Definitely, you’ve heard the term “trademark.” However, you may not be clear on how trademarking could advantage your own small business. Do you want to deliberate trademarking? What do you understand by trademark? How do you get started?
What does trademark mean?
The term trademark refers to an identifiable badge, phrase, word, or symbol that signifies a specific product and legally discriminates it from all other products of its kind. A trademark entirely classifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.
A trademark is a graphic representation of a name, word, label or numeric characters utilized by a business to distinguish its goods and services from other parallel goods and services originating from a different business. A trademark works as an exclusive uniqueness of the goods and services that a person is presenting/ selling from other such goods and services.
A trademark, once registered, is an untouchable asset or intellectual property for occupation and is used to protect the company’s investment in the brand or ideogram.
A trademark is registered once it is diverse for the goods and services that are being provided. Offered trademarks that are similar or identical to an already existing registered trademark can’t get registration. Besides this, trademarks that are deceptive, generic, offensive, similar, contain entirely protected emblems, etc. cannot be registered either.
In India, trademarks are registered by the Controller General of Patents, Design and Trademarks department for Promotion of Industry and Internal Trade, Government of India. Trademarks in India are registered under the Trademark Act, 2016 and it authorizes the trademark owner the right to prosecute for damages when breaches of trademarks occur.
Following the registration of the trademark, the mark can be used by the proprietor and the said trademark registration will be valid for a fixed period of 10 years. Though, the registered trademarks approaching their termination can easily be renewed by applying for a trademark renewal application for an extended period of another 10 years.
What is a Trademark and What Are the Types?
- Arbitrary and Fanciful Trademarks.
- Suggestive Trademarks.
- Descriptive Trademarks.
India: Process: Trademark Registration In India
Step 1: Trademark Search. Many entrepreneurs do not comprehend the importance of a TM search
Step 2: Filing Trademark Application
Step 3: Examination
Step 4: Publication
Step 5: Registration Certificate
Step 6: Renewal