How does a trademark work | Everything you must Know

 

Are you also confused about how does a trademark work after trademark registration online?

Trademark serves four purposes in today's commercial environment.

• Identifies the goods or services as well as their origin.
• Assures consistent quality.
• Promotes the products/services.
• Shapes the image of the goods/services.

Given how advantageous it is to register a trademark while running a business. Let us now consider the relevance of the registration and how does a trademark work:

 

A trademark gives unique identification.

Since the market has been overcrowded with multiple companies and brands, it has become nearly impossible to distinguish between them. 

As a result, the only way for enterprises to differentiate themselves and attract clients is to register an exclusive trademark for their brand and, establish the business' prestige around it.

 

A TM is infinite.

As previously said, trademark registration comes with a 10-year validity period that may be readily renewed every 10 years before expiration, meaning that a trademark can exist as long as the firm is alive or even longer!

 

A TM serves as a shield.

Any entrepreneur must ensure that his or her brand is protected against competition. 

If the trademark that the individual has been striving to develop already has a registered trademark by someone else, the individual not only loses business and goodwill in the market but also loses the right to prevent others from using the same trademark. 

As a result, shielding the trademark will protect the trademark/business, assisting the owner by preventing others from utilising comparable trademarks.

 

A TM is cost-effective.

Trademark registration is merely a one-time expense. Furthermore, the time and procedure for registering a trademark have been significantly decreased. A trademark registration now takes 6 months to a year to complete.

Furthermore, once a trademark is registered, it is valid for ten years and can be readily renewed every ten years until the trademark expires.

 

A TM is an Asset.

When you learn how does a trademark work, you will know why it is an asset.

A registered trademark is a valuable asset for a business/brand/company that directly generates goodwill. As a result, the desirability of a trademark grows in tandem with the expansion of the business. In truth, a registered trademark, like any other tangible asset, can be sold, transferred, purchased, or even used as collateral for a loan.

 

What is a Trademark?

A trademark is a term, sign, symbol, or even visual that is used to distinguish a corporation, its goods, or services from those of competitors. 

A brand, product, company name, or logo, for example. 

It allows consumers to identify, buy, and enjoy items and services based on the precise traits and quality guaranteed by the trademark/owner.

A trademark can be made up of logos, images, words, short phrases, colours, or a combination of all of these. 

Words and pictures are the most widely used distinguishable markers, however, other distinguishable marks may also be used if they can be represented graphically. 

For example, Louis Vuitton, a famous luxury brand, has obtained a trademark for its check pattern known as the Damier Pattern. 

Cadbury, the infamous confectionery brand, has the colour purple trademarked for its chocolates. 

Even though obtaining a trademark for a single colour is extremely difficult. 

Coca-Cola owns a trademark for the design of its bottles. DETTOL, ROLEX, NESTLE, SUN PHARMA, THEOBROMA, MONT BLANC, and more trademarks are also examples.

 

TRADEMARK TYPES

A trademark can be classified into the following types:

Wordmarks can be words, letters, or numbers. COCO CHANNEL and APPLE are two examples.

Device marks are the exclusive depiction of a word, letter, or number. For example, the way AMAZON or EBAY are written.

Figurative marks/logos: These are made up of a figure or a logo. For example, the YELLOW M of McDonald's or the SWOOSH symbol of Nike.

Service Marks: A service mark distinguishes one person's services (rather than things) from those of another. For example, the term UNITED AIRLINES, the phrase FLY THE FRIENDLY SKIES, and the world map logo are all service marks. It is because United provides a service: aeroplane flights around the world. 

Collective Marks: Marks used by a group of businesses. Such marks may be owned by an association, a governmental institution, or a cooperative. For example, the mark CA is used by the Institute of Chartered Accountants, and the mark CPA is used by members of the Society of Certified Public Accountants.

Certification Marks: Standards are defined using certification marks. They reassure customers that the product meets specific requirements. For example, the ISI and FSSAI mark.

Unconventional Trademarks: Unconventional trademarks are those that gain notoriety due to their fundamentally distinguishing feature:

Cadbury Chocolates owns the purple colour trademark.

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• The Hemglass ice cream van jingle is a well-known sound trademark.
• Coca-Cola bottle with shape marks (3D marks).
• Smell Marks: In June 2015, the Brazilian footwear brand Grendene successfully patented its range of bubble gum-scented jelly sandals.

 

How do you choose a good trademark?

If it's a word, it should be simple to pronounce, spell, and remember. The best trademarks are developed or coined words, as well as unique geometrical designs.

Please refrain from using a geographical name, a common personal name, or a surname. Nobody can have a monopoly on it.

Avoid using laudatory terms or phrases to describe the quality of items (such as best, perfect, super etc.)

It is advisable to perform a market survey to see whether the same or similar mark is in use in the market.

 

Who and how can file for a trademark?

Any person claiming to be the owner of a trademark used or proposed to be used by him may apply for registration in writing in the prescribed manner. 

The trademark, the goods/services, the name and address of the applicant and agent (if any) with power of attorney, and the period of use of the mark should all be included in the application. 

The application must be in either English or Hindi. It should be submitted to the proper office. /p> Formalized paraphrase

You can submit the applications in person at the respective office's Front Office Counter or by mail.

Also, these can file online through the official website's e-filing gateway.

 

Who benefits from trademark protection?

If you know how does a trademark work, you can avail several benefits.

The Registered Proprietor of a trademark can establish and preserve the goodwill of his products or services, restrict other traders from using his trademark illegally, sue for damages, and secure the destruction of infringing items and or labels.

The government obtains money by charging a fee for trademark registration online and protection.

Legal professionals charge for their services to enterprises in the areas of trademark selection, registration, and protection.

Purchasers and, eventually, consumers of goods and services have options for selecting the best.

 

What are the advantages of trademark registration?

The registration of a trademark grants the owner the exclusive right to use the trademark. Concerning the products or services for which the mark registers.

As indicated by the symbol (R), and to seek infringement relief in suitable courts throughout the country. 

However, the exclusive right is subject to any limitations registered on the register, such as limitation of usage area, etc. 

Furthermore, where two or more people have registered identical or nearly identical marks as a result of unusual circumstances, such exclusive right does not operate against each other.