By Registration of Trademark you can Protect your business name and logo from unauthorised usage.
Trademark is a “brand” or “logo” that you can use to recognize your item from those of your rivals. Popularly known word “Brand Name” is referred as “Trademark” in legal terms. A Trademark means any symbol, word, name, device, numerals or combination of both, which can be represented graphically can be registered as trademark. If we does not register trademark, brand name, logo, punch line etc., then an competitor cannot be stopped from confusing the public by using the same or similarly name or mark which may results in financial loss and economic value to the business in long-term. A Good Trademark shall be easy to speak and remember, despite of it should not lose its uniqueness and distinctive character. Decision of a consumer approaching for purchasing any goods or hiring services are highly influenced by the Brand Value and reputation a Brand Name holds.
A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
Trademark class is a classification and description of goods or services under which trademark apply. Trademark attorneys and examiner arrange documents and application according to the description under which trademark applied. In India around 45 different classes defined under the act.
Company name, business name or domain name will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.
Both are intellectual property protection and they protect different types of assets. A trademark protects items that help define a company brand and logo while Copyright is geared toward literary and artistic works, such as books and videos.
Trademark registrations are widely used to protect brand name or slogans or coined words that are unique to a person or entity. Trademark registration can be obtained by individuals or businesses or not-for-profit organisations. However, each of the different class of persons or entity have different requirements while filing a trademark application.
Any name including personal or surname of the applicant or predecessor in business.
An invented word or any arbitrary dictionary word or words not being directly descriptive of the character or quality of the goods or service
Letters or numerals or any combination of both
Devices, including fancy devices or symbols
Combination of colours or even a single colour also in combination with a word or device
Shape of goods or their packaging
Sound marks when represented in conventional notation or described in words by being graphically represented.
Marks constituting of 3- dimensional sign
Registration of trademark is not compulsory however the registration is prima-facie evidence of proprietorship or ownership of the trademark under registration. However in the case of unregistered trademark no suit can be instituted for infringement of mark by others. For unregistered mark, action can be brought against any person for passing off goods or services as the goods of another person or services provided by another person.