Name and logo serve to be the pillar of any brand. A trademark is a symbol or sign that denotes a company’s brand and helps customers recognise its goods and services. The most widely used trademarks include names, logos, and slogans.
Trademarks stand in for brands. At least one trademark serves as the foundation for every strong brand. When a trademark is protected, the associated brand is also covered, along with all the effort and money you invested in building your brand.
Advantages of Trademarks
Trademarks are crucial for:
- Differentiate your business from competitors
- Identity the products’ source
- Set your service out from others.
- Authorise using cobranding by other businesses
- Indicate your union membership.
- A trademarkable symbol also serves to identify you to consumers. It is crucial when, for instance, two businesses in the same sector share a name.
According to the Act, trademark registration is not required; hence unregistered trademarks are those not filed for registration. It applies to both products and services. However, the protection of unregistered trademark gets is quite limited compared to the legal protection provided to registered trademarks.
When the owner uses a symbol, sign, or phrase, but is not registered following the Trademark Act of 1999, is referred to as an unregistered trademark.
What Can Be Trademarked?
A trademark can be registered for a phrase, word, symbol, object, or colour. Anything that sets your party’s or company’s products apart from others qualifies. The object must be utilised in a business environment to be protected by the law; the object must be utilised in a business environment. A trademark is protected for ten years.
The name may also get classified as a brand name, a company name, a name of a particular person, or a surname. But any type of company, trade, or service must utilise such a name. It may be written in any specific font, colour, or style. A trademark holder can register a trademark for the names under which your firm operates.
Many businesses register their trademarks for the names of their products.
Every firm’s first step is registering a business name as a trademark. Consumers may recognise a brand when they hear a company’s name. When a company registers a trademark for its name, other businesses cannot use that name without endangering customer misunderstanding.
Numbers or Abbreviations as a Trademark
Letters, abbreviations, or a combination that is used in commerce and may be used to differentiate one person’s goods or services from those of another are eligible for trademark protection. For instance, “IBM” or “BMW.”
Symbols or a logo
If your company uses a particular logo to represent its name, goods, or services, the Indian Trade Marks Act allows you to register that logo as a trademark. It is sometimes referred to as a “Device.” It must be special. Such symbols establish their own identity; thus, their brand name is not necessary to define them.
The tagline, sometimes known as a slogan, expresses the idea behind the good or service. As a result, most companies nowadays have a slogan for their goods or services. It gives the effect more drama. People may remember them quickly since they are short and memorable. It can be trademarked since it reflects the brand.
Unusual marks used as trademarks
Numerous unusual trademarks may be registered, including sound, smell, and motion marks.
Any sound that musical notes may represent is eligible for trademark protection, and it must be recognisable. Yahooyodel ! was the first sound mark to be registered in India. Other sound brands include Nokia or Intel tunes, for example.
It is challenging to trademark a fragrance and graphically portray it. However, the chemical equations that make up the scent can be used to trademark it. To trademark the perfume, one must meet the requirements.
Many trademark holders choose a motion mark. A moving logo or hologram is a motion mark modified to increase market reach. The motion mark can be trademarked since it can be visually represented. Sequential representations of the movement of such markings are required. The Microsoft logo is the greatest illustration of a motion mark.
Shapes of many sorts
Registering a trademark that can be represented graphically and incorporate forms is possible. The trademarked form of the items cannot be the same as the natural shape of the goods. Furthermore, trademarks may get registered for the three-dimensional forms of items. The goods that have trademarks for their shapes are listed below.
Under the Trademark Act, a product’s label or packaging may also be trademarked. One will not be able to register a trademark on the regularly used packaging to identify the product. A special pattern or colour must give the goods a new identity. Dairy Milk’s label or container is a recognised trademark. More information about unusual trademarks that can be registered in India is available.
Although trademark registration is not required, it is crucial to safeguard a brand’s reputation. Although the procedure could take some time, it will be worthwhile.