Trademark [Meaning, Features, Types, and Importance Explained]

In today’s competitive market, a business needs to establish a strong brand identity to succeed. One of the most significant ways to protect and promote your brand is through a trademark. Whether you are a start-up or an established business, if you have a trademark, you are protecting business decisions, and this has given you something to promote; thus, you are now demonstrating that you can define the limits of those who will work as competitors to you. A trademark takes many forms and may legally protect the name of a business or product, its logo, a word, a symbol, or even a sound. 

In this article, we want to clarify what a trademark is, why it is important, the different types of trademarks, the registration process, and overall assist businesses of any size.

What Is A Trademark?

A trademark is a mark that identifies and distinguishes the goods or services of one business from the goods and services of others. In other words, this could be a symbol, word, phrase, design, logo, shape, or even sound that identifies you. A trademark is like an identification card for your business.

Why is Trademark Important?

Trademarks are important because they represent your brand’s legal identity in the eyes of the law and give legal protection over your sales name, brand logo ,or slogan. Here are some important purposes it serves: 

1. Prevention of Copying: When it is registered, a trademark is a legal assurance that no one can copy or use your name, brand logo, or slogan. 
2. Builds Consumer Trust: Once a customer tries your brand a couple of times, they associate quality with your brand. A trademark brand assures the customer that they are buying from a brand that is reputable. 
3. Increased Value: A strong trademark becomes a very valuable, intangible asset. A strong trademark easily becomes one of the valuable assets to a company, which leads to increased value to investors or buyers linked to the business. 
4. Market Recognition: A trademark enables the cause for a customer to recognize your product, and the customer immediately recognizes, without the influence of someone or something. 
5. Legal Control: If it qualifies as a mark, and someone attempts to illegally duplicate the mark, the trademark gives you a legal right to take action against them.

Features Of A Good Trademark

In order to be effective, a trademark must be unique, protectable, and identifiable. An effective trademark will be:

• Unique and Distinctive: it must be unique and not similar to any trademarks that exist or have been registered.
• Non-descriptive: it cannot, in fact, describe the product. For example, you cannot call a bread product “Fresh Bread.”
• Identifiable: a trademark should be known orally and visually. This means it is a trademark that should be easy to repeat and remember.
• Non-deceptive: a mark must not mislead the trier of fact. A mark on vegetarian foods cannot look like meat or taste like meat.
• Legally Safe/Admissible, it cannot have large amounts of prohibited graphic or text associated with it, i.e., religious images, national flags, etc., to then assume you can use those (some things may not be admissible or legally used)

Types of Trademarks

Trademarks can be classified based on their indication of brand. Types of trademarks include:

• Word Marks – a trademark made up of words, letters, numbers, or some combination of these (Coca-Cola, Infosys).
• Logo/Device Marks – a trademark made up of symbols, logos or designs (Nike swoosh, Apple logo).
• Tagline/Slogan Marks – a short phrase that conveys the character, or message of that trademark (ex, “Just Do It” by Nike).
• Shape Marks – trademark protection for the shape of a product, or the shape of a container (the Coca-Cola bottle contour).
• Sound Marks – sounds associated with a trademark (the Nokia tune, the Intel jingle).
• Color Marks – color or colors associated with a trademark (Tiffany blue for Tiffanys & Co.).
• Smell Marks (Very Rare) – trademark for a smell associated with the product (a floral smell for sewing thread has been trademarked in the EU).
• Collective Marks – a mark assigned to the members of a collective group or a collective membership mark that refers to collective membership (the CA logo used by chartered accountants in India).
• Certification Marks – marks that certify the quality, character, origin or standards relating to goods and services;

Trademark vs Copyright vs Patent

Trademarks are often confused with copyrights and patents. While all three protect intellectual property, they serve different purposes.

Feature	Trademark	Copyright	Patent
Protects	Brand names, logos, symbols	Artistic & literary works	Inventions, new processes
Duration	10 years (renewable forever)	Lifetime + 60 years	20 years
Example	Nike swoosh logo	A novel, movie, or painting	New medicine formula, machine

So, if you want to protect your brand identity, you need a trademark—not a copyright or patent.

