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TRADEMARK: PROTECT YOUR BRAND

sandeep jain
Understanding Trademarks: Key to Brand Identity and Protection Under Trade Marks Act, 1999 A trademark is a legally registered symbol, word, or combination used to represent a company or product, governed in India by the Trade Marks Act, 1999. It can include labels, signatures, shapes, colors, sounds, and more, distinguishing one brand from another. The symbols TM, SM, and (R) denote different stages of trademark registration. Trademark protection is crucial for preventing infringement and maintaining brand identity. Companies can renew trademarks for continuous use. A registered trademark is essential for new businesses as it safeguards against criminal deception and fraudulent activities, ensuring a lasting impression on consumers. (AI Summary)

Trademark is a symbol, word, or words legally registered or established by use as representing a company or product.

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder.

Similar to intellectual property like patents and copyrights, it lasts as long as in use by trademark holder under section 8 for continuous use, Moreover, an owner can also apply for renewal under the Section 9 Application for Renewal.

3 symbols that define trademark TM, SM, ®

TM: Trademark, SM: Service mark: this mark is to inform public that they have applied for trademark registration.

®: This is when the company is granted their Registered Trademark.

Often it is a mistaken as a logo or brand name; however, a trademark can be any label, name, signature, word, letter, numerical, shape of goods, packaging, color or combination of colors, smell, sound, movement or any combination. Making sure that every company has a different trademark and it protects the brand name and logo.

Laws have been made if you try to copy the trademark of other company illegally without taking its patent rights. The company can legally sue you for trademark infringement.

Designing a trademark is pushing your limits in terms of ambiguity and abstraction. Because it’s the first thing which people see when they see products, as to know which brand, product belongs to, in short trademark has an outlasting impression on the consumer,  it is your thinking that is visible in your trademarks.

If you are getting started with your new business, then make sure you get a registered trademark for your company as it is a valuable asset as it protects the business from criminal deception and fraudulent

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