Generally a trademark is a symbol or sign that identifies your goods or services. It may be in the form of a label, a number, or a combination of colours for identification. You can register a trademark under the Trademarks Act of 1999.
As well as being able to distinguish your products and services from those belonging to your competitors, a trademark allows you and a third party to do the same. It is important to remember, however, that geographical names, common names, common trade words, and common abbreviations are not eligible for trademark registration.
As well as having the uniqueness of a trademark, a trademark must be easy to use, make you products more marketable, and help you establish brand recognition for your product. The owner of a trademark can enjoy several advantages and benefits from online trademark registration, including:
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Protection under the law:
Once trademarks are registered, they are considered intellectual property and therefore protected from infringement. In addition to conferring an exclusive right to use the trademark for the specified classes of goods or services, trademark registration also grants you the right to use the trademark in relation to them. You can use the symbol “TM” with your products once the trademark application has been filed. However, you can only use the symbol “R” once your trademark has been registered. It is also important to note that you may use the ® symbol only for goods or services listed in the registration certificate. If you believe that a registered trademark is being used unauthorisedly, you can file a lawsuit in the appropriate court for infringement.
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Product differentiation:
Your trademark registration will help you differentiate your product from that of your competitors. The goods or services that are represented by trademark registrations are distinctive. Furthermore, trademark registration will be valid for the entire class of goods or services so represented, so your products can be identified clearly. In this way, you can create a customer base for your product by enabling customers to identify products carrying different trademarks.
- Brand recognition:
Generally, when customers purchase products, they associate the performance, quality, features, and so on of those products with the company that manufactures them. In general, they identify the products by their logos, which are registered trademarks. The trademark registration process facilitates the recognition of your brand, as well as the creation of goodwill associated with the brand. As a result, your brand is recognized and also carries a market value over time. The brand recognition of a company invites new customers to the company while retaining existing ones.
- Creating an asset:
An asset created by trademark registration for a business enterprise is an intangible asset, which is recognized by tax authorities and accounting as an intangible asset. Trademarks are intellectual property and they carry a value associated with the products that they represent. The trademark can be sold, franchised, assigned, or exploited commercially in any way that is appropriate. There are a number of ways in which you can account for the value or cost of trademarks in your books of accounts, as well as deducting the depreciation from the cost as well as recognising the income associated with them.
- Goodwill and business valuation:
You increase the value of your business, your goodwill, and your net worth in the industry by registering and utilizing trademarks that are associated with your products. Trademarks are important to your business because they communicate your quality assurance, distinguishing features of your product, as well as your organization’s mission. In addition to helping you retain loyal customers, they also protect your business’s goodwill. Trademarks are vital to the growth of your business.
- Recognition of trademarks:
India’s trademark registrations last ten years from the date of filing an application. You need approval or trademark registration in the respective countries when using your trademark outside India or expanding your business outside of India. However, the trademark can be further renewed. You can obtain registrations outside India based on your trademark registration and business in India.
- Business expansion:
By registering your trademark, you are able to establish a connection between your customers and your products. With effective or unique products, you can build a customer base. Your trademark helps you retain and expand your customer base. Registration confers exclusive use of your trademark for 10 years and protects your revenue streams. The introduction of new products and expansion of business can benefit a business enterprise by leveraging the benefits of a customer base.
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