A trademark is any unique expression identified with an item or service that recognizes it from others. A trademark can be a visual image, which might be a word, a name, a gadget, mark or numerals utilized by a business to recognize it from different products of various business.
It is your quiet salesperson, your legitimate umbrella, your resource for parade. Proprietors of trademarks have selective rights to utilize trademark under the classifications they are enrolled in (there is an aggregate of 45 classes, called classes). Just Trademarks that are enlisted under the Trademark Act, 1999 gives the trademark proprietor ideal to sue for damages when encroachments of trademarks occur.
ADVANTAGES OF TRADEMARK REGISTRATION
You become the legal owner of the enrolled trademark and no someone else has the privilege to utilize your enlisted trademark without your earlier authorization. No move can be made against a second gathering if the trademark is not enlisted with the administration. The enrolled trademark holder can make some legitimate move against any individual who tries to duplicate the trademark with any prior permission.
One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.
Creation of Asset
Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.
Trust or Goodwill
As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.
Popularise your brand
Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.
WHAT CAN BE TRADEMARKED?
1. Name: A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked
2. Word: A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked
3. Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand
4. Image: Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo
5. Sound: Sound marks in audio format. For ex the sound in the ad jingle
WHO CAN APPLY FOR A TRADEMARK?
Any person or business claiming to be owner can apply for a trademark including:
It is best that you apply for the trademark as a person. For a situation of a proprietor or organization, in the event that you close or change the name of the business, your trademark will wind up noticeably invalid. Be that as it may, for a situation of individual, this issue won’t arise.