A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under the Indian law. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration. The process for trademark registration has various steps, and it is essential to hire an expert for trademark filing to ensure a seamless process.
A trademark application can be filed by any person or legal entity in India. The mark does not necessarily have to be used before applying for registration although a prior used mark improves the chances of registration. Foreign nationals and foreign entities can also file trademark applications in India and secure registration without additional requirements.
Benefits of Trademark Registration
Registering a trademark provides legal protection against misuse of any kind including infringement or copy of a company’s name or logo, which is often a company’s most valuable asset. It grants the trademark owner exclusive nationwide ownership of the mark which can be legally upheld in the courts of law in any part of the country.
Registering a trademark grants the trademark owner the right to make the mark exclusive and incontestable and use it in a variety of mediums. This will be immensely useful to prove the validity of the mark and the registrants ownership in case of any infringement by a third party.
Products/ services are identified by their logo which helps create brand value over time. A strong brand is a huge pull for new customers and an anchor for existing customers. Registering a trademark early and using it will create goodwill and generate more business for the brand owner.
A registered trademark is an intangible asset for a company as it helps generate more business and helps attract and retain customers by account of brand recognition. It also grants the business legal right to use a logo exclusively for 10 years with the choice to re-register.