Why Trademark is Important

Do you know? Why Trademark is Important for Your Brand!

Online Legal India LogoBy Online Legal India Published On 13 May 2024 Updated On 15 May 2024 Category Trademark

Any term, phrase, symbol, or design used in business to identify or to differentiate one company's products or services apart from those of competitors is called a trademark. Trademark has many advantages in protecting your brand and today we will know, why trademark is important. Know all the details of trademark registration in this article.

Different types of trademarks:

There are three main types of trademarks available:

  • Product mark
  • Service mark
  • Collective mark
  • Certification mark
  • Shape mark
  • Pattern mark

Let’s understand Why Trademark is Important in a specific Industry: 

Trademark makes your business unique and protect it from others copying it, mainly the logos, tag lines etc. Suppose, let take clothing industry; Clothing design refers to art forms that are limited to the creation of clothing and other lifestyle accessories.  Apart from knowing general marketing trends, all clothing designers need to come under into the concerned IPR (Intellectual Property Right) regulatory body to ensure the uncompromising protection of their brands or businesses intangible assets. Intellectual Property (IP) is the result of using your intelligence to create something original or unique. The clothing industry is an IP-influenced sector, constantly generating creative ideas and innovations. In the clothing industry, creativity includes not only the act of design but also the marketing of products. 

All this intellectual capital is invaluable to the fashion house. Nevertheless, there are many companies in the fashion sector trying to do so without proper IP (Intellectual Property) protection.  The fashion industry is a valuable sector in terms of both money and market presence. Innovation and sophistication are two key attributes that help this sector grow rapidly. As a result, this sector is more vulnerable to Intellectual property breaches. The operator must agree that the above valuable intangible assets need to be quickly identified, the applicability of the business determined, protected and utilized through the Intellectual Property system.

Let's look at how important Trademark is.

  • Exclusive Rights: If you have registered your trademark, then you will have the exclusive right to use the trademark for all the services and products that fall under that particular class/class applied. Furthermore, the owner/ or you have the sole ownership of the Trademark and can prevent others from using the Trademark in the same class in which it is registered. It grants the right to take legal help and assistance against the unauthorized user of the registered trademark. In other words, the proprietor owns the trademark and can prohibit others from using it in the class/classes in which it is registered. It also gives the owner the right to take legal help for any unauthorized infringement.
  • Global Trademark Registration: If you want to expand your identity or brand identity outside of India or simply register a trademark in any other country, you can do that easily. Once you have a trademark in India it helps you to gain reputation and goodwill and that will give you a big opportunity to register your brand outside India. 
  • Trademark provides a protective shield: Any entrepreneur needs to guarantee the safeguarding of their brand from their competitor. The person not only loses business and goodwill in the market if the trademark they have been laboring to create is already registered by someone else, but they also forfeit their ability to forbid others from using the same trademark. Consequently, protecting the trademark will benefit the company and the individual by stopping others from using a similar trademark.
  • Using the "R" symbol: While registering a trademark, you are entitled to use the "R" symbol on your brand name or logo to show that your brand is registered. When you have a registered trademark then no one else can use those similar or the same logo without your prior permission. If anyone uses a similar mark without your prior permission, then you can file a case against them before the court of law. 
  • Differentiate Products and Services: It acts as a useful marketing strategy by making it simpler for buyers to locate your products and setting them apart from both current and potential rivals. The mission, values, or unique selling point of your business or any other group can be expressed through the logo. It serves as a powerful marketing tool in addition to setting your good or service out from rivals. Furthermore, the mission, excellence, and distinctiveness of your company are embodied in your trademark or logo.
  • Builds Goodwill and Trust: A product or service's excellence and reputation are reflected in the value of registering a trademark. Having a registered trademark boosts brand awareness and consumer trust. Customers in the market develop trust and goodwill toward you because of the trademark, which makes the established quality of your goods and services known to all. It helps to build a following of devoted consumers who choose your brand over competitors and a steady stream of long-term customers who do the same.

Documents Required for Trademark Registration:

  • Name of the Applicant: The name of the company, individual or entity while applying for the trademark registration.
  • Kind of Business: Mention the name and type of business entity, like a partnership, proprietorship private limited company etc.
  • Business Objectives: Mention a brief and exact description of your business activities or objectives.
  • Brand Logo or Slogan Name: Mention the logo, name or slogan that you want to trademark.
  • Registered Address: Provide the registered address of the entity applying for the trademark.

Now let’s look at the Trademark Filing Process in India:

  • Trademark Examination: A Trademark Registrar's officer will be assigned in the case of handling your trademark registration application once you complete the Vienna Codification. The officer will make a trademark examination report and evaluate the application whether your application is legitimate and authentic. 

The officer may proceed with the application and give an order of trademark journal publication, or if the examiner thinks that your application is not legitimate then he can object to the registration process based on his report. If there are objections, the applicant have to face the Trademark Officer with the objections or the problems that has been occurred in the application. The concerned officer will grant the trademark for publication if he /she thinks that your justifications are okay to go ahead. 

  • Trademark Journal Publication: After the Trademark Registrar accepts the application, the trademark will be published in the Trademark Journal. This journal, which contains details on each trademark that the Registrar receives, is published once a week. Everyone has the right to object if they believe that the trademark registration may harm their interests. If no objections are lodged within ninety days of the trademark publication in the journal, the trademark will be registered in twelve weeks on behalf of the applicant who submitted the application.
  • Trademark Hearing: A Trademark Hearing Officer will call for hearing if a third party opposes to the application. Both the opponent and the applicant have the chance to express their cases. Based on the hearings and the supporting materials, the Trademark Hearing Officer will decide whether to grant or deny the application.
  • Trademark Granted: This is the last step of the Trademark registration process, it is the step when the owner of the brand is granted with Trademark certificate and this is the official document which signifies, that the brand is registered with the trademark. After you register your brand, no one can use your brand logo or name without your prior permission. If someone intends to use that without your prior permission, you can sue them in a court of law. Trademark makes your business unique and helps your business from getting copied by any other third-party businessman and helps to run your business smoothly. 

Your trademark registration is completed, but your responsibilities are not over yet, you have to renew your trademark from time to time to keep it valid, let's just look at a glimpse of trademark registration. We will just touch and go regarding renewal we will not go into the deep.

Trademark Renewal: 

The trademark does not hold the feature of perpetual existence, that's why the Trademark owner has to renew their trademark after some time otherwise it won't be valid. There is one plus point there is no time limit for renewing trademarks.

Conclusion: Trademark registration is very important for your business to protect them from unauthorized use, and infringement. Everyone should understand the value of a Trademark and why trademark is important? The trademark registration process might seem tough and complex, so it is always advisable to take an expert's advice. If can't connect with a Trademark expert, then you can contact Online Legal India as they have vastly experienced experts and have catered to a lot of clients now successfully. Most of their clients are satisfied with the services they get from Online Legal India.

 


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