subject: Why To Register Trademark? [print this page] What is a trade mark?
Trade mark is an intellectual property such as words, logos, devices or other distinctive features which can be represented graphically. The term trademark is usually referred to any attribute through which a business house can readily be identified or in other words Trade mark is a discrete indicator used by a legal entity such as business house, individual or a firm so that the consumers can easily identify their product or services. The appearance of trade mark indicates the unique source of origin of the product or service.
A trade mark has three essential functions:
It identifies the origin of goods and services
It guarantees consistent quality by showing an organisation's commitment to its users and consumers
It is a form of communication, a basis for publicity and advertising.
Why is Trade mark important?
A trade mark can become one of the most important assets of a company. Trade mark registration is one of the strongest ways to defend a brand; a way to ensure that no one else uses it. If you do not register your trade mark, others may do so and acquire your rights to distinguish their goods and services.
Trade marks influence consumer decisions every day. A strong trade mark creates an identity, builds trust, distinguishes you from the competitions, and makes communication between seller and buyer simpler. As lot of money and time is often invested in creating a brand name for itself, it is worth paying something to protect it from misuse.
How to decide on a Trade mark?
Trade mark is often associated with the brand itself so a good trade mark is almost synonymous to a good business and great line of products and services. Proper selection of the trademark is necessary for business as well as legal point of view. From the general business point of view, the trademark shall be
easy to pronounce,
remember, attractive and
As far as possible short.
From the legal point of view, the trademark shouldnt fall under section 9 of the Act which mentions all absolute grounds for refusal, i.e. it should not be a personal name, surname, geographical name, name of a tribe / caste or refer to the character or quality of the goods. A good trademark should be an inherently distinctive trademark, preferably an invented or coined word.
Benefits of registered trade mark over unregistered trade mark?
Registration: Under the Indian laws, the proprietary rights in relation to a Trade Mark may be established through actual use in the marketplace or through registration of the mark with the trademarks office/registry of a particular jurisdiction. The Trade Marks Rules, 2002 under Rule 25 to 62 govern the procedural aspects relating to the registration of Trade Mark which can be done on any of the registration office at Ahmedabad, Delhi, Mumbai, Kolkata & Chennai. The mark to be registered must be distinctive and must not be descriptive.
Disadvantages for non-registration: No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark, but an unregistered mark may be protect able only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand under common law. Unregistered trademark cannot be protected under a common law beyond a geographical area.
Thus a registered trade mark can be used to bring about the transparency by identifying the legal entity associated with the product or service
by: IP Attorney at http://www.intepat.com
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