What does a trademark protect?
A trademark protects a good or service a company offers from infringement or damage to its reputation by another company. With a trademark, you have the legal ability to sue another company that uses your likeness to promote its business activities. This includes both registered and unregistered trademarks.
In short, a trademark is a word, phrase, symbol, design, or combination that helps consumers identify a particular product. A service mark is the same but refers to a service instead of goods. Both brands are protected after use. This includes both registered and unregistered trademarks.
Trademarks also protect four categories, including:
Generic trademarks
Descriptive trademarks
Suggestive trademarks
Arbitrary Trademarks or Fictitious Trademarks
Once you’ve decided on a name or symbol, it’s important to find out if any other brands are using your intended trademark at an international, National, regional or local level.
Trademark protection by use vs trademark protection by registration
Even if you haven’t trademarked your symbol through the Patent and Trademark Registry, it’s still protected. This is referred to as a “common law” trademark. It works well for small geographic areas. This doesn’t work so well in a local environment, as companies far and wide may have similar names or logos. If you have not registered the trademark, you can still use the trademark, but you can’t file a suit for infringement.
Disputes may arise based on the TM logo. However, it is a good starting point until you have time to register your trademark with the Trademark Registry.
Although trademark protection by use gives you protection through common law, trademarking by registration offers more protection. It includes:
Notice to the public about the trademark
Exclusive right to use the trademark nationwide to distribute goods and services
Option to sue in court for infringement
Ability to obtain a trademark in foreign countries
Ability to file a claim with Customs to prevent counterfeit goods from entering the country
Why is a trademark important?
Before dealing with the issue of trademark protection, it is important to separate a trademark from a trading name. Although the trade name is used interchangeably under false pretences, it is only a trading name. A trademark goes beyond identifying a particular company’s brand. However, a company like McDonald’s is both a business name and a trademark.
Because a trademark offers protection against infringement, it is important to have an easily identifiable mark. Not only does it define your business, but it also provides long-term value and builds brand awareness. The more specific and iconic your trademark is, the better it is. A vague name or logo is not only a poor marketing tool but may not be eligible for a trademark.
Why you should consider a trademark
You should consider filing for registration with the Trademark Registry to protect your business. This protects your business and gives you an advantage in legal situations. Filing as soon as possible also gives you a legitimate claim to the trademark before anyone else. Remember that “TM” is a trademark used for goods, while “SM” is a trademark for services.
You should also take care to protect your trademark by following these steps:
Be aware of other companies using your trademark.
Don’t turn your company name or trademark into a verb.
When in doubt, register your trademark.
Use TM or SM to show others that you are entitled to the name.
Make your logo stand out from the crowd with bold styles or fonts.
Always use a descriptive word for your trademark rather than a generic one.
This will make your company more identifiable. Here are some steps to trademarking a descriptive word or words:
Stylize the trademark and never deviate from its style.
Send cease and desist letters to companies trying to steal your trademark.
Another interesting part of trademarks is that they help in the recruitment process. Brands still have positive feelings and a sense of belonging in employees and make work more attractive. This makes it easier to find loyal workers for your business. Employee retention also has a positive effect.
When it comes to business, trademarks are inexpensive ways to help your business. The trademark costs only INR 4500 plus legal fee . After 10 years, you only have to renew for a few hundred Rupees each time. After five years, you can also apply to have your trademark declared unchallenged. Once your trademark is undisputed, it is difficult for other companies to defend against you in court.
FAQs
Can two companies use the same trademark?
Yes and no. If one business has a trademark and another business in the same industry uses it, it is trademark infringement. However, two separate firms in different industries can use the same trademark because it is not confusing to consumers.
What laws protect my trademark?
Once you start using an identifiable trademark, you are protected by common laws. Once you register,you are protected by the Trade Mark Act 1999
Is my Indian trademark valid overseas?
Indian law cannot protect your name in other countries. To obtain a trademark, you must apply in each country where you do business. Foreigners can apply for an Indian trademark, but if they are not present, they need an agent to handle the correspondence.
Once I apply for a trademark, how long does it take?
Once you apply for trademark registration, securing final registration takes 6 to 11 months without any objection or opposition. During this time, please continue to use the TM brand to avoid problems with competitors.