How To Register A Trademark In India?

Here is the procedures for registering a trademark in India:

• Trademark Search Timing: Before applying, the process of checking the official database will be done to ensure that the name, logo, and/or slogan is unique and is not already registered.
• Choose a Class: 45 classes imply all goods or services. Therefore, it is crucial to select the right class that accurately reflects your business activity. 
• Application Process: The application is submitted online and requires information such as the applicant’s name, the type of business, the logo or wordmark to be protected, the applicable class, and a description of the business activities. Upon submission, a unique application number for the application will be issued by the Trademark Registry. The application number is needed to track anything relating to the trademark. 
• Examination by Registrar: The Trademark Registry will review/assess the application to see if the application fits the requirements of distinctiveness and whether it applies to the trademark laws. If there is something cited that is deemed inappropriate, a refusal will issue. 
• Replying to a Refusal: If a refusal to the application is issued, a response will be requested within a reasonable time frame, and you will be expected to respond appropriately to the application with sufficient evidence to support the trademark.

Documents Required for Trademark Registration

Below is the simplified information on the documents required to register a trademark in India. 

• Identity proof for the applicant (for example, PAN, Aadhaar, passport, voter ID, driving license, etc.)
• Address proof for the applicant (for example, utility bill, passport, driving license, etc.)
• Proof of business registration (partnership deed, incorporation certificate, MSME/startup certificate if applicable)
• Trademark/logo in JPEG or PNG format.
• Signed TM-48 form authorizing an agent/attorney to file the application
• Certificate of Incorporation or Partnership Deed (if applicable)
• Business entity certificate from MSME/Startup India (optional document required to waive fee)
• Classification of goods/services description with correct class 

Note- The documents will vary based on the type of business – individual, sole proprietor, private limited companies, etc. For more clarification, please refer to Udyamita Helpline advisors@udyamitahelpline.com

Validity and Renewal of Trademark

A registered trademark is valid for 10 years. It can be renewed every 10 years indefinitely. This means a business can own its trademark forever as long as it keeps renewing it.

Benefits of Trademark Registration

The following are most of the fundamental benefits of trademark registration in your terms:

• Legal Protection:  You have exclusive rights to your mark that protect unauthorized usage when registered. You are the only one authorized to use the specific trademark name. 
• Brand Recognition:  A registered trademark provides a competitive advantage as it allows customers to recognize your goods/services. 
• Institutional Trust & Good Will:  Having a registered trademark attests to the legitimacy of your business which enhances and positively affirms customers’ perceptions of a legitimate business. Acquiring a registered mark will also enhance the value of your business by generating brand loyalty.  
• Exclusive Rights:  You can use the brand name/logo with the (® registered mark) which notes that the trademark is applied for and grants you exclusive rights to use the brand name. 
• Includes Value:  There is value associated with a trademark because it is an intangible asset possibly having some value and generating revenue based on your plans to sell it, license it, or franchise it. 
• Protection of Your Mark Nationally:  The registration provides rights to usage nationally, not only in the state, region, or city where you intend to use the mark and possible licensing.

Cost of Trademark Registration In India

In India, the process of filing for trademark registration costs about ₹4,500 to ₹10,000 (depending on the class, the fee will vary). This range is based on both the applicant’s type and how they submit the application. There could be additional professional consultants and/or professional fees. This is especially unavoidable where the trademark has been opposed or challenged at registration or as otherwise.

Conclusion

A trademark is more than just a logo; it is the identity, reputation, and trust of a business. When you trademark a mark, you are protecting its uniqueness so that you are able to protect yourself against competitor issues while improving customer experience and loyalty.

Whether you are a small business or a medium to large-sized business, learning about what a trademark is and getting a trademark for your business is important. After all, these days, a strong brand that is protected is critically important to ongoing success.

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