A trademark is a unique identity which makes a product or service unique that stands out from the rest that is similar to it. The unique expression or unique identity can be a logo, slogan, photograph, word, smell, sound, colour combination or graphics and so on.
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Benefits of Trademark Registration
A Trademark registration is the legal protection of
one's brand name such that it cannot be copied by
any o their party. In other words, a trademark™ is a
visual symbol which may consist of a word, signature, device, numeral,
heading, label, name, that is written in a particular style in order to make
it distinct from others. In case of a trademark being copied, the owner
will have the right to recover the profits earned in the name of the
registered Trademark under the Intellectual Property Act.
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1. Exclusive identification
The product and services provided
by the business are uniquely
identified by consumers and
audiences. This helped to build a market reputation and thus, becomes
the face of the business entity. It ensures the sole ownership of a
particular symbol, logo, name, such that it is not misused.
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3. Legal protection
Avoids chances of infringement as in the process one might find trademark through
Trademark Database or Trademark Registry.
In cases when a trader tries to register the same brand name as existing in the Trademark
Registry, it would be objectionable in the Trademark's Office.
In case of infringement, one is able to receive the right to claim under certain conditions.
Once the trademark is registered, an infringement of the existing
trademark can be sued by the owner. Thus, it gives certain legal
protection in following situations:
Before any trader creates their trademark
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4. Building up trust or Goodwill
Serving quality products and services under
a registered trademark builds up an image of
the business entity in the marketplace. It
also portrays that the business cares about
the brand building and this passes on
positive values about the brand to the
customers or public.
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5. Global permits
Trademark registration in India helps
the domestic traders in getting exposed
to the global market through
International Trademark System. It is important to note that
even Non-Resident Indians and foreigners are eligible to register a
trademark in India. On the other hand, Indians can register their
trademarks globally.
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6. Protection from infringement claims
Once the trademark is registered, one
can be sure of the infringement claims.
This means if the trademark is recorded,
one may require a proper legal evidence
in order to defend a trademark
publically.
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7. The value in the market
A trademark standardizes the product
and services provided by the business
entity in the market. This builds up the
value of the brand such that it is easy
for a customer or a potential customer
to spot the company or brand in the
market.
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8. Hypothecation or security
A registered trademark can be
hypothecated for the purpose of
security in order to secure loans. Here it
is pledged in a similar manner as a
immovable property is bonded.
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9. Intangible property
In the legal sense, a registered
trademark is often referred to as an
identifiable intangible property. It
attaches to the reputation or goodwill
of the product.
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10. The right to use the symbol R
Once registered, one may use the
symbol for goods and services listed in
the registration.
It thus becomes clear that it is crucial
to get a trademark register. Further,
here is a look at the types of
trademarks registered and how it is
done.