Friday, May 4, 2018

Importance of Trademark and Its Usage In Defining Uniqueness

Trademark is something that solely belongs to you whether it may be a simple logo or a colour, a symbol, a design or anything that is used to identify a company. Trademark is a unique mark or logo by which you can make out that this particular sign belongs to that specific company. It also helps the consumer to distinguish amongst the various companies available in the market and for not getting confused about the products and services offered by the company. Trademark registration in Ahmedabad and in other cities of India is a simple yet lengthy process.

Requisites of a symbol or logo to gain the tag of a trademark

First and foremost, if the symbol that you have chosen for your company needs to enter the trademark fame, then it should be unique and distinctive. The logo should not be a copy of any other brand and should have its own originality. There are four categories in which a court divides a logo to identify its distinctive approach.

Firstly, the logo that you are using should not have a direct relationship with the product that you are associating it with, say an apple for a computer has no relationship with each other, but still it is one of the most famous brands for a computer.

Secondly, the suggestive mark which means which has some relation with the product for which the trademark is going to be used. For example, when you talk about one of the famous companies Infosys you get to have a slightest of an idea that it means information system and undoubtedly it is some company related to software.

Thirdly the descriptive aspect of the logo defines about the services you are offering and lastly the generic mark is something that is used as a synonym for the product for which you are building the trademark.

The functionality of a trademark

Trademark is a logo that is helpful in identifying a company and also helps in establishing goodwill for the company which is selling a product under its brand name.
The necessity of registering your trademark
Registration is not a mandatory task for your business, but it has added on advantages in comparison to the non-registered ones. If your mark is registered, then no other company can use it, and you can take them to the court of any of your rights are violated.

Rules for registration of trademarks

Trademark registration in Ahmedabad can be denied under two cases:

1.    Absolute grounds for refusal- in this case, the trademark is refused for filing when it is not capable of providing a distinctive approach.
2.    Relative grounds of rejection- This is the case when your trademark is carrying something similar to trademarks that are already registered and can create confusion amongst the people about the similar products.

Who can register for a trademark?

Trademark can be registered by any company or person who is running a business and wants to get their trademark solely registered for them.
Talking about the foreigners, Indian Government has regarded few countries as convention countries, and their citizens have a benefit of registering their trademarks in India. But first they need to apply in their home country, and after it is passed in their respective country, the trademark stands accepted in the Indian registry office as well.

Registration process 

For the registration process, a person or partners can apply for the trademark registration at the various registry offices situated nearby.

Protection of trademarks

The Indian government offers a tenure of protection of ten years registered under a company’s name, but if the trademark is unused continuously for a term of five years, then the trademark registration stands cancelled.

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