Importance of Trademark Registration
By Advocate Atit Jain / 2016-05-26
Read about the difference between a registered and an unregistered Trademark, Advantages of obtaining Trademark registration, and the Trademark registration process in India

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A Trademark generally refers to a “brand” or “logo”. Trademark registration can also be obtained for a business name, distinctive catchphrases, taglines or captions.

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca-Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality. It is essential to obtain Trademark registration for the business name or logo under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

A Trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or merchants or service providers to identify their own goods and/or services. It is used to distinguish the owners’ goods or services from those of its competitors and is something that will be distinctive of just one trader. Trademarks should not be confused with trade names. While trade names can also serve as trademarks, registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

D ifference between a registered and an unregistered Trademark

A registered trademark has been approved and entered on the Trademark Register held by the Trademarks Office. Registration is proof of ownership. An unregistered trademark may also be recognized through Common Law as the property of the owner, depending on the circumstances.

Read about the difference between a registered and an unregistered Trademark, Advantages of obtaining Trademark registration, and the Trademark registration process in India

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Get connected to the Best Lawyers and Chartered Accountants Near You!


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