A trademark is a term, symbol, or design that distinguishes one party’s or organisation’s goods from another. Here are the essentials of a good trademark.
In India, the Trademark Act 1999 protects the trademark rights and the common law remedy of passing off. The Controller General of Patents and Trademarks administers such protection under the Act.
The Trademark Act governs trademark protection, registration, and prevention of trademark infringement.
Let’s get in-depth and understand what trademarks are and the essentials of good trademark.
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Trademarks are a type of intellectual property. Intellectual property laws allow people to retain ownership of their original product and creative effort.
Because intellectual property got established through the labour of humans, it is subject to a variety of registration and infringement fines. Intellectual property includes trademarks, the Copyright Act, the Patent Act, and the Designs Act.
A trademark is a name, word, or symbol differentiating one company’s goods from others. Marketing goods or services by technique gets significantly easier with a trademark since product recognition is secured and made simple. Every trademark owner has the right to prevent a competitor from utilising their mark or sign.
A trademark is a marketing tool that can help a business raise funds. It is not always a brand, but a brand is always a trademark. The terms trademark and brand are frequently confused. Although a brand name might simply be a symbol or emblem, a trademark is a distinctive sign or indicator in a company organisation since it has a broader meaning than brands.
A unique trademark that shows the product’s quality typically influences people. A trademark might be a logo, a visual mark, or a slogan.
Trademarks give your company or brand face value. To establish a good reputation for your company, look for a distinctive trademark that reflects the product’s quality. Shorter trademarks are easier to remember, whereas long ones are difficult to recall.
The most important thing to remember is that the trademark should be designed to be distinguished from the competitor’s and registered to be protected.
There are many types of trademarks in India; however, the most common types include:
A service mark is any symbol, sign, device, or term used in commerce to identify and differentiate one provider’s services. Service marks are one of the types of trademarks that only apply to the distribution of services, not physical objects. Service marks are utilised in common services such as:
- Hotel services
- Entertainment services
- Speed reading instruction
- Management and investment
- Housing development services
A service mark is essential in promoting and selling a product or service. A service mark identifies a product, and the service mark for that product is also known as a trademark.
A certification mark verifies or confirms a matter by ensuring that some act or judicial formality has been accomplished. As per the Act, a certification mark is a mark that certifies particular qualities of products or services with which the mark is associated.
Certification is one of the types of trademark capable of identifying the goods or services associated with it in the course of business.
Those items or services that are not certified and registrable under this Act are in the name of the proprietor of the certification trademark. The Trademark Act in India governs the registration of certification marks, and the product must be competent to certify to be registered.
A collective group or members of a collaborative association use the collective mark to identify the source of goods or services.
A collective mark is used for a group of organisations with similar qualities, goods, and services. This mark is used by the organisation or group for more than one individual functioning in a group organisation or legal body to distinguish various goods or services. Two types of collective marks are for identifying identical goods or services:
The marketer, merchant, or individual wearing the collective mark is a member of the stated group or organisation.
The collective trademark and service mark identify the product’s origin or source.
A collective trademark is used by individuals within a group yet is registered as a whole. CA is the title or mark conferred on the Institute of Chartered Accountants members, and the association’s group may use such a collective mark. The Trademark Act, 1988 was amended to incorporate this provision.
The Intellectual Property Rights clearly explain the essentials of good trademark. It can be a slogan, expression, or sign that distinguishes a company’s services and products from its competitors.
To be distinctively recognisable, you must find a unique trademark that leaves an impression on people so that it is never forgotten. Before you register your trademark, conduct a thorough trademark search. You should also make sure that the trademark you select is not similar to any registered trademark. You can always hire experts to help you find and register a suitable trademark for your business.