Characteristics of trademark
Trademarks are like people’s names. It can be a word, number, logo, image, signature, shape of the article, etc., or a combination of any or all of the above. They help the customer to identify the manufacturer or service provider of the goods / services. Hence, they are commonly referred to as brand names. Characteristics of Trademark – Trademark Registration in Salem is what we are going to be discussed in this article.
Characteristics of good trademark
- It is registered under law
- A trademark can be adopted under law by any firm, person or seller only
- All the trademarks are brands
- Trademarks differentiate from other brands
- In legal point of view the trademark and brand both are different.
- It should always be appurtenant to the commercial activity
- The trademarks are adopted through prior use or adoption
- It garners competitive advantages
- Trademarks protect public from unscrupulous vendors
- It protects the prior user’s goodwill
- Preferably it should be an invented word
- It must be easy to spell and write
- It must be easy to pronounce
- It should be distinctive
Anyone who claims to be a trademark owner, company, owner or legal entity can apply. The application for the trademark can be filed in a few days and one can start using the “TM” symbol. And the time required to complete the trademark registry formalities is 8 to 24 months. Once the trademark has been registered and a registration certificate has been issued one can use the (registered symbol) next to the trademark. The trademark is valid for 10 years from the date of filing after trademark registration, which is renewed from time to time.
Functions of trademarks
- Identifying the origin or source of goods and services and distinguishing them from similar products or services of other companies facilitates the choice that the consumer must make when purchasing certain products or using certain services.
- To indicate that all goods with the same trademark have the same origin.
- To indicate that all goods with the same trademark are of the same quality. However, it should be understood that there is no legal obligation on the trademark owner to maintain a certain quality.
- The check is at the customer against the deterioration of quality. If a brand does not provide the quality that the customer associates with it, she will switch to another brand. However, the brand owner is committed to providing quality features as advertised according to the trade description.
- Acting as a major tool in advertising and sales of goods and services the fifth function, especially in the case of a registered trademark, has gained prominence over the years. To protect the brand owner’s commercial and business interests in the event of a trademark infringement, as well as the goodwill associated with the brand.
Since trademarks allow companies to differentiate themselves, their brand and their products from competitors. Needless to say,
Trademarks play a powerful role in a company’s branding and marketing strategies.
The reputation of the company, the image of the company, all create a trust among their clients, which establishes a loyal client base and forms the basis for the goodwill of the company.
The trademark defines the source of the product.
Sometimes, consumers form an emotional attachment to certain trademarks based on the quality of the products.
If the trademark is carefully selected and enhanced, it can become the most valuable asset of the company. Estimates of some of the world’s most famous trademarks, such as Coca-Cola or IBM, exceed 70 billion each. Trademark This is powerful because they associate trademarks, their reputation, their image and other set of features they want with the mark and are ready to buy the product according to their expectations.
Many businesses recognize the importance of these trademarks and their impact on the brand and profits, but do not need to protect them through trademark registration. It is important that to register the trademark, as this will prevent other brands from marketing identical or similar products. Without the trademark registration, the investments and profits could be greatly lost, as rival companies could use the same or confusingly similar mark and sell similar products and services.
This will not only have an impact on your company profits, but will also confuse your customers. It can also damage your company’s reputation and image, especially if the products of your rival company are of low quality.
For most businesses, the trading name and brand logo are central to any registration application. These are the words and images that people use to distinguish the goods and services provided (from its competitors) and to generate goodwill and brand recognition.
A registered trademark is an intellectual property right that the owner can exploit. Where a business owner plans to franchise a business, they may license the trademark to franchisees / licensees, taking into account the license fee.
Another example is on business sale. In negotiations for a business sale, the potential buyer needs assurances from the seller that the goodwill of the business will be protected and that the buyer will have exclusive rights to the business name and logo. If the seller fails to provide such guarantees, it will affect the amount the buyer is willing to pay for the business.
Preventing trademark infringement
If a business starts marketing and promoting their brand in violation of a registered third party trademark it can lead to costly and time consuming issues. Such issues can damage product or service development before they leave the ground. In the worst case scenario, the infringing business may be subject to prohibition measures, to completely re brand their business name and / or logo, to distribute offensive products, and to account for losses or profits.
If the trademark application is not requested, the business will still rely on goodwill on unregistered rights. The process of enforcing unregistered rights through the ‘pass off’ action requires a different test for trademark infringement actions. For example, bypassing the claimant will have to prove proof of its good faith and the possibility of damages or similar damages.