Trademark Law
The symbol that represents your business is called a trademark. People can quickly determine the purpose of your business when they see your trademark, also known as your brand name. A trademark can be used as a corporate marketing strategy. A trademark serves as a symbol of the business's dedication to upholding its integrity, and reputation, and helping customers make judgments about what to buy.
Types of Trademark
- Word Mark: consists of written words, letters, or digits.
- Device mark: this consists of any label, sticker, logo, monogram, or other geometric shape that isn’t a word mark.
- Color: When the uniqueness is asserted by a color scheme with or without a device.
- Three-dimensional trademarks: these comprise an item’s form or packaging.
- Audio: consists of sound, and musical notes with or without words.
What can you register as per the Trademark Law?
| NAME | EXAMPLE |
|---|---|
| Product Name | Like iPod, Hi-liter, Band-Aid |
| Business Name | Like Bajaj, Tata, Maruti |
| Person Name | Like Sachin Tendulkar, Shah Rukh Khan |
| Abbreviations | Like BMW, LG, HP |
| Logo/Symbol | Like Apple, Nike, Adidas |
| Tagline | Like Nike’s ‘Just Do It’, McDonald’s ‘I’m Lovin’ It’ |
| Color Mark | Like Cadbury has a trademark of purple color |
| Sound Mark | Like the Corporate jingle music of the ICICI bank |
Eligibility Criteria
For goods/services to be legally classified as Trademark, they need to pass the following conditions under the trademark law:
- Distinctiveness: The products and services that need to be protected need to be sufficiently different from one another to qualify as trademarks. In the target market, it must be possible to pinpoint the source of products or services.
- Descriptiveness: The goods or services in question should not be described by the trademark. It is unlikely that descriptive marks will be shielded by trademark law. Descriptive terms, however, may be registered if they take on a “secondary meaning.” For example, the international corporation that manufactures electronic devices under the name “Apple” is based in the United States.
- Similarity to previous marks: The mark needs to be distinct and not have any resemblance to previously issued marks.
Who can apply for a Trademark?
An application for trademark registration may be submitted by any owner of the trademark. Two or more applicants may file for the mark jointly, although supporting documentation is required in that case. An association or group may apply for a collective mark, which its members may use. The ‘Reliance’ emblem is the best illustration of this mark since it denotes all items that are a part of the company.
Conclusion
If summed up, Trademark is a symbol that can be used to distinguish your goods and services from other goods and services in the market. It is a tool that helps to make your product safe and secure. In case of any dispute about trademark misuse or ill usage, we can move directly to the court (only if the trademark is registered).
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