A Trademark is a recognizable sign, design or expression which distinguishes the products or services of a particular brand from others. It is used to identify the owner of the business and establishes the reputation of the business in the market. The trademark owner can be proprietorship, partnership, LLP or Company.

Trademark

Types of Trademark

A Trademark may be designated by the following symbols:

  • ™(the “trademark symbol“) which is the letters “TM” in superscript, for an unregistered trademark, a mark used to promote or brand goods.
  • ®(the letter “R”) surrounded by a circle, for a registered trademark.

Rights of Trademark Owners

The rights of the Trademark Owners are as follows:-

  • The holder of a Trademark can prevent any Third party from using an identical or deceptively facsimile trademark. If anybody does, then the proceedings under the common law can be initiated. The claimant may obtain either damages or an account of profits.
  • The holder of the Trademark can exclusively use the Trademark to be printed on the products and other things being manufactured by them.

Tenure of Trademark

In India, the term of the protection for a Trademark is 10 years from the date of application, renewable every 10 years on payment of the requisite fee.

Benefits of Trademark

Legal Protection

A registered Trademark gives its owner the right to exclusively use the brand name. No other person without the permission of the owner can use the trademark for his / her benefits. If anybody uses the trademark without the permission of its owner, then they have to face the legal consequences for the same.

Creation the Brand value and intangible asset

The registered Trademark creates the brand value of the business of which the trademark has been registered. It also creates the good will of the company which can be sold, transferred, legally assigned for the benefit of the legal owner of the trademark.

Documents required for registering a Trademark

  • PAN card and AADHAR card of the Applicant

  • In case of Corporate entity, Certificate of Incorporation is required for Identity proof.

  • Brand name and logo to be applied

  • User affidavit in case of specific user date

  • MSME registration certificate

  • Signed TM 48 in case the application is to be filed by the legal attorney