Understanding the concept of trademark and its salient features | Best Commercial law firm in Kolkata
When we consider a product, the brand and seller come to mind automatically. Even the distinctive logos, jingles, and color schemes used on the product packaging stick in our minds. The trademark of a product refers to the signs, symbols, logos, and jingles that give it its distinctive identity. An intellectual property that has grown remarkably important is the trademark. The value of a trademark and the rights granted to its owner upon registration are now widely understood by both product owners and manufacturers. There are various sorts of trademarks in India that, once registered, grant the owner legal rights and protection. This article will help you understand the importance of trademark for your company
Describe a trademark.
It is a mark that effectively aids in identifying a product by setting it apart from other products and services in the same category. When there is market competition, it helps to identify the product. A trademark is defined by Section 2(zb) of the Trademark Act of 1999 as “a mark capable of graphical representation and which is capable of distinguishing goods and services owned by one person from those of others in the market.” This definition includes the appearance of goods, their color scheme, and their packaging. The trademark’s main purpose is to distinguish itself from other brands belonging to the same product and service class. Let us understand the importance of a trademark for your company.
Different trademark categories
A product’s mark
It is a mark only used on commodities or products, not services. The product’s provider, reputation, and provenance are all shown by the product mark. Product marks are commonly used to describe trademark applications made under class 1-34 of The Fourth Schedule To Trade Marks Rules, 2002.
The service mark
Although it is used to identify a service and not a product precisely, it is comparable to a product mark. Service marks are applications for trademarks submitted under classes 35–45 of The Fourth Schedule To Trade Marks Rules, 2002.
A word mark
Typically, a wordmark or a device mark is used to file a trademark. A wordmark represents a brand when no other stylized or decorative components are present. LITTLE HEARTS and COCA-COLA are a couple of examples of registered work marks.
In addition to the wordmark component, a device mark typically includes an aesthetic component like symbols or an artistic or graphical depiction. Typically, it includes a wordmark along with several creative components. Depending on the device mark, such components may include both trademarkable and non-trademarkable features. Such a mark protects the registered composite mark, but not the individual components.
The owner often uses these marks to authenticate the origin, composition, caliber, method of production, or delivery of services, among other qualities of the items or services to which they are applied. Some examples of approved marks are the AGMARK, issued by the Director of Marketing and Inspection of the Government of India, and the ISI Mark, issued by the Bureau of Indian Standards (BIS).
A group of trademarks
This one is unusual compared to the trademarks we have already looked at. An organization or association of members will often use this sort of mark to set its products or services apart from those provided by non-members.
Such trademarks may be registered as series trademarks when an owner has many trademarks in relation to the same or similar items, all of which appear to share a substantial similarity and differ only in terms of non-distinctive character.
The words “mix of colors” are protected as a trademark because they are included in the Trademark Act of 1999’s definition of a trademark. To be registered as a color mark, however, a color combination must be distinct, one-of-a-kind, and clearly identify the product and its source.
A few trademarks of this type that have been registered have been given international registration. However, in India, a mark must be able to be visually depicted in order to be considered a trademark. The public ought to be able to recognize and identify such a depiction. Additionally, registration cannot be given for a functioning scent.
In addition, a fragrance that is functional or descriptive is also ineligible for registration.
Importance of several trademark kinds
Before applying for a trademark, it’s critical to comprehend how each trademark differs from the others. To begin with, a mark must be distinctive and unique to qualify for legal protection under the Trademark Act of 1999. If your trademark appears to be similar to those already on the market, consider changing it so it can be registered. It is essential to understand the importance of a trademark for your company.
Because a trademark gives a thing its identity, its distinctiveness is crucial. Before the regulation of the rules concerning trademarks, there needed to be more certainty and understanding in the market.
Before registering a trademark, it is crucial to understand the level of protection it offers the owner. The reason is that each one of them involves particular components and requirements. A trademark is a valuable weapon that a proprietor can utilize to monetize his trademark and merchandise. Additionally, trademarks serve as a barrier between registered trademark owners and other market competitors. Last but not least, a trademark serves as a tool that allows the owner to employ the legal recourse provided to him to combat trademark infringement. It is essential to understand the importance of a trademark for your company. As a result, prior to registration, a trademark’s kinds must be given the highest consideration.