The Necessity, Importance, and Advantage of Registering a Trademark

The Necessity, Importance, and Advantage of Registering a Trademark

A trademark is a type of intellectual property. The term Industrial Property includes patents, trademarks, industrial designs, and geographic indications of source. Copyright protection is granted to protect literary, artistic and musical works. Intellectual property rights are generally said to be a bundle of exclusive rights granted to the lawful owner.

Trademark can be a word, device, name, symbol or any combination which is acquired by any institution or company to show the difference between their product and the products of other companies. It can also be known as the brand name. Trademark can be owned by any business organization, individual or any legal entity. Rules and regulations of trademarks are governed by The Trade Marks Act of 1999, The Trade Marks Rules of 2002, and The Trade Marks (Amendment) Rules of 2017.

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The mark must be used visually and not orally and legally, a trademark is recognized as intellectual property. It has no meaning unless it is used in relation to some goods. The life of a trademark depends on its use and continued non-use may lead to its eventual death.

The necessity and Importance of Trade Mark

A trademark is a visual symbol used in relation to any goods or services to indicate some kind of trade connection between the goods or services and the person using the mark. In order to bring it within the scope of the statutory definition, a trademark should satisfy the following essential requirements;

·       It must be a mark that is a device, brand, heading, label, ticket, name or an abbreviation of a name, signature, word, letter or numeral shape of goods, packing or combination of colors or any combination thereof.

·       It must be capable of being represented graphically.

·       It must be capable of distinguishing the goods or services of one person from those of others.

·       It must be used or proposed to be used in relation to goods or services.

·       The use must be of a printed or other visual representation of the mark.

·       In relation to services, it must be the use of the mark or availability or performance of services.

·       The use must be for the purpose of indicating the connection in the course of trade between the goods or services, and some person having the right to use the mark either as proprietor or by way of the permitted user as the case may be. It is not necessary that the person using the mark should reveal his identity.

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Trademarks perform two important market functions:

  1. They encourage the production of quality products and
  2. They reduce customer’s cost of shopping and making purchase decisions.

Trade marks play a crucial role in own free market economic system.

Importance for Quality

An important purpose underlying trademark law is the protection of the trademark owner’s investment in the quality of the mark and the quality of the goods or service, which the mark identifies. A certain amount of image differentiation also helps consumers select products of high quality and reliability. It motivates producers to maintain adequate quality standards.

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Importance for Advertising

A trademark is species of advertising, its purpose being to fix the identity of the product and the name of the producer in the minds of the people, who see the advertisement for marketing decisions. If the trademark owner succeeds in creating a favorable image for the trademark in the marketplace, the mark itself can become a significant factor in stimulating sales. The ability of a mark to generate goodwill through advertising has also gained recognition under the law of trademarks.

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Advantages of Registering a Trademark

There are many advantages of registering a trademark. Some of them are:

·       Trademarks make it easier for your customer base to find you: Trademarks distinguish your services and products from those of your competitors. This identifies you as the source and indicates a consistent level of quality of your services and products. Trademarks also increase brand awareness and goodwill.

·       Trademarks help prevent marketplace confusion: Trademarks prevent confusion as to the source of the goods and services.

·       Trademarks are economically efficient tools: Trademarks create a face value in the market among competitors. Furthermore, they give your business a monopoly over the brand name.

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