What is Trademark ?
A trademark is a legally registered, distinctive mark which helps in the representation of particular goods and services and distinguishing them from one enterprise to another. Trademarks can be in any form, it can be in the form of shape, name, symbol, slogan, color or logotype. Trademark is your representation power in the marketplace through which customers recognize you.
Trademark is a form of intellectual property that can be used for both goods and services, in the form of trademarks and service marks. Trademark differentiates and identifies goods and services from all of its other kinds, hence acting like a protective shell for the brand.
- Trademarks can be recognized easily with the help of a symbol, slogan, word or any phrase that represents a specific enterprise or brand.
- It acts as a legal protector in case of fraud or any other counterfeiting.
- Trademarks are denoted by the TM, SM, and ® symbols respectively.
Having a trademark does not mean you legally own a specific symbol, word or any phrase, you only have the right over that word or phrase the way it is associated with your goods and services. If you want to protect your trademark then you are in need of some effective trademark, and that can only be acquired by creating a strong or unique trademark.
Trademarks play an important role for a company or individuals, it guards their products and services.
Trademarks can be registered as well as unregistered. Protection rights can be enjoyed by both registered as well as unregistered individuals or brands. In USA trademarks can be identified with this ® symbol, ™ symbol denotes unregistered trademark. These symbols represent that trademark user are using common law to protect their interests.
Owned trademark vs registered trademark
The time your trademark gets linked with your goods and services you are a trademark owner. But your established trademarks are limited and can be applied to a specific geographic area, where you are operating. So if you are thinking of getting nationwide rights then, you just need to go for the registration process meaning you need to register your trademark.
It’s not essential to register your trademark, but a registered trademark has some benefits like you can get broader rights and protections. And this is the thing that is lacking in trademark ownership.
Registered trademarks are important for brands that are growing rapidly, so in order to protect the brands products and services from getting used, the owners need to go for the registration process. Registering your trademark means more rights, after successful federal registration, owners can enjoy nationwide rights in the trademark.
Trademark symbols TM, SM, and ®
A trademark is represented by a specific symbol, this symbol is a claim that your products and services are certified and the trademark is yours. There are three types of symbols: TM, SM, and ®.
Symbol TM goes with goods, SM goes with services, one can use these even before going for trademark registration. After you register your trademark and your registration process is approved, you can use symbol ® with your trademark.
Registration symbol helps a brand to standout in the market. The registered owner gets exclusive rights and control over the trademark. It helps in building trust and loyalty. It helps in developing confidence and in choosing trademarked brands over the rest. It helps in differentiating products, it can help customers to find and differentiate products. Registration symbol provides proof for products or services, and increases their value and worth.
Types of Trademark
There are various kinds of trademark, product mark, collective mark, service mark, certification mark, sound mark, shape mark and pattern mark. The purpose of every trademark is same enabling identification of goods and services.
As the name suggests, product mark is simply that mark which is used on products. This type of mark is not for services, so it can’t be used on services. It helps in the recognition of the origin of the product and maintains the brand reputation. Trademark class 1-34 comes under product mark, so application under this class are termed as a product mark.
Service mark is that mark which is used on services, product mark and service mark are similar but service mark only represent services. It differs the owners service from the owners of other services. Trademark class 35-45 comes under service mark, so application under this class are termed as a service mark.
Certification mark keeps in view the specific details, like products origin, focuses on its quality and material, which are issued by the owner. Certification mark keeps the standard of a product and can give guarantee to the buyers. It makes a product standout from the rest of the products, it also provides a different standard for products by uplifting them with different tests to maintain its quality. The products under certification mark are tested quality products. Packed items like food, toys and electronics usually have certification marks.
Shape marks focuses on the shape of a product, and protects the product shape. It helps a customer to find the product relatable and can buy the product. Only after getting recognition the shape mark of a product can be registered, like in case of Coca-Cola or in Fanta bottle.
Pattern mark refer to the pattern of products, product having some kind of specific designed patterns that distinguish the product from the rest. In order to register a pattern one need to provide the evidence of its uniqueness. Patterns also fail in case when the pattern of a product is not able to standout and hence does not serve any purpose, such patterns generally gets rejected.
Benefits of Trademark
There are numerous benefits of trademark, whether in creating a brand recognition or reputation of a brand. Trademark is the reason behind the creation of loyal customers, and establishing or enhancing the company. It acts like a decision power for the customers, and allows them to decide whether to purchase the product or not. It attracts customers and provide them a proven or tested product. Trademark keeps a customer tension free and prevent consumer confusion, providing them with quality products.
Trademark is very important in business line, it protects the products from getting used by external brands. It helps in getting loyal customer base for the company, and attracts more buyers. Trademark symbols help in differentiating the products and help us to know what each symbol is about. There are many different types of trademark which suits as per the quality of the product.
Share This Post
Trademark is your representation power in the marketplace through which customers recognise you.
Trademarks are denoted by the TM, SM, and ® symbols respectively.
Trademarks can be in any form, it can be in the form of shape, name, symbol, slogan, colour or logotype.
Registration symbol helps a brand to standout in the market, a registered owner gets exclusive rights and control over the trademark.
The products under certification mark are tested quality products, keeps in view the specific details, like products origin, focuses on its quality and material, which are issued by the owner.
More To Explore
How To Start Cement Dealership Business
Overview Growing to the business opportunities and foreign direct investment in India the need for
How to start Wow! Momo Franchise
Don’t FOMO on this WOW! MOMO Franchise How unusual is your craving for a momo?