Trademark can be defined as the intellectual property of an organisation which represent their products. It mainly consists of name, signature, letter, symbol that is being used by one company to differentiate its product from the other. Trademark is a mark which is being used in relation to goods and services so that it can indicate connection between the goods and some persons have right to use that mark. The main function of trademark is to identify the source of products. Trademark also helps to identify a particular business as source of goods. Trademark for an organisation should always be unique. Trademark searching is a technique or way of searching for a name for company’s use. Searching for a trademark name is important before filling an application for trademark. Trademark searching reveals whether that trademark is capable of registration in India or not. Cost of searching for trademark is negligible as compared to the cost of rebranding the trademark.
Trademark search does not guarantee that mark will be registered. There are certain factors which also affect the registration of trademark. Trademark applicant doesn’t conduct a search for a conflicting mark. The main reason behind the search of trademark is to avoid trademark infringement. In some cases we have to search for a trademark so that one can’t apply for trademark which is already being registered by some other company. After the search for trademark the next step for a company is to register that trademark. Registration is an importance step. Registering a trademark provides protection to the owner and deters others from using your trademark. Registering a trademark helps the owner of trademark to protects its goodwill of business. We can say that trademark contributes to the commercial value of goods to which it is applied and helps to increase the marketability. The name of the trademark should be generic one. It should be brand name or something like that which will not create confusion.
Like trademark registration logos are also registered so that they will not cause any confusion with other mark. A logo may be sign which helps you to distinguish goods from the other traders. Like trademark registration, logo registration will prevent any party from using your logo if your logo is registered. Logo can be used as marketing toll so that anyone can identify your products. Logo registration also helps in increasing the value and making business successful. Brand registrations are also there to help to distinguish your product from the rest of the products and helps to provide a positive image to your product. For getting a brand registration certificate it is important that brand should not be identical with any brand name. If the condition satisfies then the person can file an application along with the documents and the fees to the authority and have that certificate of brand registration. Companies like Reebok, Nike have their logo registration and brand registration which helps them to distinguish their products from the other products in the market.
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