What are the Benefits of having a Trademark for your own Brand?

Trademark is a term used for any word, symbol, logo, design etc which is used by the companies to make their product different from the others. Having a Trademark simply creates a distinctive identity for a brand. And therefore there are many benefits of having a trademark for your brand.

To have the benefits of Trademark, it is important to get your mark registered with the Trademarks office.

Hence, this write-up will give an informative detail on the process of registration and the benefits of having a trademark for a brand.

What is the purpose to have a trademark?

Trademark is one of the areas which are covered under the Intellectual Property Rights. Therefore, it is protected under its laws and rules. Trademark gives a protection to a certain brand in a way that it helps people to perceive the product or the service. Having a trademark helps a company to prevent the others to even use any mark which is identical to the mark already registered. Only after the permission of the registered mark holder, any other person can use the similar mark.

It serves a protection to the brand, and gives an identity to it. Any activity by any other person resulting into the infringement of the already registered mark shall be liable to punishment and penalties under the Trademarks Act, 1999.

What are the types of Trademark?

There are various different types of marks which can be used for a brand which helps to get the benefits of having a trademark for it. Such as:

Product Mark

It is a mark which is related to a product or goods, however not to services. This mark is similar to a trademark. This means that this mark helps the manufacturer of the goods to distinguish his goods from the others as the source of the product is identified under this mark. Example- Nestle, Amul.

Service Mark

It is a mark related to the services instead of the products or goods. That is, this mark distinguishes and identifies the source of service. The services that are offered by the companies under its products are the service mark.

Collective Mark

It is a mark that is used by the various companies collectively. It means that the group of companies are using a collective mark and it can be protected by the group collectively. Such owners of this mark may be a public institution, can be cooperation or an association.  The purpose of the collective mark is to notify the public about the features of the products for which specifically the collective mark has been used.

Certification Mark

It is a mark which consists a sign which indicates that the goods or services duly certified by the owner of the sign in terms of quality, origin, material or any other characteristics. It is not similar to standard trademark that performs the function to differentiate the goods or services that is originated or developed from a single company. It simply means that this is the mark which is used to define the standards of the product. It assures and guarantees the consumers that the product has a certain prescribed standard.

Shape Marks

The Trademark Act requires the companies to specify the shape of the goods, the packaging where possible to graphically represent the shape very clearly. By this, it helps to differentiate the goods sold by one manufacturer from the other. Simply, it means that a graphical representation which helps to distinguish the products can be a shape mark. Example-: the shape of the coca cola bottle or the kit-Kat chocolate.

Pattern Mark

The marks consisting of a pattern which is capable of distinguishing a product from the rest of the products is called a pattern mark. The goods having uniqueness, the distinctive identity due to a certain pattern making it easy to identify the product is a patter mark.

The method of creating a uniqueness of the pattern mark is as same like any other type of mark. The pattern marks which are not able to create a distinctive or distinguishable character become objectionable as they fail to establish an identity of such trade source. Therefore it is necessary for the Pattern mark to create a distinguishable identity in a product.

Sound Mark

Many a times, when people hear a sound in the advertisement, it becomes familiar to the people and they immediately identify that sound of the product it is related to. A sound which helps to create a uniqueness to a certain product and which helps to identify the origin of the product or service by the people can be registered as a Sound Mark under the Trademarks Act. For example: – The roar of a lion in the MGM’S advertisement. 

Registration of Trademark

For having the benefits of trademark, it is important for the company to get its mark registered with the Trademarks office. An application for the registration of the Trademark along with the necessary documents and the affidavit is submitted by the applicant to register his mark. The registration of the mark is done within a period of 1 to 2 years after the filing of the application. 

Once the procedure begins, the application moves forward to the Trademark examination officer assigned by the Trademark registry to examine it. The examination officer upon the satisfaction will send an examination report for allowing the application to publish it in the Indian Trademark Journal. After the publication, if no opposition is raised by anyone within a period of 3 months from the date of the publication, the application shall be sent for approval to the registrar of the office and a Certificate of registration is issued to the registered trademark holder.

Who can file a Trademark Registration?

The applicant of the trademark application can file a trademark registration by himself. He can also appoint an agent who can file on the behalf of the applicant. Such registration can be done either on online website of the Indian Trademarks Office or in person or post.

What are the documents required for filing a trademark registration?

