The contemporary business of the 21st century cannot work without intellectual property. Intellectual property is an amalgamation of trademark, design, patent, copyright, and many more. It sets guidelines towards healthy race in the market; ergo, the traders and manufacturer can successfully evolve their product.
A trademark is described as a symbol, name, word or combination of all three. It is the key to installing a brand value and defines the rights of the company. The logo speaks to the customer who you are which creates the trust between the consumer and the manufacturer. Companies or business that undergo trademark registration target identifying the source of their products.
Trade and Merchandise mark act were passed as it provides better protection and registration of trademarks and forestalls fraudulent activities on merchandise.
Registering the trademark equips the owner with protection by administering exclusive rights which identifies the goods or services. It is a weapon in the hands of the registered owner of the trademark to terminate other traders from illegal use of the logo or mark of the registered proprietor. Under section 28 of the Trademark Registration Act, the owner is granted the right of exclusivity to use the mark for the goods and will be granted relief if the right is violated in any sense.
Trademark infringement action enforces the exclusive right of registered trademarks, but the common law can enforce an unregistered trademark. Infringement means violation and breach of other’s right.
To be registered, the mark should not match with any other trademark registered for the same goods or not. Searching for your desired mark can be tough as well. According to 2016 data, almost 1 million trademarks were registered in the year. According to the Government regulations, your trademark should not be similar to any other mark registered with them. Trademark public search is an important step as; you can end up getting rejected after applying.
It is imperative to note that, the need for trademark registration rights arises to maintain exclusive rights. Wherever the trademark objections are present, the rights are executed. There are different classes in which trademarks are placed.
According to the International classification of goods and services, trademarks are classified into 45 classes. Goods are placed in 1-34 classes while 35-45 classes cover services. Along with the unification of all the classification systems around the globe, it also determines the number of services and goods covered by the mark.
Applying for trademarks
If you wish to apply for trademarks for multiple countries, one way is to reach out to each country’s trademark registering office. A second and easy way is to go for a single application system that facilitates you in applying for an international trademark. The single application also safeguards your intellectual rights in several countries, and you end up paying less as compared to multiple application systems. It also saves you from all the trouble of going to each office and applying individually. In case you have an idea which can be used in future to produce high-quality workable results, you need to undergo provisional patent registration to take the sweet spot as an early bird filing date.
A trademark is one of the most substantial assets for any successful company or organization. Registering your trademark can empower you in getting required protection for your goods and services. Failing to register for a trademark will leave you at the mercy of your contender.