Why to Register and Protect Brand Name, Domain Name, Business Name, Logo Brand Name as Trademark Registration in India ?
A trademark, trade mark, or trade-mark is any distinguishing word, name, symbol, or design, or any combination thereof, used in business/commerce/trade/import/ export/retail market to identify and distinguish the goods/products and/or services of one manufacturer or seller or trader from those of competitor brands and to provide consumer in market with the advantage of identifying the right brand providing the best quality.
Moreover, the trademark depicts a “mark” that aids the end user of the goods/products and/or services make a distinction between one brand’s goods/products and/or services and different brand ‘s goods/products and/or services. The “mark” used to differentiate as discussed above may be a word mark or other device mark such as a tagline, punch line, phrase, logo, sound, or package design, which enables the consumer to recognize one brand work mark from the other brand mark in the Indian market. For example, “Nirulas” is associated with a brand promoting diversified group having a chain of hotels, waiter service restaurants, family style restaurants, ice cream parlours, and pastry shops and on the other hand “Hilton” is associated with a brand promoting comfortable lodging and brand hotels.
Trademark is one of the forms of Intellectual Property (IP) which needs to be protected in each country where the manufacturer or seller is selling and/ or providing services before the respective Trademark Office. Trademark Protection is territorial in nature and in simple words, the manufacturer or seller has to register his Brand Name, Domain Name, Business Name, Logo Brand Name in every Trademark Office where his business is residing. The trademark may be represented as “TM” when a trademark application for product or brand is pending before the respective Trademark Office. The trademark may be represented as “SM” when a trademark application for a service mark is pending and in other words unregistered before the respective Trademark Office. The trademark may be represented as “®”when a trademark is registered before the respective Trademark Registry Office and trademark certificate is granted.
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With regards to protection of business idea and other intangible assets related to mobile app, please read our previous post regarding protection of internet business idea. Almost all the major protection mechanisms are applicable to mobile apps as well.