Most Crucial Functions Of A Trademark

The economic market is coming up with new brands and products every day. To make your goods or services get attention, the Trademark registration in India could become your most valuable marketing tool. If combined with the right branding strategy it can establish your brand, so the people will identify a certain quality and image with goods and services having your trademark.

The trademark law is one such universal law that protects you from this and secures the rights of the brand owner by preventing the dilution of the mark and secures the consumer from being culled.

Therefore, the most crucial functions of a trademark were realized to be identification, source, quality, security, and advertising.

Identification

Once registered, the trademark officially proves to be the owner’s asset, and only through registration one can acquire exclusive rights to prevent anyone from using the same or a similar mark/logo for their brand. Most famous brands are recognized by their trademark and trade dress, it becomes a standard of recognition like Cadbury is identified through its purple packaging, Colgate is directly connected with toothpaste, no matter what brand it may be. It has now become an alternative word for toothpaste. Likewise, in many such brands, the trademark is the source through which the brand is known.

Source and Quality

A registered trademark provides the consumer with the guarantee of the product’s source and confirmation of its quality. People usually associate quality with the brand, once the brand becomes popular among the consumers the demand is supposed to be increased. All the designers and big brands basically make money only because of the brand name connected with it. A saree stops being a simple saree once the name Sabyasachi is associated with it. The designer can charge whatever he wants claiming the quality standard, and people would buy and pay an exorbitant amount of money just because the outfit has the trademark of Sabyasachi on it.

Security

A trademark right is not a right or a claim against a person but is an exclusive right effective against the public. Once the trademark is registered it is applicable to anyone who comes under the jurisdiction where the trademark is registered. It gives the free right to the trademark owner to use his rights and forbids any other person from unauthorized use of his trademark or from obtaining the goodwill of the trademark. The registered trademark owner has the right to sue a person who violates any such rights and claim for damages incurred.

Advertising

Social media is one of the fastest growing and efficient modes of advertising. With the growth in the e-commerce business, the importance of online trademark registration in India has also increased. As the market is no longer bound to being local or national, the security of the brand name is of prime concern. Globalization has a dual effect on the product or service that is made accessible to the public, in a way it increases the business and the profit generation from it, but it also maximizes the possibilities of trademark infringement and dilution of the brand name due to unauthorized use. Thus, making trademark registration is a necessity for all brands and companies.

As trademark registration is so important, it is also important to know what names/ words are allowed to be protected under the trademark law as it limits the scope of protection. There are some specific words/ names that are not allowed to be registered as a Trademark, hence making it is important to check up on these before finalizing the brand name.

Conclusion

Trademark Registration in India helps in impelling a business venture or a company in many ways, it gives an exclusive right to the manufacturer to secure its brand and exclude all others from doing so. In addition to that, in case an infringement occurs the right is statutorily protected. The premise of trademark protection is that no man can sell another’s mark/ brand name under the guise that it belongs to him; the goal is to prevent the owner and the consumer in case of any confusion.