We hear the word Trademark all the time during the formation of any business. But many of us don’t know what it means and how important it really is. In this article, I will try to explain this as easily as I can.

So What Really Is A Trademark?

A Trademark is a mark that can be represented graphically (a logo) and it is capable of distinguishing a business (that can offer goods or services) of a person from the similar goods or services of the others. This Trademark can include phrase, symbols, designs, phrases etc.

1. Who can apply for a Trademark?

The person who wants to or is using a brand name, mark or logo for commercial use can apply for a trademark. There can be a single person or a business/organization etc who can own a trademark.

2. What can you get Trademarked?

You can get trademarked about anything like a symbol, name, word, title, even your signature etc. You can also trademark any punch line, slogan etc that you use for your products.

3. Advantages Of TradeMark Registration

Following are the advantages that you have with trademark registration

  1. This protects your name and your brand name because no one else can use it without your prior consent.
  2. All the goodwill that you create in the market with your products will be protected.
  3. All your products will be sold under your brand name. This is how a big brand emerges.
  4. The consumers are more likely to purchase a branded product than a local one.
  5. You will have the exclusive right to use your trademark with any services or products that you provide/sell.
  6. If someone else copies your trademark and uses it for anything then you can legally challenge that person and get compensation for it.
  7. You can also give others permission to use your trademark for a price.

4. Validity Of A Trademark In India

The validity of a trademark is for a duration of 10 years. After completion of 10 years, you can file an application to renew it. You can file this application before 6 months from the date of expiry of the trademark.

5. When are ‘TM’ and ® symbols used

The person who has filed an application for his trademark but his registration is still pending, can use the ‘TM’ symbol with his trademark. This means that the person has an exclusive claim over it. Until the registration process is complete, this claim may or may not be valid.

Once the registration process is complete and the unique trademark is approved, the person can use the ‘®’ symbol with their trademark.

Hope this article has cleared all your doubts about Trademarks. If you still have some questions or suggestions, then please leave a comment below.

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