How Trademark Protect Your Brand Logo IdentityDecember 14, 2020 By Dinesh Parmar
For any big business enterprise or a small startup, the trademark - brand - logo is the most important part of one’s identity. There are MNCs who invest millions of dollars in crafting a trademark - brand - logo that mirrors their philosophy in a unique and creative way. Along with the well-designed product or service, the exclusively designed logo also plays a vital role in helping the organization distinctively position itself in the marketplace. Also, when a logo design is assigned to an advertising or a creative agency, the designers with years of experience put in all their time, efforts, and energy in coming up with a logo design that speaks the language of an organization with its remarkable visual appeal.
However, with the advent of the internet and the mushrooming of social media platforms, there is a large looming threat on not just the unique creative output of people but also to the different identities of the organization like a brand name, logo, tagline, packaging design, etc. In a large marketplace, with the plagiarism on rise in every sector, it has really become difficult to track the plagiarists who are always on the hunt to copy someone’s ideas, work, and words.
The creative endeavors of people and those who own it come under intellectual property rights. As per the definition given by the World Trade Organization (WTO), “Intellectual property rights are the rights given to persons over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.” It is necessary to give protection to intellectual property to encourage the creative mindsets of individuals and companies and their power of innovation. Creative talent is not just a gift to the individuals but also to the nation at large that helps the economy with unique ideas, which further benefits the entire mankind.
As per Indian laws, trademark protection is one of the intellectual property rights that offers legal protection to the intellectual assets of a business. With the rapid globalization, the flourishing trading and commercial practices, and harmonization with international trade laws, the Trademark Act, 1999 was formed.
The Trademark Act, 1999 under Section 2 (zb) defines “trademark” 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. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any such combinations.
If you are an organization or a startup that has invested a lot of time and money in getting the ingenious logo design for your business, then it is necessary to understand the nitty-gritties of trademark law, trademark registration, get the trademark protection for your business’s intellectual property. Registering your logo as a trademark is important so that your logo remains unique and you can protect it from getting it copied by your competitors. Trademarking your logo is the first step towards success. In this digital era where there are multiple goods and services, your clients will trust you when you are using a trademark and brand name for your company. Other than being a valuable asset for your company, a trademark registration will help to create a distinctive identity, it will help your company to grow leaps and bounds.
You can seek help from the expert lawyers of intellectual property rights and trademark consultant or Trademark attorney or Registered Trademark Agent for your company logo registration. They will help you to zero in the most ideal and appropriate trademarks, trade names, and service names for your business. From guiding you to choose the best trademark, these lawyers are proficient in understanding your trademark requirements, making the trademark search, online trademark filing, national or international trademark registrations, negotiations, and handling the litigations in the most competitive manner that benefits your business.
Here, given below are the 9 simple steps to follow to register a trademark your brand name and logo:
- Select your unique brand name and logo design
- Conduct an online search
- Fill-in the trademark application
- Filing for the brand name and logo registration application
- Scrutinizing your brand name and logo registration application
- Reply to Objection - Scrutiny of Trademark Office
- Appearing in Official Hearing before Trademark Office, if required
- Publication in Indian Trademark Journals
- Receiving the Trademark Registration Certificate
At Parker and Parker Co. LLP, with the help of our patent and trademark attorneys have helped many businesses to successfully establish themselves in this crowded market place with our expert trademark protection services. With us, creativity knows no bounds; we respect and motivate individuals and companies to experiment, create, and publish their finest works. Our expert legal advice is always there to offer legal protection to their innovative ideas and take them on a ride to success and fame.