Trademark Registration

Trademark Registration

Trademarks are unique symbol or sign used to remember a particular organization, company or individual. An organization will develop its own sign to create a brand image among its consumers. It should be unique and clear to the target audience to stand out from the competition crowd. A customer can identify the trademark and purchase the product from the company, on which they have good perception and faith.

A trademark is not confined only to logo or image. A trademark may include name, phrase, word, symbol, design or combination of these elements.  While these are called as conventional trademarks, there is another category of trademarks which may even include taste, smell, sounds and textures. This is called as non conventional or nontraditional trademarks. But the second process is not easy to achieve, as they need unique natures and functions to be register under this.

You might have come across signs such as TM, SM,Ⓡ, on most of the product that you buy in the market. Actually these signs suggest about the products registration in the government records. The symbol TM shows that Unregistered Trademark, SM stands for Unregistered Service Mark and the last one stands for Registered Trademark.

Necessities of Trademark registration

It is illegal to use the trademark of others without prior authorization. In such case, the owner of the trademark may approach the court of law for the legal proceedings, which may lead to punishments. Having unregistered trademark allows the owner to restrict the other’s use of the trademark within stipulated the geographical area of his products or services.

Trademarks registration provides exclusive rights over the trademark in relation to the goods and services. Albeit, the registration of trademarks is not mandatory, to run a business or market a product, services etc, but, certainly essential to possess rights over your products or intellectual properties in the event of legal infringement.   

Who can register?

In India any one can apply for a trademark registration, under the purview of Indian government and its provinces, whose business is based on Indian laws and geographical area. If the business is yet to be started, anyone in favor of the company can apply for this for the subsequent registration processes.   

The benefits of registration are

• The identification of a product from its origin
• Ensures the ever best quality
• Easy to advertise a product
• It creates good image and perception on a product