How Trademarking Can Drive Brand Growth

Introduction

Any term, phrase, symbol, or design used in business to establish one company’s products or services apart from competitors’ is considered a trademark. Using a trademark to protect your business has several advantages, and today we will discover why it is so important. Learn more about registering a trademark by reading this article.

Types of trademarks

Trademarks can be divided into three categories:

• The Product mark
• The Service mark
• The collective mark
• The certification mark
• The Shape mark
• The pattern mark

Let us look at how important trademarks are in a certain industry:

A trademark keeps your company unique by preventing others from copying its taglines, logos, and other components. The phrase “clothing design” refers to artistic disciplines that are limited to the creation of clothes and other everyday items, assuming we take the garment industry into consideration.  Along with keeping up with general marketing trends, all clothing designers must register with the appropriate IPR (Intellectual Property Right) regulatory body to guarantee the constant protection of their brands or businesses’ intangible assets. Intellectual property, or IP, is the result of using your imagination to create something original or different. Intellectual property has an influence on the garment industry, which is always developing fresh and creative ideas. Both product design and marketing are examples of creativity in the clothing industry.

All of this intellectual property is quite valuable to the fashion business. Nevertheless, a lot of fashion industry companies are trying to do so without sufficient intellectual property (IP) protection.  The fashion industry is a major company in terms of revenue and market share. Innovation and complexity are two crucial traits that underpin this sector’s rapid expansion. This increases the likelihood of intellectual property rights infringement in this sector. The operator must agree that the previously described valuable intangible assets must be quickly identified, their value to the company evaluated, and they must be protected and utilised through the Intellectual Property system.

Let us look at the importance of a trademark.

• Exclusive Rights: If your trademark is registered, it will be yours alone to use for products and services that belong to the particular class or classes in issue. Furthermore, you or the owner are the only owner of the trademark, and you have the power to prevent anyone from using it in the same class as it is registered in. It grants the right to pursue legal assistance and support in order to prevent illegal use of the registered trademark. In other words, the owner of the trademark is in control of it and can prohibit others from using it in the class or classes for which it is registered. It also gives the owner the right to get legal help for any unauthorised violations.
• Global Trademark Registration: You may quickly expand your brand recognition outside of India or register a trademark in any other country. Having a trademark in India offers you goodwill and a strong reputation, which makes it easier to register your brand outside of India.
• Protection using a trademark: Every business owner has to make sure that their brand is shielded from competitors. The individual loses not just business and goodwill from the market, but also the ability to stop others from utilising the same brand if someone else already has a registered trademark that they have been working so hard to build. Therefore, trademark protection will help the company and the individual by stopping others from utilising a similar brand.
• Using the “R” symbol: When you register a trademark, you are entitled to use the “R” symbol on your brand name or emblem to show that it is registered. No one else is allowed to use the same or a similar logo without your prior permission if your trademark is registered. If someone uses a mark identical to yours without your previous authorisation, you have the right to file a lawsuit against them.
• Distinguish Your Products and Services: This is a useful marketing strategy that helps clients locate your products and sets them apart from those of your current and potential rivals. The logo might represent your company’s or any other organization’s objectives, values, or unique selling offer. It is a successful marketing tactic in addition to setting your product or service out from the competition. Additionally, the goal, excellence, and distinctiveness of your business are embodied in your trademark or logo.
• Boosts Goodwill and Trust: A good or service’s reputation and quality are reflected in the value of its trademark registration. Having a registered trademark improves consumer trust and brand awareness. Since the trademark informs everyone that your goods and services are of a certain calibre, customers in the market come to like and trust you. This helps you build a devoted customer base that prefers your brand over competitors and a steady stream of repeat business.

Documentation Needed to Register a Trademark

• Name of Applicant: The name of the company, individual, or group filing the application for trademark registration.
• kind of Business: Specify the name and kind of business entity, such as a proprietorship, partnership, or private limited company.
• Business Objectives: Clearly and concisely describe the objectives or activities of your organisation.
• Brand or phrase name: Give a description of the name, logo, or phrase you want to trademark.
• Registered Address: Provide the registered address of the business filing the trademark application.

Now let us look at the Indian trademark filing process:

• Trademark Examination: Your application for trademark registration will be handled by a Trademark Registrar’s officer once you have completed the Vienna Codification. After reviewing the application to ascertain its legality and originality, the officer will compile a report on the trademark investigation. Based on his report, the officer may object to the registration process if he thinks your application is fraudulent, or he may approve the application and issue an order for the trademark journal to be published. If there are any objections, the applicant has to show the trademark officer the problems or objections with the application. The appropriate authority will allow the trademark to be published if they think your justifications are valid.
• Trademark Journal Publication: If the Trademark Registrar accepts the application, the trademark will be published in the Trademark Journal. Every trademark that the Registrar receives is listed in this journal, which is released once a week. Anyone has the right to object if they believe that the trademark registration might negatively impact their interests. If no objections are lodged within ninety days following the trademark publication in the journal, the trademark will be registered on behalf of the applicant who submitted the application within twelve weeks.
• Trademark Hearing: A Trademark Hearing Officer will arrange a hearing if a third party objects to the application. Both the opponent and the applicant are given the chance to make their case. Based on the hearings and supporting material, the Trademark Hearing Officer will decide whether to accept or deny the application.
• Trademark Granted: The owner of the brand obtains a trademark certificate, the official document attesting to the brand’s registration, at the end of the trademark registration process. After you have registered your trademark name or insignia, no one may use it without your explicit permission. If someone intends to use anything without your prior consent, you have legal options. A trademark keeps your company unique, stops other entrepreneurs from stealing it, and makes it easier for your business to run smoothly. Although your trademark registration is complete, you still have responsibilities to keep it active. Let us briefly examine the registration procedure. We shall merely touch and leave; we will not go too far into regeneration.
• Trademark Renewal: The trademark’s owner must regularly renew it in order to maintain its legality because it lacks the quality of perpetual existence. One advantage is that there is no time limit on trademark renewals.

Conclusion

To protect against infringement and unlawful use, your business must register its trademark. Everybody should understand the value and significance of trademarks. Because the trademark registration process might seem challenging and complex, it is always advisable to seek the advice of an expert. If you can not find a trademark expert, you may contact Registerkaro, who have a lot of experience and have helped a lot of clients. Most of their clients are happy with the services that Registerkaro offers.