what is a trademark

What is a Trademark and What Does it Protect

Trademark is a form of intellectual property that includes a sign, design, or expression. They help in identifying and separating products or services from others. Imagine having a business that has quality products and services but no brand recognition.

If consumers are not aware of it, the business will fail to grow. Trademarks come into the picture here as they help in developing brand recognition. Let’s take a detailed look at what is a trademark and what aspects of business they protect.

What is a Trademark

People often use trademark interchangeably with service mark, which identifies a particular service. We come across several trademarks in our lives every day. For example, WhatsApp, Facebook, Apple Inc., Times of India have a famous brand identity that protects their names and logos.

When any other company tries to mimic or imitate any other brand, the latter has the full right to approach the court for further infringement. Trademarks help consumers in avoiding brand confusion and protect the goodwill of businesses. It can be a cause for concern if a new company tries to cash in on the popularity of an established business.

Why it is important to Register a Trademark

Registering a trademark has several benefits. We take a look at each of them in detail.

  • National validity

Besides getting recognition in your business geography, you can get the same on a national level. It becomes useful for businesses that have ambitious plans to expand their operations online. There is an added scope of legal protection.

  • Keep your competitors away

Your business will appear in the list of registered trademarks when somebody searches for it. You will additionally receive the copyright symbol and protect your business against competitors who might look to cash into your popularity.

  • Provision for seeking monetary damages

If a company infringes upon your rights, besides challenging it in court, you can also seek monetary damages against the
culprit.

What does a Trademark Protect?

It is essential to understand that trademarks do not offer protection to all the aspects of your business. If you are in the restaurant business and have a unique recipe, the trademark law will not help you keep it with yourself. If you are into the machinery business, you need a patent law to protect the configuration of your machines. If you are in the publishing business, you need copyright to protect your content.

A trademark offers protection for the brand and not its products or services. To protect the other aspects of your business, you need relevant intellectual property rights. Also, not all aspects of your business remain eligible for trademark protection as they need to be unique.

How to get started with registering a trademark for your business

The trademark registration for your business is essential to protect your rights as a business owner. If you are looking for trademark registration in India for your business, Adhoclegal can help. To know more about our trademark registration services, contact us today.

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