Intellectual property refers to creations of the ideas i.e.: inventions; literary and artistic works, symbols, names and images used in trade and business transactions.

Intellectual property itself denotes that the same is property intangible. Intangible means the thing which is unable to be touched or sensed or which has not physical existence.

Intellectual property is that kind of property which is created by human creation out of its own intellect. This is one unique kind of property which does not have any physical existence yet possess a lot of significance in trade, business and commerce.The main motive behind bringing in force the intellectual property was the creation of intellectual goods and services. Through the same, economic incentive is also being attached for the creations as people benefit overall and receive profit from the intellectual property they create. These innovations altogether contribute to the technological success of the country.

The most well-known types are Copyrights, Patents, Trademarks, Designs and trade secrets.

What is a Trademark?

As it can be figured out from the name itself, it is a mark which is applied by the manufacturer or the seller to its products and services in order to distinguish them from other products or services.

It is a mark which will prevent or prohibit another person from offering the same product or service under the same name / mark which may create confusion in the minds of general public with respect to the previous product.

Therefore, it can be said that Trademark is a logo or symbol which is specifically used to distinguish the products or services for which it is used from other products or services. It is a symbol which contributes to the image / brand, the Company is trying to build. It is a mark which identifies a Company with the same.

Trademark is a combination of colour, font, style, shape which itself provides a distinct value to that particular mark or logo.

Apart from differentiation in the products / services, trademarks can be considered as a marketing strategy wherein it encourages the recognition of some level of quality amongst the product users. Registered trademarks are the ones which ensure proper protection and fair and healthy competitive environment.

There are various evident examples of Trademarks from various industries, which could relate to this article.

Eg.: ‘Prada’ in case of fashion Companies, ‘Pizza Hut’ in case of fast food. Trademark protection extends further than logos and can cover from sounds to colours ‘20th Century Fox Fanfare’ etc.

Here, a generalised approach can be drawn from the concept of intellectual property which favours logo, brands to be made available to various consumers. Through these brands and logos the Consumers can develop a market value of their own product which is of far more significance than any general product or service hereto available in the market.

Therefore opting or possessing this kind of intellectual property definitely help the users to have a recognition and a sense of protection throughout its jurisdiction as to its usage is concerned.

Trademark Protection

This predominantly marks the legal side of the term ‘trademark’. It tends to provide a protection from use of the similar mark for the similar goods or services by unauthorised person. Before emphasising in detail on trademark protection, firstly we need to analyse the filling process of trademarks in India.

Trademark Filling Process:

Once a trademark name/logo/symbol is designed for specific goods / services, the application for trademark registration can be filed with the Trademark Registry of the region wherein the applicant resides or have the place of business. The application for registration of trademark must be made in the prescribed manner and filed along with the prescribed fee for trademark registration. Trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online. Trademark applications can be filed online by  https://ipindiaonline.gov.in/trademarkefiling or through a trademark agent or lawyer.

• A trademark registration application must contain the following information:·        
• Name and address of the trademark owner / applicant·        
• Description of the goods or services for which the mark is used·        
• Logo or the Trademark to be registered·        
• Classification or Trademark Class·        
• Trademark used since date

Once the Trademark registration application is filed with the Trademark Registrar, a trademark application number is provided within one or two working days. The trademark application can also then be tracked online through the Online Trademark Search facility. Typically, on obtaining trademark application number, the owner of the trademark can affix the TM symbol next to the logo.

This is one of the methods trademark can get protected.

Importance of Trademark Protection:

Trademark importance is of a great significance as it protects the value of the mark through its jurisdiction. Therefore, prioritizing trademark protection is just as important for the solo entrepreneur as it is for the enterprise business.

Trademark protects consumers from confusion regarding the source of product or their services. With the trend of growing business, trademark becomes a significant asset as it gives a different taste to that specific product altogether.

To put it differently, it can be analysed that apart from its logo, character, text etc. its ‘trade dress’ becomes one of its recognition in the society.

Eg.: ‘Nestle: Good food, Good life’ is based on the family’s coat of arms, which featured a single bird sitting on a nest. This was a reference to family name, which means ‘nest’ in German. Herein Nestle adapted the said logo by adding three birds fed by a mother, which created a virtual link between the name and company’s infant cereal products. This altogether creates a virtual dress code

as to the recognition of such brand/logo which is related with that particular organisation as such.

Trademark as such is an essential brand which encompasses the brand identity it is associated with. In the marketplace today, there is an aggressive approach wherein every single trader is fighting for getting a superior recognition of their products which ultimately will prove to be profitable for them. Herein the superior role which trademark makes out of your brand cannot be overlooked.

It differentiates your product from others due to brand value it encompasses with it. When the situation is like where your brand is identifiable and distinguished from others, either by uniqueness or reputation, consumers obviously anticipate that the results they will be getting through this product are completely distinctive. A perfect example is the apple symbol that Apple Inc. uses. Everyone can identify the brand just by seeing that symbol. Often, Apple Inc. does not even use words in their advertising.

Often Companies consider the Trademark registration as a cost that can be postponed until something gets wrong which can be a risk. It can be said that if the timely registration is not done then there is strong likelihood that the same brands/ logos can be utilised by other Companies affecting the interests of Mother Company. Therefore, as lawyers we precisely are working upon spreading the awareness as to timely registration of trademarks is concerned and the problems which arise if timely registration is not done.

There are huge litigations in the court demanding compensation for infringement of trademarks and as such the company which has made huge expenditure involving use of trademark can suffer heavy losses.

Example: Domino Pizza the owners of Domino Pizza had to fight out the dispute over the use the tradename ‘Dominos’ for more than 5 years which involved the cost of lakhs of dollars.

Here some important hints to our readers from our law firm which deals with all kinds of trademark protections in India that, while choosing trademarks it is very important to ascertain as to the brand/ logo which has been chosen is uniquely distinct from all other logos/ brands which are being registered worldwide. This is evident as to getting a clear picture of the specific trademark which the organisation needs to convey. Therefore, Trademark protection is a strategic tool which itself volunteers to reach out to anyone from customers to investors and raise value of the Company.