Trademark refers to a protection that is granted towards the use of your business name, brand name, tag line or your business logo. On making an application, you can use “TM” against the matter trademarked. On receiving the confirmation of registration, you can use (R).
There is a common misconception that you can protect your business name from being used by others simply by registering the name at MCA as private limited company.
Unfortunately, this is not true. By forming a new private limited company or limited liability partnership, you are only preventing other person from registering the same or with similar name. Unless your company name registered under The Trademarks Act, they may be used or misused by any other person for marketing their business or any other purpose.
What is a trade mark?
A trade mark can be a brand name, company name, logo or a combination of both. A trade mark (brand) distinguishes your goods or services from those provided by other businesses
Here are some of the reasons why trademarks and brand name registration are important.
In today’s age, Intellectual property ie Trademark, copyright, patents is the major reason why investors invest money in start-ups. Thus, IP protection is a sine qua non for any business to succeed.
Trademarks will greatly help your potential customers to easily differentiate you from others.
Trademark are valuable asset and it never expire.
If you register a trade mark, you have exclusive rights to the brand in India. This will put off competitors from attempting to use your brand for their own business or purpose, and makes it easier for the trade mark owner to take legal action should trade mark infringement have taken place.
Copyright, on the other hand, provides protection for creative work; for example, a work of art, music, or literature.
Protection under the Copyright Act extends throughout the life of the creator and for an additional period of 60 years after his or her demise.
Patents, the more popular IP of the three, is granted as a protection for an invention. Patents are granted only if the idea is new, innovative and commercially deployable.
The term of protection is 20 years. The Startup India campaign proposed an exemption of upto 80% of the patent registration fee for eligible start-ups.
How we can help you:
We Manobin Sini & Associates, chartered accountant firm in Bangalore, with the help of qualified IP Consultants, work to protect your brand and trademark in order to help you focus on your core business. We also assist in giving replay to the objected trademark applications and for renewal of registered trademark application.