Why should you Register Trademark?

You start the business for service offering or goods or any product and builds a Brand around it. Now questions arise, should I get it registered as Trademark or not. Here comes the solution.

 

There are various benefits for registering your Brand or Tradename as Trademark. First, lets understand the Trademark.

 

As per Trademarks Act, “Trademark” is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their\ packaging and combination of colours; and

1. in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and

 

2. in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.

 

It’s a complicated definition but let’s understand it in a easy way, so in a layman language “Trademark is a mark which differentiate your goods or services from the goods or services of any other person”. As per this definition, the main and very important feature of a Trademark is distinguishment of goods or services from competitors.

 

As we have understood what Trademark is, lets dive into its benefits:

 

1. Protection of Brand: An Entrepreneur spends years and years in building the brand which the customers can easily recognize, and it creates the faith in the mind of the customer. The brand in itself is valueless in the mind of the Entrepreneur, It drives the growth of the business. You might have various examples for it and so I will not waste time in explaining but as you know it has value and so does the protection. The Trademark is governed by The Trade Marks Act, 1999 which protects your Trademark from copying by others and gives a legal protection to the brand name.

 

2. Legal Registration: The government will not stop your business even if your Trademark is not registered but it is always advisable to get the legal registration for your brand name and as all the registered trademark are there on the website of Intellectual Property website of India, yours Trademark will also reflect there and will keep away others who wish to register the same Trademark.

 

3. Creating Asset: A registered Trademark is a asset for the business as it can be traded just like any other tangible asset and have value in itself. By time, with the growth of business the Trademark also appreciates its value.

 

4. Exclusivity: Who doesn’t want to have exclusivity of the products in business and Trademarks provide it. As the registered Trademark is given legal protection by The Trade Marks Act, 1999, it gives the exclusive rights to the owner of Trademark to use it for any way he wishes to do so.

 

The benefits are there then what is restricting you to get your Brandname or Logo registered, Is it cost? Then don’t worry its more affordable now than ever to register the Trademark. You can check our packages for the hassle free registration of your Brandname or Logo. We at Upriselegal provides top notch services with experienced professionals to guide you on each step of your business.

 

As our motto says, YOU RISE WE ASSIST!!

 

Call +91 9173512402 or email at info@upriselegal.in for further assistance.

 

Thank you,

CS Deepak Sharma

Co-Founder at Upriselegal