Trademark Agreement – The Law To Preserve And Facilitate Creativity

A huge outpouring of intelligence distinguishes modern civilization. Freedom, logic, and the development of objective and creative things are the hallmarks of the new world order, which began with the rise of the Renaissance movement in Europe around the 14th and 15th centuries ADs. With the explosion of innovative products and services, there was a need to safeguard and defend the originality of each new type of product or service. As a result, the notion of trademark and the other laws, regulations, and customs that regulate the concept of trademark developed. The trademark agreement is a crucial part of trademark law.

 The Expanse And The Spread Of The Trademark 

Today, trademarking is an important global event. It may now be found anywhere and everywhere. It might be higher in advanced nations and areas and lower in underdeveloped countries and regions. Its strength varies, but it is now worldwide and ubiquitous. And, it is catching up quickly in areas where it is lower. Let us now go into trademark registration and trademark agreements in further detail.

 Trademark Registration 

A trademark is a distinct identity that distinguishes your organization, product, or service from the competition. A registered trademark is the intellectual property/intangible asset of your company. It safeguards your investment in building client trust and loyalty.

The registration allows you to sue anybody who attempts to imitate your trademark and prevents others from using a similar trademark to the one you registered.

 What Can You Register As a Trademark? 

Many components of your brand’s image can be trademarked. The thing to think about is whatever component of your brand sticks out to your customers. Select the relevant aspect(s) for registration.

  1. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
  2. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
  3. Person’s Name/Surname: If your name plays an important part in generating revenue, you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
  4. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
  5. Logo/Symbol: It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.
  6. Tagline: If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It’s finger-lickin’ good’.
  7. Colour Mark: You can trademark color or a combination of colors. (Ex: Cadbury has trademarked the color royal blue)
  8. Sound Mark: Musical notes or sounds can be trademarked if we can prove their distinctive. Nokia has trademarked its tune.
  9. Scent Mark: Even scents can be trademarked.

 Why Is Trademark Registration Important? 

Trademark registration is vital and required for a business because

  • It demonstrates your distinct identity.
  • It helps in the development of consumer trust and loyalty.
  • It provides legal protection for the identity of your brand.
  • It is an asset in and of itself.
  • It protects your brand‘s identity against unlawful use.

 Trademark Classes 

There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution while selecting the classes since they will affect the validity of your trademark for your company’s products/services. You must file for a trademark in each eligible class if your company sells various items and services that fit into multiple classifications.

Some of the popular trademark classes are:

Class 9: which includes computer software and electronics,

Class 25: which includes clothing,

Class 35: which includes business management and advertising, and

Class 41: which includes education and entertainment.

If you operate within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.