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Thursday 14 September 2017

Protect Your Business with Registered Trademark

Picture courtesy: ipwatchdog.com




In our series of articles about intellectual property rights, we will look at trademarks in this article. A trademark is a sign, logo or design that distinguishes a product or service from others. Trademarks can be owned by an individual, a business organization or any legal entity. Trademarks usually help in identifying a brand and the company that owns the brand. Though trademarks are generally designs or logos, they can also be taken for business names, taglines or captions. The trademarks used for identifying services are called service marks.

Trademarks are crucial in making the public understand that the product belongs to a business owner and it is distinct from others. Trademarks also become valuable assets over a period of time and it is very important to obtain registration for trademarks. Registration of trademarks gives the exclusive right of ownership to the trademark owner and lets the public know that others cannot use this trademark.

Identifying trademarks: Once a business applies for a trademark registration, it can use the TM and SM symbols to notify the public that the business is claiming for exclusive ownership of the trademark. Once the trademark is registered and certificate of registration is received, the symbol for the registered trademark can be used. The trademark registration allows the owners to use their trademark right in court and earn royalties in case someone else is using their trademark. Having a registered trademark also helps in deterring other companies to avoid a similar company name or logo for their business.

Requirements for obtaining trademark:


  • Name of the applicant: Name of the legal entity which is applying for the trademark has to be furnished.
  • Address of the applicant: Address of the applicant along with the state of incorporation if the applicant is a company.
  • Nature of the applicant entity: Nature of the entity filing the application has to be given whether it is an individual/ proprietor/partnership firm/company.
  • Product/Service: A detailed list of goods or services that will be delivered under the trademark has to be given.
  • Softcopy of the design: A soft copy of the trademark for which application is being made.
  • Date of first use: If the trademark is already in use, then the date of first commercial use of that trademark.
  • Power of attorney: Power of attorney in favor of trademark agent or an advocated signed by the applicant.


Benefits of trademark:


  • The first and foremost benefit a trademark owner gets is the exclusive right to use the trademark for the goods and services for which the trademark has been registered.
  • The trademark is an intangible asset of the business. Like any other asset, trademark also can be transferred.
  • As any property of a company can be pledged as security for a loan, a registered trademark can be used for hypothecation.
  • A registered trademark prevents other businesses to use a similar logo or name of the products or services dealt by the trademark owner.


Trademark plays a very crucial role in branding and it is an intangible asset that has a significant value depending on the success it brings to the brand. For your entire trademark needs, Accuprosys has an efficient team of attorneys and IP experts who can handle all the paperwork and processing effortlessly for you.

Visit: Accuprosys

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