Trademark- a perfect window to protect your brand

Being an entrepreneur you tend to create a specific brand for the products and services provided by your business. You may dislike- noticing some other person or competitor(s) using your brand name in one or another way. To avoid all this, there is a tool which can be used/unlocked by you or any of your representatives on your behalf to protect the brand for your products and services. What exactly this tool is?? Yes, you guessed it right! Undoubtedly, it is the trademark. Now of course you wish to know how it all works. First of all, the basic concepts and fundamental of trademarks are revealed here so that there should not be any kind of confusion or misunderstanding about the trademarks.

What is Trademark

Trademark is a word, design, symbol or any phrase which elucidates, clarifies and distinguishes the source of the goods and services. Also it indicates the quality and the ownership of products and services. Trademark can be a combination of color, text and shape. Generally, they are used to identify the products or services in a trade. It is recommended not to do business without the one. Once you have chosen the trademark, next rung in the ladder of this process is to get it registered. How to do it:-

The main point before going for registration of trademarks is that it is not the case that you can get the registration of any word or logo arbitrarily. Rather, as an applicant you have to consult with the trademark attorney before you do attempt to register their brand or company name. There are few points which should be taken into consideration beforehand:

v Availability

v Distinctiveness

v Ambiguity

v Generic

v Suggestive

v Descriptive

How to protect the Trademarks

Trademarks can be protected at regional/National and International level. Regional and National level registration can be obtained by filing an application with the trademarks office and paying the requisite fees. At the International you are provided with two options:

• File the trademark registration application with every country in which you seek protection

ü Opt for another one i.e. to go to WIPO (World Intellectual Property Organization) for registration.

Note: A trademark is not a trade name. A trade name reflects the business whereas the trademark implies the product.

There are certain questions which are associated with Trademarks. Some of these are:

• a href="https://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#toc">Can the rights on trademark be lost?

Yes! These rights can be lost in case the trademark creates confusion or was obtained by providing misleading information. For how long does the protection of trademarks last?

The tenure of trademark registration is generally ten years but it may vary and is renewed by paying additional fees. Trademarks protection is imposed through court orders.

• What are the rights correlated with trademark registration?

Once you get the trademark registered you will be endowed with an exclusive right to use the registered trademark. Also, you would be entitled to transfer or permit the same to another party for using the same in lieu of the mutual agreed payment.

Still facing any issue with trademarks registration?? Send your query at contact@Gocompany.in.

Inmacs India is a member of Inmacs Global, Hongkong- an international network of Chartered Accountants, Company Secretaries, Lawyers and Management Consultants.