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Essential and Attributes of Trademark

Essential and Attributes of Trademark

Introduction 

With the elongated use of a brand name, the products start gaining recognition and popularity among consumers. The popularity available for copying can be recognized by the end number of people. So it is wise to trademark your brand, name, or logo. It is important that the trademark used is unique and can be distinguished from other identical products. 

Trademark

The essentials and attributes of a trademark are clearly explained under the Intellectual Property Rights. It exists in form of a slogan, expression, or sign which distinguishes a business’s services and products from the participants. A trademark allows people to recognize their company with a short, symbol, name, or color combination.

The necessity of the Trademark

The trademark provides an intangible asset to your company. After your products gain popularity, there are chances of them being misused and vanishing. So it is important to have your trademark registered. Registering a trademark provides exclusive rights over its ownership and its usage. They build trust, increase your goodwill and protect the brand value. Registering a trademark can help you for achieving newer markets and hold the products over such markets.

Essentials of a Good Trademark

Trademarks provide face value to your company or the brand in the market and build a good reputation for your company. You should look for a trademark because your product is unique and reflects the quality of the products. The most important thing to note is that the trademark should be crafted in such a manner that it shall be easily differentiated from the competitor’s and should be registered to be protected.

Salient Attributes of a Trademark

  • You should consider the following attributes of a good trademark before you choose and register your trademark:

  • The trademark should be a mark that signifies the label, signature, word, name, brand, a combination of colors, or integration of these attributes.

  • The trademark should look easier to be spelled, speak, and recognize. This is to ensure that the public can remember and acknowledge it rapidly.

  • The trademark must be a short one because complicated trademarks can be forgotten easily. Therefore, the trademark has to be simple so that it can be memorized.

  • It is the most important attribute of a good trademark that should be unique. It should not be similar to any trademark which is already popular or registered under a trademark.

  • To ensure that the mark is clear and concise so that the consumer is not left in a confused state or in doubt regarding the nature of the product or the service which are offered?

  • Most often the best trademarks are referred to be invented or coined words or some peculiar geometrical designs.

  • The chosen trademark should not be reflecting the description of the product. It should be suggestive of the quality which is one of the key attributes of a good trademark.

  • If you desire to register a good trademark then you should choose one that is excluded from the list of the prohibited class which is mentioned in the Trademark Act.

How Should You Choose a Good Trademark?

The advantages gained from a trademark can provide to your brand or your company and you should obey the business and legal needs of your company. Trademarks act as an asset and a passageway to building a solid reputation and high goodwill for your company. The attributes can guide you choose the right trademark which are given below:

  • The trademark must be essentially related to the products and services you wish the trademark to work for. You must select a trademark that is distinct and reflects the quality.

  • As mentioned earlier, choose a trademark that is small, crusty, and simple.

  • When you choose the trademark then you should obey the Trademark Act. If any trademark breaches the law shall not be approved.

Conclusion 

It concluded that Trademarks provide face value to your company or the brand in the market and build a good reputation for your company. You should look for a trademark because your product is unique and reflects the quality of the products. The essentials and attributes of a trademark are clearly explained under the Intellectual Property Rights. It exists in form of a slogan, expression, or sign which distinguishes a business’s services and products from the participants. A trademark allows people to recognize their company with a short, symbol, name, or color combination. 

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Author:

Radhika Punani
Ambala
I am Radhika from Ambala city. I qualified LLM from Kurukshetra University and B.A.LLB from Maharishi Markandeshwar University


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