Trademarking can be a confusing process. Trademarking does not just protect your business name but also your product name and brand. Trademarking is the process of identifying which words, phrases, or symbols are unique to you and claiming them as intellectual property. Trademarks give you exclusive rights to use that word or phrase with a product or service for sale.
Businesses generally need trademark protection for both their company names and their products’ names because someone else may try to steal your business identity by creating an identical company name, using the exact words in another product’s branding, or even copying one of your products! Let’s take a detailed look at Trademark registration!
Trade Name vs. Trademark: An Overview
Trad remark name, in a word, is the given to an entity that identifies and distinguishes it from the others. Trademarks are used by all kinds of products ranging from cars to books to medicines. They identify different companies or individuals who sell their goods and services under a particular trademark they have registered with respective authorities.
Besides this, a Trademark can be a name, word, symbol, or combination that distinguishes you from your competitors. Trademarking is how Trademarks are registered with authority and protected against infringement by other Trademark owners.
Trademark registration has many advantages to its owner, such as exclusive use over their business identity for a certain period in a particular geographical area. It also allows Trademark owners to take legal action against anyone who uses their Trademark without prior consent.
What is Trademark?
A trademark is a recognizable sign, design, or expression that distinguishes a particular trader’s products or services from the similar products or services of other traders. Trademarks can be used by anyone who owns one, and they are essential for any business to survive in the market. Trademarks help to establish an identity of a business.
Besides this, trademarks can be a name, a symbol, a word, or any combination of these elements that help the customer identify the goods and services from one company from another. Trademarks are symbols by which groups communicate, and consociates communicate with others. Trademarks offer a way for consumers to indicate the business categories for companies, and manufacturers have a marketing tool they can use to identify their brand.
Trademarking is very similar to copyrighting, where people can receive protection from others using or misusing the image, name, etc., of a particular person in an unauthorized manner. Trademarks are most commonly used to distinguish goods, but it is also possible for them to be used as a service mark. Trademarks are categorized into two types- generic trademarks and fanciful trademarks.
Also Read : Trade Mark Licensing in the UAE
A generic trademark refers to the actual category of product or service offered. It cannot receive protection under Trademark Law because it simply describes the product or service and doesn’t serve as a unique identifier.
A fanciful Trademark refers to a trademark that has been invented by the people and never existed. These trademarks can be registered under Trademark Law because they are new and distinguishable. An example of such type of Trademark is “Kodak.”
Trademarks are used to gain a competitive advantage in the marketplace because they help consumers identify one trader’s products and services from others. Trademark registration offers legal protection against potential misuse by others, which gives exclusive right to use Trademarks in their business. Trademark search is performed before Trademark registration can be applied for any
Things business owners should know about Trademark
The Trademark search is a process of searching a Trademark in relevant trademark records and databases to determine whether the Trademark can be registered or not. Trademark registration helps you to make your Trademarks enforceable for your business. Before Trademark registration, Trademarks must go through a few steps-
- Trademark search
- Trademark application
- Trademark examination
- Trademark registration
You should Know : Why a Business Needs a Trade Mark
Trademark search is a process of finding whether the Trademark you want to apply for has been already registered or applied for under Trademark Law. Trademark search is essential because Trademark Office will not allow Trademarks that are similar to ones already registered or Trademarks which have been applied for.
Trademark application and examination
Trademark application needs Trademark registration, Trademark file creation, and Trademark fee payment. Patent and Trademarks office usually takes a minimum of three months to approve a Trademark application after Trademark examination has been performed. Trademarks cannot be protected in a country where Trademark registration is not allowed. Some countries allow Trademark protection even if Trademark registration is not applied for, unlike the UAE; Trademarks can have legal protection when used and registered here.
Trademark registration can be done by anyone regardless of the Trademarks used. Remember that Trademark is a source of Trademark protection, and Trademark rights are acquired upon first use, no registration.
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