StartUps/Small businesses assume that they are not important enough to get a trademark registered. This becomes a barrier to their growth. Getting trademarks registered proves to be a great help in the long run and helps in the growth of the enterprises, and bring them to an equal level playing field with the prominent and established companies. Hence, even Startups and small businesses should take the opportunities offered by various tools, as it will take their entity to the next level, giving them a ground to compete with the big shots.
Advantages of Trademark Registration
Legal Protection Separate Legal Entity
Creation of Asset
Trust or Goodwill
Makes Trademark Known
Misconceptions regarding trademark?
- The most common misconception is that a business name is the same as a trade mark. That is not true. Business names and trademarks are different concepts and serve different purposes.
- The purpose of a business name is to enable members of the public to see who is responsible for the particular business. While the purpose of a trademark is to give you exclusive rights to use the trademark.
- The business name or the company name is registered with the “Registrar of Companies” whereas the trademarks are registered with “Controller General of Patents Designs and Trademarks”.
- Some companies are not sure when they should use the “®” symbol and when they should use the “™” symbol. You should only use the ® symbol if your trade mark is registered. Illegal use of ® is subject to fine. If your trade mark is not registered, you could use the ™ symbol. This provides notice that you claim a trade mark but it is not necessarily registered.
- Many people assume that they can protect their trademark by simply using the mark in commerce. One might ask, “Why should I go through the effort of applying for a registered trademark when I can establish rights through use alone?”
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