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TRADEMARK IN GENERAL AND ITS IMPORTANCE

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“The ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain sense, thinking made visible.”- Saul Bass

If we were to simply state what exactly a trademark is then it would be defined as the specific and exclusive sign that is made in use to identify certain goods and services that are exclusively produced and distributed by an individual or a company. Like other intellectual property rights, TM protection aims to provide the ideas and innovations of an individual or a company a protective shield so that their work cannot be plagiarized or made use without their consent. This protection ensures that the individual and the company who owns the trademark have the specific and exclusive rights to determine goods and services, or to allow others to use them in return of the payment or monetary benefits.

TM protection is generally enforced by courts that have authority to stop the infringement of the same. The time period for Trademark Protection in India varies but it can be renewed upon the payment of the parallel fee. Trademark does not only protect their owner’s idea but it also provides and contributes to the progress of the enterprise worldwide by rewarding the creators with financial support and monetary benefits. Further it also facilitates international trading by allowing the creators to produce and market goods and services in the sincerest possible status.

The Mark may contain combinations of letters, numbers and words along with drawing, signs and three-dimensional features such as the shape and packaging of the goods. It may also have other non-traditional features such as holograms, smell, motion and non-visible signs which include smell, sound or taste.

Trademarks are registered by filling an application in the national or regional IP office. The application must have all the information regarding the sign filled for registration. The sign must fulfill certain conditions which are necessary so that it can be distinguished by the consumers and finally, the rights applied cannot be similar to the rights which have already been granted to another owner of the trademark.

Trademark has become an important entity in our day to day lives because they are another way of referring and indentifying the brands we use in our daily lives. There are various reasons to why they are so important to the concerned entity.

  • They play an important part while communicating the product and services to the consumers. It can easily convey the creative and sentimental dimension of the products existence along with providing the company’s name, reputation and services. For an example, The Nike “swoosh” design is recognized globally regardless of the native languages.
  • Trademarks make it easy for the consumers to find the creators of the goods and services. They capture the attention of the customer and make your product stand out in the pool of crowded marketplace resulting in a great reputation.
  • Trademarks are not only protective shields but are also valuable assets in the market. It is based on the principle the more your business reputation widens, the more valuable your brand will be. It allows the business for expansion from one industry to another by providing value beyond the core business.
  • Itcan be a bargain to obtain and maintain because government filing and maintenance fees tend to be much lower and reasonable than the fess of other intellectual property rights.

Overall trademark protects the creators and provide the customers with an insight before purchasing the product and widens economic sector by booming the business from industry to industry all based on whether the products specific and exclusive characteristics and quality as indicated by its unique trademark meet the needs of the marketplace and the consumers. For an Apt Legal Advice of Trademark Registration contact Company Vakil, their Experts are always there to help you protect your Intellectual Property.