Designing a unique mark is difficult, but everybody wants to create a unique and eye-catching product or provide services which can be easily distinguished from others for this protection of trademark has become essential in the present times.
Trademarks are one of the most crucial parts of intellectual property. A trademark is defined by the World Intellectual Property Organization (WIPO) as a sign which is capable of distinctly distinguishing the goods or services of one individual or enterprise from those of other individuals or enterprises." A trademark is a specific name, emblem, icon, design, image, expression, or a combination of all these elements. It exclusively identifies a product as belonging to an enterprise, and it also recognizes the company's ownership of the brand. It may or may not be registered. Trademarks also never expire as long as they are in use.
Even though registration of a trademark is not necessary, Trademarks should be registered to restrain anyone from misusing it. A bundle of exclusive rights is offered to the owner of a registered trademark as he can claim exclusive use of the unique mark concerning his products, and can enforce his rights against anyone from doing so. A trademark requires a step by step process to get registered. It comprises of six steps as follows:
This entire process of registration of trademarks takes about 15-18 months to complete. The trademark once accepted, shall be valid for ten years from the date of issues of the certificate of registration. It shall be renewed after the expiration of 10 years. Any person can obtain a trademark, the legal requirements which exist under the legislation to register a trademark are that the selected mark must be capable of being represented in the paper form, and it must be distinct from the goods and services of one enterprise from those of the others. Trademarks establish a connection between a consumer and the products of an enterprise as the products will be unique and efficient and thereby, create a consumer base. The party who holds the right to a certain trademark can sue anytime there is an infringement of their rights.
Intellectual property is a product of the productive and creative mind. Trademarks are an important aspect of intellectual property. It can be traded, sold, given and received. Designing a unique mark is difficult, but everybody wants to create a unique and eye-catching product or provide services which can be easily distinguished from others for this protection of trademark has become essential in the present times. It promotes innovation through preventive initiatives.