Trademark is a visual symbol, mainly a ‘BRAND’ or a ‘LOGO’ which may be a word, name, label or numerals used by a business entity to distinguish it goods or services from other similar goods or services; those of the competitors and to also earn royalties. Trademarks are registered under the Trademark Act, 1999 & provide the owner the right to sue for damages when infringements of trademarks happen. Registered trademark is an intangible asset of the business used to protect the company’s investment in the making of the brand or symbol. Trademarks proposed which are identical to an existing registered trademark cannot be registered.
Trademark is an essential characteristic of the business’s brand. Many international brands have the brand’s name and logo combined into one known as a Logo Composite Mark.
Also, trademarks are not registered by the trademark department if it is found offensive, deceptive, and not distinctive; etc. Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. The applicant gets a ™ within three days, but it takes up to two years to be registered to use the ® symbol.