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Thursday, 21 Nov 2019

What is Trademark ???

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A trademark is a type of intellectual property, and typically a name, phrase word, logo, symbol, design, image and a combination of these elements. There is also a range of non-conventional trademarks containing marks, which do not fall into these normal categories. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.

Trademark registration can be done for the following:

• Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof.

• Any Slogan, Base or Punch Line, etc. which are used to highlight the products and services.

Functions of a Trademark/Brand Name:

• It identifies the goods and services and its origin or owner

• It advertises the goods and services

• It creates an image for the goods and services

• It stimulates further purchase

• It serves as a badge of loyalty and affiliation

• It may enable a consumer to make a life style or fashion statement.

Advantages/Benefits of Trademark Registration

Trademarks benefit both businesses and consumers. Trademarks allow businesses to build an identity and reputation with customers, and thereby grow or expand their business. They allow consumers to take an informed buying decision by searching out familiar brand names and avoid bad buying experiences by avoiding the brands they didn't like.

1. Confers upon the owner the exclusive right to use the brand.

2. Protects hard earned goodwill in the business.

3. Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your long built goodwill.

4. Gives your products a status of ‘Branded Goods’.

5. To obtain legal relief in respect of infringement (misuse by others) of the trade mark.

6. Power to assign (transfer) the trade mark to others for consideration.