Definition

A trademark is a symbol, word, phrase, design, or a combination of these that identifies and distinguishes the source of the goods or services of one party from those of others. 

Description

A trademark is a form of intellectual property that provides legal protection to the owner, ensuring that others cannot use the same or a confusingly similar mark in a way that might mislead consumers or dilute the brand's identity.

• Identification: A trademark serves as a distinctive sign or indicator, allowing consumers to recognize a product or service originating from a particular source. This could be a name, logo, slogan, or even a specific colour scheme or sound associated with a brand.
• Legal Protection: Registering a trademark grants the owner exclusive rights to use the mark in connection with the products or services it is registered for. This legal protection helps prevent unauthorised use by others, safeguarding the brand's reputation and customer trust.
• Branding Tool: A trademark plays a crucial role in branding, helping to build a recognizable identity that not only differentiates a business from its competitors but also fosters customer loyalty.
• Economic Asset: Trademarks can become valuable assets over time, especially as a brand grows in recognition and reputation. They can be licensed or sold, generating additional revenue for the trademark owner and adding significant value to the business.
• Duration and Renewal: Trademark protection can last indefinitely as long as the trademark is used and is periodically renewed, typically every 10 years.

Importance of Trademark

These are the reasons why trademark is important for small businesses:

• Brand Recognition: A trademark helps consumers identify and differentiate your products or services from those of competitors. A robust and recognizable trademark can make your brand stand out in the marketplace, increasing customer loyalty and trust.
• Legal Protection: Registering a trademark empowers you with exclusive rights to use the mark with your goods or services. This legal protection prevents others from using a similar mark that could confuse customers and gives you the control to safeguard your brand's reputation.
• Business Value: Trademarks are versatile assets that can increase in worth as your brand grows. They can be bought, sold, licensed, or used as collateral, providing you with multiple revenue streams and enhancing the overall value of your business.
• Marketing Tool: A trademark is a powerful marketing tool that helps convey your products or services' quality, reputation, and distinctiveness. It contributes to your brand's identity and can be used effectively in advertising to build consumer recognition.
• Global Expansion: A registered trademark can help you expand your business internationally by providing a foundation for protecting your brand in foreign markets. It ensures your brand remains unique and protected as you grow your business beyond national borders.

How to trademark something?

These are the steps to apply for a trademark

Step 1: Conduct a Trademark Search

Make sure the trademark you wish to apply for is not already being used or registered by someone else by thoroughly searching before applying. You can do this by using the trademark office's online database or hiring a trademark lawyer.

Step 2: Determine the Type of Trademark

Choose what you wish to trademark, whether it's six of a name, logo, or slogan. List the products or services that your trademark will be used to symbolise as well.

Step 3: Prepare Your Application

Collect the data you'll need for your application, such as:

• The precise depiction of the brand.
• A thorough explanation of the products or services connected to the trademark.
• The Nice Classification system is used to categorise products and services.
• Name, address, and any other necessary private or professional data.

Step 4: File the Trademark Application

Send your application to the appropriate trademark authority (such as the UK Intellectual Property Authority (UKIPO) or the US Patent and Trademark Office (USPTO)). They have an official portal where you may complete this online.

Depending on the nation and the number of classes of products or services you are registering for, a required filing cost must be paid.

Step 5: Examination and Review

The trademark office will check your application when submitted to ensure it meets all legal requirements. Additionally, they will look for any trademark issues that may exist.

You could be asked to respond with further details or make changes if there are any concerns or complaints.

Step 6: Publication for Opposition

The trademark will appear in the official journal if your application is approved after the preliminary review. This allows third parties to object to the registration if it violates their rights.

Generally, the opposition lasts between thirty and ninety days, depending on the jurisdiction.

Step 7: Registration and Issuance of Certificate

Your trademark will be accepted and registered if no opposition is submitted or any opposition is settled in your favor.

Your trademark will be legally protected, and will receive a registration certificate.

Step 8: Maintain and Renew Your Trademark

To keep your trademark active, you must use it in commerce and file periodic maintenance documents, such as declarations of continued use.

Trademarks must be renewed periodically (e.g., every 10 years) to maintain protection. Please do so to avoid the loss of your trademark rights.

What are the types of trademarks?
 

There are several types of trademarks, each offering different levels of protection:  

Common Types of Trademarks

Product Mark: Used to identify and distinguish products.Example: Coca-Cola, iPhone  

Service Mark: Used to identify and distinguish services.Example: FedEx, McDonald's

Collective Mark: Used by group or association members to indicate membership and adherence to specific standards.Example: Visa, MasterCard

Certification Mark: Indicates that a product or service meets specific standards or requirements. Example: USDA Organic, Energy Star

Other Types of Trademarks

Shape Mark: Distinguishes a product based on its shape.Example: The Coca-Cola bottle shape  

Sound Mark: A unique sound or jingle associated with a brand.Example: MGM's lion roar  

Pattern Mark: A distinctive pattern used to identify a product or service.Example: Burberry check pattern   

Example

A trademark that is widely recognized is the Nike Swoosh logo.

Nike, Inc. has registered the unique logo known as the Nike Swoosh. It is instantly identifiable and represents the identity of the brand globally. The Swoosh, being legally protected, is a testament to Nike's commitment to maintaining its unique identity, preventing any other business from employing a similar product design and causing customer confusion.

This trademark is among the most valuable in the world since it has come to represent high-quality apparel and athletic achievement.

The Nike Swoosh is a valuable business asset, not merely a logo. It is essential to the business's marketing and branding strategy and dramatically enhances the brand's value.

FAQ
 

What is trademark Vs Copyright?

A trademark is an asset that protects words, phrases, symbols, or designs used to identify and distinguish goods or services. On the other hand, Copyright protects original creative works like books, music, software, and art.   

How to protect a trademark?

To protect a trademark, you must register it. File an application with the appropriate government office.

For consistent use, you can use the trademark consistently on your products or services.   You must regularly check for trademark infringement.  

You must take legal action if necessary to protect your rights.

What is trademark law?

The legal structure known as trademark law serves to safeguard words, symbols, or graphics that are used to identify a company or a product. It stops other people from employing marks that are confusing to customers.