Trademarks are a form of intellectual property which represents the brand in form of letters, illustration, design etc. Section 2(1)(i)(viii)(zb) of the Trademarks Act, 1999 defines trademarks as any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings.
People often confuse the registration of a company with the registration of their mark; therefore, it is important to know that registering a company under the Companies Act, 2013 does not automatically grant you a trademark in your logo. The registration of your mark under the Trademarks Act grants you exclusivity to use your marks.
How are Trademarks an asset to the company?
Trademarks help in documenting the value of the company and their products. It builds a sense of trustworthiness in the minds of the consumers that the product they are using are not counterfeit as such marks cannot be copied by any competitor to reproduce similar products with same logo. It helps in maintaining the good-will the brand has developed amongst the people over the years.
Criteria to apply for a trademark.
- Name, address and nationality of the applicant. In case the applicant is a partnership firm, the names of all the partners are required and if the applicant is a company then the state of incorporation is required.
- A list of goods and/or services for which registration is required.
- Date of first use of the trademark in India, if it was ever used by the applicant.
- If the trademark consists of non-English words, then the translation of such words in English would be required.
- Soft copy of the trademark to be registered.
- Preliminary research of the trademark is always suggested. Whenever an applicant is applying for a trademark then in order to save time and risk of the application being rejected due to possible infringements or substantial similarity to an existing trademark due diligence is conducted. We at Talwar Advocates provide hassle-free preliminary search to streamline your trademark registration process.
Advantages of registering a Trademark.
- Builds trust among the consumers
- Creates an intangible asset to the company
- Grants exclusivity of use
- Distinguishes products/services from the other competitors
- Protection from infringement for 10 years which can be renewed by paying a small fee.
How can we help you?
- Easing out the application filing process for you.
- Hassle-free preliminary search.
- Defend or claim compensation from possible infringers/infringement.
This competitive era has brought out in the companies the most innovative ideas to divert the consumer’s attention towards their brands by using distinctive product strategies like coming up with attractive packaging color, shapes, sizes etc. This has also expanded the regime of traditional trademarks into marks which include smell, shape, sound etc., commonly known as non-conventional trademarks. The non-conventional marks are anything except the logo or the name of the product and can be registered just like a traditional trademark.
It is interesting to know that brands like ICICI bank have registered their tune, the iconic four note bell of Britannia has also been registered as a non-conventional trademark. Just as an ordinary trademark, these marks are also a way to increase the documented value of the company. For a company to register a non-conventional trademark they must produce a graphical representation or visual representation of such mark. This trend of registering for a non-conventional trademark is fairly new and an upcoming strategy of many ventures to enhance their product visibility in the market. We at TA provide the assistance required to file and register such trademarks.