What is Trademark?

A trademark is a brand or logo that can be used to identify your goods from the products of your competitors. Trademarks are included under Intellectual Property rights along with copyrights and patents. The trademark should be registered if you want your company, brand, product, or service to have its own distinct identity. Registering the trademark assures that no one in the market can impersonate the product or service owned by you hence, eliminating the need to rebrand. Furthermore, registration of a trademark in India is essential in order to protect your intellectual property and guarantee your rights.

 What exactly is trademark registration?

Trademark registration in India is a legal process established by the Trade Marks Act of 1999. The brand and logo can be protected by registering a trademark, also known as logo registration/brand registration, which prevents others from using it. Registering a trademark allows the owner to obtain ownership of the logo/name/brand. If a corporation or individual wants to protect their logo against third-party abuse, it must go through the trademark registration procedure in India. In the event of trademark infringement, trademark registration provides the legal right to begin legal action against the third party. Trademark registration also grants the owner with the exclusive right to use the mark for its products or services.

 Why are trademarks important?

1. Identity of the Startup – Startups may protect their brand by trademark registration. By applying for trademark of the firm’s name, one distinguishes its services and goods from those of competitors and thereby acquiring intellectual property rights.

 2. Inspires the Employees to Join – When a startup has a registered trademark, it is considered a brand and hence people are more likely to join a company with a strong reputation/goodwill. This is especially true in today’s scenario where in youngsters and talented/skilled professionals want to be associated with known brands, start ups offering niche services/products which stand out. 

3. Legal Protection – Failure to register a trademark exposes a company to litigation from firms that did register one under the same name, sign, slogan, or design. If this occurs, a company will be obligated to change everything it created, including the campaign, website content, and its brand identity.

 4. Trademark is for Life – A trademark is perpetual and requires periodic renewal. The trademark highlights the need to complete rigorous research to guarantee that the regulatory body does not decline a startup’s application. As a result, it is prudent to retain the services of a reputable Intellectual Property service provider with a solid reputation to assist you with trademark filings for your firm.

 5. Easy Communication Tool – A registered trademark clearly shows which brand the product belongs to. It can be easily located by the customers as it is a powerful instrument with a distinct identity, registered trademarks are easily traceable, and buyers can quickly find your goods/services.

 Trademark registration grants the owner an exclusive right to differentiate the goods and services from substitute/comparable goods or services of other firms. Trademarks function as intangible assets for the owner, providing long-term protection for the brand. A trademark gives the owner exclusive rights to use words, symbols, and slogans. Brand protection and safety are crucial in a market like India. As a result, trademark registration forms an integral part of the business rather than it just being an optional registration.