Common myths related to Trademark Registration

Introduction

A registered trademark is a type of intellectual property right that grants the owner exclusive privileges. Regardless of the size of the firm, trademark registration has become essential in the current world of competition. More and more people are drawn to registering their trademarks due to the benefits associated with doing so. There are some misconceptions concerning trademark registration that put individuals off from registering their marks. In this article, we will discuss some common myths related to trademark registration.

What is Trademark Registration?

The term Trademark is the legal term for  “Intellectual Property”. The Dictionary meaning states it as a symbol, word, or words legally registered or established by use as representing a company or product. One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A Trademark identifies the brand owner of a particular product or service.

What are the myths related to Trademark Registration?

Following are 6 myths related to Trademark Registration-:

• The cost of trademark registration is high: This is the most common myth related to Trademark registration that trademark registration is an expensive process. There is a set amount of money that must be paid to register a trademark. There are no complaints raised when the chosen name is original, making the process quick and inexpensive. Selecting a distinctive name will help you save money on trademark registration.
• Trademarks and company names are the same things: Company name is the name of the entity that must be registered when a company is established. While a trademark is a brand name owned by a firm that is connected to its goods and services. For instance, Hindustan Unilever Limited is the business name, and it also has a number of brand names, such as dove, Lux, and Surf Excel.
• Small businesses cannot register trademarks: Many business units believe that trademark registration is only essential for large companies and that if they have a small firm, they do not need to register a trademark. To clear up this myth, we must first realize that trademark registration is essential in order to protect the brand name and get exclusive usage rights over it. Small companies must safeguard the brand name that is connected to their products. Brand name protection is important for both small and large business units to keep their individuality.
• The rights only apply to registered trademarks: Many individuals hold the false belief that trademark rights are only reserved for those who have a registered trademark in their names. However, once a mark is used commercially regarding a business advertisement or sale, all marks are granted trademark rights under common law. The user rights are only valid in the geographic area where the brand is being used commercially, and claiming such rights is challenging due to the higher standard of proof.
• Entrepreneurs have the right to assert their trademark rights globally: Registration of trademarks is geographical. To claim worldwide rights, a person must first file a national trademark application and then choose a single application under the International Trademark Registration under the Madrid Protocol. A trademark cannot be registered internationally without first being registered in the nation of origin.
• Trademark protection only applies to business logo usage: Any nation that recognizes trademark rights will grant trademark protection to a company logo that immediately connects with consumers. This is not the only mark that may be registered. A few countries have also approved word marks that claim specific words or phrases without requiring any specific font, color, or graphic components. Such trademarks may be used in business names or various forms of advertising to safeguard a particular line of products.

Conclusion

The Trademark Act of 1999 specifies a number of reasons on which the trademark rights may be opposed while a trademark registration has been in effect for less than five years.   The Registered Owner has the sole right to use a trademark once it has been registered with the Registrar of Trademarks. It is necessary to keep in mind that the granted right is exclusive to the Republic of India. Put an end to all trademark myths that are delaying you from registering your mark.