Before discussing the relationship between trademark and business, let’s see what the trademark is. Trademark is either a logo, design, symbol or word or a combination of these elements. It helps people identify the product or service of a particular business. In order to be a good trademark, it should be easy to spell, remember and recall. Trademark search has to be undertaken before filing for a trademark in order to make sure that no other such similar trademark exists. A trademark cannot similar to any other mark existing or be offensive or deceiving
Why Register Brand Name or Trademark?
Well, what if:
- Someone else is misusing your business name
- You find out later that the name of your business is actually registered with some other company
These can create a huge loss for you in terms of money, hard work, and time. So you need to seriously consider protecting your business identity, name, brand, logo etc. You can protect it only if you register your trademark for business. Any person can apply who claim to be the owner of the trademark. A person can be a proprietor, individual, company or legal entity. The application for trademark files within a few days and you can start using “TM” ( for goods) or “SM” (for services) symbol. Once your trademark is registered and registration certificate is issued, you can use the ® (Registered symbol) next to your trademark.
When trademark symbols are used it is a notification to the public of your claim of rights in a particular mark and hence it dissuades others from copying or making a illegal use of the same. In India trademark registration isn’t mandatory but always recommended to do so in order to prevent further complexities. Thus it helps save the business.
Trademark And Your Business
- Registering of a trademark gives the products of a business the status of “branded Good”.
- Trademark Registration helps us stop other businesses from applying for the same or a similar trademark. The registered trademark will be listed on Trademark journal thus when you already have a trademark registered it is most likely that other similar marks be rejected and even if they are not rejected you may even file an application within four months of its publication in Trademark Journal.
- If the trademark is already registered it will be easy for you to file a suit in case a person tries to infringe on your business by using the same or similar trademark. Registering it beforehand will any day be beneficial rather than going for a registration process when there is a need to file for a suit. A business that has earned goodwill should register its trademark to protect its hard-earned status and prevent others from infringing or dealing in its name. Having a registered trademark will also help the business to transfer the trademark to anyone for consideration. Earnings of a big brand like Mcdonalds and dominos is based on the royalty paid by the franchisees by using their brand name.
- Registered trademark will make it easy for the owner to prove in any court of law his exclusive rights over the mark and it helps to prevent infringement. Registration of the trademark gives the owner a nation-wide protection instead of rights that are restricted to specific areas or regions. Registering a trademark also protects the owners from false claims of infringement against him, he can show the proof of his registration to clear the claims.