What is Trademark?
In India, Trademark is governed by the Indian Trademarks Act, 1999. It is also a part of the Intellectual Property Rights (IPR) of a person or company. Section 2(zb) of the Indian Trademarks Act, 1999 defines a Trademark as a “mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and combination of colors.” A trademark is a kind of mark that a company or brand uses for its identification. It helps the company in establishing its brand in the market and the user to differentiate between different products. A company can apply for a Trademark for all the representations that they use in the market to differentiate their product from any other product.
The company mainly applies for their brand names and logo of the company for Trademark. Any other business cannot use the same name or logo for registering a new Trademark even if they sound similar, have the same meaning, or look similar to an already registered Trademark. The main purpose for registering a trademark for a company is to create a difference in the market for their product with other similar products. Competition in the market is very high and the companies are going to any extent to sell their product in the market. Trademark helps consumers to differentiate between the products they want from various other products in the market. India has also signed the TRIPS Agreement and because of that, the Trademark law in our country is made keeping in mind the laws of another country as well.
Difference between Copyright and Trademark
Copyright and Trademark are two important parts of the intellectual property laws in our country. In India, the growth of Intellectual Property Rights (IPR) can be seen in recent years. The reason for that can be the growth of entrepreneurship in our country, the government is also supporting people in opening new companies. Every person with a unique idea can start a business, the government also supports this by providing them with easy and supportive policies. Incorporation of the company is essential as per the laws of the country to start any business but only incorporation of the company will not protect the company or their owners from any form of duplicity.
The company or the individual must register the Trademark of the company and must obtain a Copyright certificate from the government for their work. These certificates will not only prove your identity but also ensure that your brand will be identified among other brands. Copyright and Trademark are two important Intellectual Property Rights (IPR) that protect the business or individual in case any other person or business is using their name or brand to sell any product. The rightful owner of the object has the right against the other and can use the same if it has all the valid documentation of registering their intellectual property.
Table of Content
- What is Copyright?
- What is Trademark?
- Difference between Copyright and Trademark
- Conclusion
- Frequently Asked Questions (FAQs)