The contemporary business of 21st century cannot work without intellectual property. Intellectual property is a combination of trademark, copyright, design, patent, and many more. It can set guidelines towards healthy competition in the market; consequently, the traders and manufacturer can evolve their product.
A trademark is a symbol, word, name or combination of all three. It is the key feature of establishing a brand value and defines the rights of the company. Your logo tells the customer who you are which forms the trust between the consumer and the manufacturer. Companies or business that undergo trademark registration target identifying the origin of their products.
Registering the trademark equips the owner with protection by providing exclusive rights which identifies the goods or services. It is a weapon in the hands of the registered owner of the trademark to terminate other traders from illegal use of the logo or mark of the registered proprietor.
Under section 28 of Trademark Registration Act, the owner is granted the right of exclusivity to use the mark for the goods and will be granted relief if the right is violated in any sense.
Trademark infringement action enforces the exclusive right on registered trademarks but an unregistered trademark can be enforced by common law. Infringement means violation and breach of other’s right. According to the trademark act, a trademark is said to be infringed by a person or a company when he/she uses the registered trademark as part of his trade name or his business name which is dealing in services or goods with respect to a registered trademark.
It is imperative to note that, the need for trademark public search arises to maintained special or exclusive rights. These rights cover certain services and products including the signature itself. Wherever the trademark objections are present, the rights are executed. There are different classes and categories in which trademarks are placed.
According to International classification of goods and services, trademarks are placed into 45 classes. Goods are placed in 1-34 classes while 35-45 classes cover services. The class system helps to limit and specify any expansion to the rights of intellectual property. Along with the unification of all the classification systems around the globe, it also determines services and goods covered by the mark.
Applying for trademarks
If you wish to apply for trademarks for multiple countries, one way is to reach out to each country’s trademark registering office. A second and easy way is to go for a single application system that facilitates you in applying for an international trademark. The single application also safeguards your intellectual rights in several countries and you end up paying really less as compared to multiple application systems. It also saves you from all the trouble of going to each office and applying individually.
A trademark is one of the most substantial assets for any successful company or organization. Registering your trademark can empower you in getting required protection for your goods and services. Neglecting to register for a trademark will leave you at the mercy of your contender.
Author: Katyayani Singh