Trademark & Registration

Trademark registration

Trademark is the security provided to a company name, logo, or any portion that is registered. This is the legal claim of ownership. The company uses a trademark to protect the future value of the company. Any unique sign or word, a symbol can be a trademark, and once that particular word or sign, a symbol is used no other party can use it in the future without the approval of the trademark owner. These trademark words or symbols represent a company’s product or service which is why ‘Brand’ is legally called ‘Trademark’. Trademark markets itself that is why while choosing a trademark, a distinctive name should be preferred but memorable enough to be accepted by the customer.

Sign of trademark

Three types of sign are widely used to alert others that it is under the protection of trademark. There are as below:

• Using ‘TM’ beside any logo or name, products or any other things that are the property of that certain company means that the company has registered a trademark on that very thing. There is no need to formally apply for this sign. One who has a trademark can put this sign anytime.
• M this sign means that trademarks have claimed with registration. This sign is officially provided by the trademark authority.
• SM this sign is used by those companies who provide service to the customers called service mark sign.

Type of trademarks

Trademarks are claiming on something own by a company or organization. Before registering a trademark, a company should know what type of trademark registration he going to do. Five types of trademarks are followed everywhere. They are as follows:

• Generic Marks:

  This is the mark everyone uses. These are something one cannot claim on. It is the usual word or symbol that everyone uses and claiming a trademark on this usual word will not be justifiable. Such as computer is electronics. Trademarking on the computer is not possible.

• Descriptive marks:

  This is the mark which not only protects the product but also gives a hint about the product characteristics and nature.

• Suggestive marks:

  This mark suggests the quality or attributes of the product. This mark shows the strength of the product and market value.

• Arbitrary mark:

  This type of mark is similar to a known word but the product/service is not related to what it means.

• Fancy mark:

  These are the word or symbol that have no meaning at all and is invented by the company. This is the most protected trademark but the company might find it hard to market it afterward.

Benefits of trademark registration

Trademark gives a company branding to the outer world. It gives the company a right to monopoly with the company’s certain registered portion allowing the company to prevent unauthorized use or theft of its marked portion. Anyone trying infringement with marked products might face a legal suit. A detailed benefit of having a registered trademark is given below:

• Exclusive right:

  Trademark provides a right only the registered owner can enjoy. One who registered can use the same name on all products, sub-products without infringement to the other party.

• Trust:

  Trademark over a product creates good faith toward the company products. Everyone knows this trademark with trust and the company earns loyal customers.

• Product distinction:

  Trademark provides a uniqueness to the product. Customer while choosing can easily distinct the company product from other just by trademark.

• Good marketing:

  Trademarked logo or name works as a marketing tool. The logo or name can preach uniqueness, product quality.

• Branding:

  Trademark brands company attributes and product value creating a deep impression towards the customer to attract even more to the brand.

• Protection:

  No competitor can overthrow a company name, logo, or product just by claiming it. If anyone tries to use it without approval the trademark owner can sue and take action under legal protection.

• Job demand:

  Powerful trademarks not only attract customers but also inspire people to join their company. This helps to reduce recruitment costs and management.

Process of registering a trademark

Registering process is easy to file a trademark. Since trademarks are the ownership claim and protect the rights of a company it is better to register a trademark as soon as possible. Steps to be followed to the process are shown below:

• Search for infringement: before filing it has to be made sure that the trademark about to be entered has not been taken by someone else.

• Application: An application is necessary to be filed to appeal a trademark with a specimen.

• Filing: Application prepared can be filed online and monitored from thereby.

• Showdown: After approval, the application will be on notice for anyone to oppose the trademark for 30days. If no one comes in trademark is then final and ready to use.