A trademark is a visual mark that can be used by a company to differentiate services or products from certain same goods or services that are manufactured in different businesses by a word, name, numbers, logo, color combination, etc.
In India, trademarks are listed by the General Controller of Patent Designs and Trademarks, Ministry of Commerce and Industry, Government of India. When Is the Right Time to Register Your Brand?
Trademarks are authorized under the Trademark Act, 1999, which grants the owner of the trademark the right to sue for damages when trademark infringements occur. Registered trademarks are for business intellectual property, used to protect the investment of the company in the name or symbol.
A name including own personal name or surname of the applicant or predecessor in business or the signature of the person
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example, the panther jumping in the puma logo.
Sound marks in audio format. For example, sound in the Ad jingle.
Except for these, the other things that may be trademarked are an invented word or other arbitrary dictionary term or terms, letters or numerals, devices that may include fancy devices or symbols, monograms, a mixture of colors or a single color in conjunction with a term or device, the shape of products or their packaging, 3-dimensional sign, slogans and phrases, logo, graphic material, etc.
In the context of the trademark rules and regulations in India, it is possible to register things like sound, logo, words, phrases, colors, images, symbols, initials, or a mix of all of these.
You may apply for a trademark using:
Note: In the case of NGOs and LLP companies the trademark must be applied for in the name of the corporation or company concerned.
A product or service sold under a registered mark helps consumers develop trust, protection, quality, and goodwill.
In case of misuse, a registered trademark owner has the legal right i.e. you doubt that someone else copies your trademark, you sue them for copying your logo, brand, name, or slogan.
The trademark must be a valuable asset in case your brand builds a name and fame. The trademark, once registered, makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted.
Trademarking will make the consumers find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
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