Trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, color combination or graphics.
In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration.
If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan, or logo, you would not be able to do so.
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Amazon, Nykaa or Swiggy. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.
You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.
You get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.
This symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you copyright protection, and others can use your logo or name in case your application gets rejected.
The C symbol stands for contents which do not have any copyright issues. The symbol is mandatory in many countries for copyright claims.
The service industry uses this symbol. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.
♦ Applicant’s name
♦ Business type
♦ Business objectives
♦ Brand/logo/slogan name
♦ Registration address