Some of the documents which are necessary for the purpose of registration are:

• The copy of the Trademark or the logo.
• All the necessary details of the applicant, such as: the name, address, nationality.
• Details of the company: the state of incorporation.
• The goods or the services which are needed to be registered.
• If any trademark which has already been issued, specification of the use of such trademark.
• The Power of Attorney that is to be signed by the applicant.

Also, Read: How to Choose Correct Trademark Class for Trademark Registration in India

Trademark Objection

During the procedure of the trademark registration, if the examination officer is not satisfied with the application, he may raise an objection to register the application under Section 9 and 11 of the Act and send an examination report specifying various grounds for the trademark objection. A Refusal order shall be sent through notice to the applicant where the applicant is required to reply to the order within a period of 30 days.

The reply consists of the reasons given by the applicant as to why his trademark must be accepted for registration and how it has a distinctive identity from the other products.  The failure to provide a reply by the applicant shall result into the abandonment of the application.

Time Period of Registered Trademark

The certificate of registration is valid for a period of 10 years and can be renewed or extended for another 10 years on the payment of prescribed trademark renewal fees.

What are the Benefits of having a trademark for your own brand?

Some of the benefits of having a trademark are:

Absolute Rights

The Trademark registered holder enjoys the absolute rights over the trademark. Such registered mark can be used by him for all the goods or products coming under the applied classes. No person can make an unauthorized use of the registered trademark and he can take a legal action against any person using it without his consent.

Goodwill in the Market

A registered trademark for your brand helps to create a reputation and goodwill in the market as the customers are able to put their trust upon the quality that is being offered to them by the seller. This helps in creating loyal and permanent customers who would always choose the similar brand.

Distinctive Identity

One benefit of having a trademark for your brand is that it helps you to easily create a distinctive identity for your product in the market. Not only does is symbolises the quality and other features of your product but the customers are able to easily identify your brand from the rest. The brand is more like to get the attention and the distinctive identity is what makes a brand a unique one.

Recognition given to the Quality of the product

Trademark Registration benefits your brand by giving recognition to the quality of the product. The customers directly link the quality of the product with the brand name and thus, when the mark is registered it automatically creates a sense of belief for the customers that the quality of the product is good as compared to the rest of the brands.

Asset Creation

Getting a trademark registered makes such mark an intangible asset which comes under the protection of the Intellectual property rights. The Organisations have a right to sell it, assign it, franchise or to come into a commercial contract with such Asset.  It gives many advantages to the organisation from such asset creation.

Advantage of using ® Symbol

Once the mark is registered, the registered holder gets the right to use the ® Symbol for the brand logo. This means that such symbol denotes that the brand is registered and no person can use the same mark.

Protection In case of Infringement

No other person has a right to use the mark which has already been registered under the name of a registered holder. If any person uses the same mark without the consent of the registered holder, it shall result into the infringement and the registered holder can take a legal action against him for the same. The infringement caused by any person shall be held liable for punishment and penalties under the Trademarks Act. 

Less expensive and 10 years of protection

Once the Trademark is registered, only a renewal fee and the maintenance fee has to be paid, which is after 10 years of the registration. Therefore the expenses are very less for registering a trademark.

Global Trademark Registration

The trademark registration done in India can provide a good and helpful basis for any person who wishes to expand their brand outside India. 

Conclusion

It is always important for every company who decides to introduce a brand, to think how to protect their brand from the others. There are many benefits of having a trademark for your own brand. It not only helps the company to secure their brand but also prevents it from any infringement. It provides them with many rights that can be enjoyed by them under the rules of the Trademark act. Therefore, registration of a brand is a must to ensure that your brand is well promoted and comes into the notice of the people with the help of a trademark.

Even the huge companies like Siemens, Samsung, Apple etc have got their brands protected by registering their trademark. The benefits of having a trademark is that, it not only protects a companies’ brand but also provide asset and builds goodwill for them in the market. The registered holder has a right to sell, assign or license the trademark. It provides a guarantee that a brand assures a quality and in return the customers can without a doubt trust a brand. It hence, becomes a brand which creates its own reputation in the market.

The Indian Trademarks Act, 1999^[1] lays down all the rules and regulations which are needed to be followed for the purpose of registration, infringement of a brand. It is necessary for every person who files an application for the registration of a trademark to follow all the rules in accordance with the act.

Also, Read: Who has the right to own Trademark: Promoter or Company?