A sign that helps differentiate a product from one producer from another or from a company from its competitors is called a trademark. By attaching an indication to a product or service, a business can create an image in the minds of customers that lasts for a long time. A perfect example of a trademark is the red thumb that is always attached to the Thums-Up cold drink.

In India, a company can register:

1. Word

2. Name

3. Logo

4. Numerals

5. Slogan

6. Device

Once any of these receive a trademark registration, only the owner has the exclusive rights to use it. In simpler words, the company alone can use the registered word, slogan, logo, etc. For example, only Apple Inc. has the right to put the partially eaten apple symbol on its products.

Why get a trademark registration?

In addition to distinguishing one product from others, a trademark is an intangible asset for a business. It protects not only the owner of the property but also the brand. Some other reasons to get trademark registration online are:

1. It ensures that the product is easily recognized by all consumers through the logo or name.

2. It offers legal protection against fake products and counterfeit services.

3. It builds a sense of trust in customers which, in turn, leads repeat and loyal buyers to achieve the ultimate goal of profitability for any business.

4. It can be sold, franchised or transferred at any time, making it an asset to the company.

An essence of registering a trademark in India

India’s law for trademark registration is called the Trademark Act of 1999. When a company applies for a trademark, it must select from 45 different classes. These are categories of products and services that are defined by the nature of the business. Once a trademark is registered, it is entered into a registry that maintains all the trademarks of a particular class. This is done to keep track of all logos, symbols, words, etc. registered trademark.

A trademark is valid for ten years. The registration can be renewed for a further decade, as long as the application is submitted within a postulated period.

Advantages of trademark registration

• An intangible property

For a business, any property has value. A trademark is considered by law as an identifiable and intangible property. It means that the brand has a value because it is the symbol of the reputation that the product or service has. Also, a trademark registration works in a similar way to other assets of a company. It can be sold or transferred at any time.

A common trademark, on the other hand, cannot be separated from the company, that is, an unregistered trademark is always attached to the company. If another company wants to acquire the goodwill that comes under a common trademark, it has to buy all of the trade and not just the trademark.

• The exclusive right

A trademark can only be used by the owner of the brand and the product or service they serve. If someone other than the owner makes unauthorized use of it, they face legal charges. The authorized legal remedies that come with a trademark registration are the most significant benefit of it. Some of the actions that can be taken are:

1. Sue for violation

2. Prohibition

3. Delivery of infringed items

4. Payment for damages

• A great deterrent

The presence of a trademark deters other business owners from using the same or a similar trademark on their products or services. It guarantees that a good maintains its goodwill.

• A promise of safety

If a business wants to obtain a loan, it can use the trademark in a manner comparable to real estate. In other words, a brand can be pledged as collateral for a bank loan.

• Right to licenses and others

Only a registered trademark has the right to:

1. Use the ® or “R” symbols on an item or service.

2. Brand license. The same is registered in the trademark register. It gives the licensee the legal right to initiate any proceeding in the event of an infringement.

3. Be transferred to another entity, person or business.

4. Obtain registration is some foreign territories. This enables brand protection on a global level while expanding your operations.

• As proof in the process

The act of registering a trademark is taken as proof of the validity of the registrations and the rights that accompany it. In a circumstance that requires legal action related to the trademark, the certification accredits a person as the owner of the trademark. The original registration record is taken as evidence until proven otherwise.

• A right to action

Under the Counterfeit Products Act of 1997, the owner of an intellectual property, which in this case would be a trademarked item or service, has the option of taking criminal or civil action against a company or individual that has participated in the falsification. The CGA also grants the same right to anyone with an interest in counterfeit products.