August 23, 2022
WHAT IS A TRADEMARK?
A subset of intellectual property rights is Trademark. Individuals are able to keep ownership rights to their original works of art and creative endeavors because of intellectual property laws. The intellectual property is restricted by a number of fees for registration and fees for violation since it was made possible by human labor. Trademarks, Copyright Acts, Patent Acts, Designs Acts, etc are examples of intellectual property.
A trademark can also be considered a great marketing mechanism to increase the revenue generation of a company. Although a brand is always a trademark, a trademark isn’t really necessarily a brand. A name, term, or symbol that distinguishes goods from those of other businesses is known as a trademark. With a trademark, product recognition is guaranteed and made simpler, making the process of marketing products or services much easier. A trademark might be a phrase, a logo, or a pictorial mark.
There was no trademark law in force in India before 1940. Which led to the emersion of a large number of registered and unregistered trademark infringement problems that were resolved in line with Section 54 of the Specific Relief Act of 1877. The Trademark Act was replaced by the Trademark and Merchandise Act in 1958. The Act allows for trademark registration, giving the holder of the mark a legal right to its sole use. The Indian government updated this earlier Act with the Trademark Act, 1999. In instances of trademark infringement, the police are authorized to make arrests under the 1999 Trademark Act.
WHAT ARE THE TYPES OF TRADEMARKS WHICH CAN BE REGISTERED IN INDIA?
Several types of trademarks could be registered in India, including the ones listed below.
- Symbols and logos: Printed characters, painted designs, or painted figures that represent a company’s name, service, or product are known as logos and symbols.
2. Sound Mark: It’s a sound that can be associated with a good or service provided by a certain company. The notion of visual representation, a prerequisite for trademark registration, includes sound markings. Trademark registration for a sound must be presented in a way that makes it distinctive and recognizable to the customer.
3. Service and Word Mark: Service and word marks are mostly used to help differentiate their owners’ businesses from those of other firms that provide the same services. A service mark is used to distinguish services from products, much like a product mark is.
4. Series Marks: A series mark refers to a group of marks that all have the same common name but differ according to specific attributes like value, quality, and cost.
5. Collective Marks: Not only one specific commodity or service but a number of persons are associated with these marks. The primary owner of these trademarks is a company, institution, or organization. Members of the group might utilize them to show themselves as an integral element
6. Mark of certification: The certification mark is another kind of trademark that is frequently used in India to indicate the company’s ownership of particular standards of quality. The public is made more aware of the trader’s certified products and services thanks to certification markings.
CAN A LOGO BE A TRADEMARK?
Although a logo can get trademark rights, it is not always a trademark. After creating a unique logo, you might want to consider trademarking it. It is very advised to trademark the logo because it serves as a physical representation of your business. A logo is easier for your consumers to remember than a name. For example, The Nike “swoosh” is a fantastic illustration of a trademark logo. The first step in your proactive strategy for remaining one step ahead of its competitors is to use a trademarked name and logo for your corporation or business. Industry experts claim that company trademark names and logos have an impact on customers as well. Each business that is legally registered under the 1956 Act has a unique company name and corporate logo that are acquired from rivals according to the 1999 Trademark Act.
Logo registration online is a common choice for business visionaries due to its simplicity and clear tactics. You can get assistance through the logo registration procedure from a trademark attorney or other legal expert.
WHAT IS THE DIFFERENCE BETWEEN A LOGO AND A WORDMARK?
Word Mark: It is referred to be a wordmark if a corporation, like Reliance, Hero Motors, or Parle, has only trademarked its official name. This implies that the trademark would still be allowed even if there is an existing company using the same name as the toy maker but in a different industry unless the rival business can demonstrate that its customers are unsure who owns the trademark of the toy producer.
Logo Mark: If you want your customers to know you by your distinctive, catchy logo, you should submit a logo trademark registration. Consumers may easily recognize the logos of many popular firms, making them well-known.
The second-broadest protection against unwanted infringers when used as a word mark. However, whether a company applies a word mark or a logo registration will entirely depend on the business plan, as long as the logo mark is sufficiently unique, the company can proceed with registering just the logo. Your brand should stand out, whether it takes the form of a word, a logo, or a hybrid.
CAN WE REGISTER A WORDMARK AND A LOGOMARK TOGETHER?
Every company owner must take into account the importance of trademark acquisition as a necessary step in securing the integrity of their brand. The procedure is, however, not much expensive in India comparative to other countries, as everybody who has glanced into it is aware. It also takes a lot of time.
Thus, it is unsurprising that one of the most common questions on logo and trademark arises when business owners seeking to register a trademark for their company is whether they should register both their business name and logo on the same application.
You may register together and save money and possibly time. However, there are situations when going with the easier and less expensive alternative can end up costing you considerably more in the long run.
WHY TRADEMARK AND LOGO REGISTRATION IS IMPORTANT?
Once your company starts to take off, logo registration has several benefits. Although registering a logo requires some work, it will allow you to use the registered trademark logo as legal evidence of your ownership in court. Additionally, registering a logo prohibits other companies operating in the same industry as yours from registering logos that are identical to yours. Additionally, during their intellectual property audit, any investor would be interested to know if you have a registered logo.
It offers defense in court against bogus and dishonest goods. Because of the product’s name or emblem, the consumer may quickly recognize it. It develops for the owner an intangible asset with transferable, marketable, and franchisable potential. Because of the confidence and goodwill that trademarks foster in the memory of customers, many of them remain devoted to the product.
COMMON MISTAKES PEOPLE MAKE AT FILING LOGO TRADEMARK APPLICATIONS.
The most frequent error individuals make when filling out a trademark application for a logo is that they do not finish the explanation section properly, which renders the application less helpful for the officials to review and evaluate. The explanation part of the application must be concrete and straightforward with all the relevant information.
Also read our latest blog on Difference Between Trademark and Patent
CONCLUSION
A registered trademark gives the owner an exclusive right and distinguishes the product from similar products created by other businesses. A trademark serves as an owner’s intangible asset and long-term brand protection. The only person who is permitted to use those certain words, symbols, and slogans is the owner of a trademark. It is essential for a brand to be safeguarded and preserved in an economy like India. Therefore, it is crucial to acquire a trademark registration in India, not out of requirement but rather out of necessity.
Naseem Sheikh is a trademark enthusiastic and he is a member of Bar Council of Delhi, Bar Council of India.
