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Trademark

Updated on August 29, 2023

A trademark is a unique sign which is used to signify a business or its products. Once a trademark is registered, other organisations cannot use it, and it becomes exclusive to the registered company. If the company maintains due process and pays fees, the trademark can be retained forever. The service mark is usually designed in a way so that the brand is identified and distinguished from the other goods and services.

They are a form of intellectual property the company has authority over. And because they become the brand identity, companies spend a lot of effort and time to choose a unique mark. Protection of the brand from copycats becomes the foremost responsibility of any business. Trademarks can be of various forms such as brand name, slogan, and logos. Over time, the company name and trademark have become one identity.

Image Source: MegapixlTM

What are the signs of a trademark?

It is also fundamental to recognise that all trademarks are not registered, and it is also not mandatory to register them. Even without the registration, companies can use the mark by using “common law” rights. When using the pattern, it is recommended to adopt the designation with it. If the mark is not registered under any authority, companies can use TM for goods and SM for services. These letters indicate that the trademark is under the adaptation of the “common law” and is not to be copied elsewhere. These signs are very commonly used along with the brand mark in advertising campaigns or on the website of the business.

How to register for a trademark?

In order to register the trademarks, companies are required to apply for it to the concerned authorities. Having received the ownership confirmation, companies can retain their brand identity through their trademarks.

Image Source: MegapixlTM

 Why is trademark important?

There are various reasons why it is recommended to use a trademark for your company, be it a logo, symbol or tagline. The competition in the market is continually growing and so is the number of goods and services. The trademark is what separates your goods and services from that of others and offers safety to the brand and its reputation.

When customers see a symbol such as Apple or Adidas or other brands, they can quickly identify it with the brand without even reading its name. It is one of the most significant benefits of the trademark that the consumers promptly identify and associate with the company logo or taglines. Therefore, it is essential to register them so that other companies would not be able to use it. And if anyone does, it calls for legal repercussions.

The process of registration gives you the exclusive rights to your trademark, which helps you connect with consumers and other stakeholders in order to grow the business. Therefore, the registration of your brand identity should be a fundamental part of your marketing strategy. The exclusive rights allow you to take legal actions against those using your brand identity for other products or marketing.

Trademarks have also become a useful tool to communicate the brand identity and its purpose to the consumers—a trademark protects a brand’s reputation and protects consumers requirements.

Moreover, a trademark creates brand awareness in the larger market which helps businesses in getting brand loyal customers.