What Is a Trademark?

Protect Your Brand Legally

A trademark is a unique symbol, logo, word, or design that represents your brand identity. It helps customers recognize your business, products, or services easily and separates you from competitors. By completing a trademark registration, you get exclusive legal rights to use your brand name or logo and prevent others from using something similar.

If you are building a brand in India, it is essential to register your trademark through IPIndia Trademark to safeguard your brand value and reputation. Whether you are a startup or an established company, trademark and registration is a crucial investment for long-term business protection.

Why Register a Trademark?

Business’s legal identity

When you register a trade mark, you protect your brand’s identity and ensure that no one can misuse your logo, name, or slogan. A registered trademark acts as your business’s legal identity and adds credibility to your company.

Once you register for a trademark, you get ownership rights under the Trade Marks Act, 1999, making it easier to take legal action against any unauthorized use.

By completing your TM registration or apply for trademark online, you protect your brand from imitation, build trust among customers, and gain recognition nationwide.

Benefits of Trademark Registration

• Legal Protection: Trademark registration provides exclusive rights to use the mark and prevents others from using identical or similar marks.
• Brand Recognition: A registered trademark helps in building trust and recognition among consumers.
• Nationwide Coverage: Registered trademarks are protected throughout the country.
• Exclusive Rights: It grants the owner the exclusive right to use the mark and take legal action against infringers.
• Valuable Asset: A trademark can be sold, licensed, or franchised, making it a potential source of income.
• Long-Term Security: A trademark is valid for 10 years and can be renewed every 10 years, giving lifetime protection for your brand.
• Business Growth: A registered mark boosts brand credibility and attracts customers and investors.

Protection Period

A registered trademark is protected for 10 years from the date of filing and can be renewed indefinitely every 10 years by paying the renewal fee.

For Trademark Registration:

• >> Aadhaar Card (identity and address proof)
• >> Mobile Number
• >> Email ID
• >> MSME Registration Certificate (if applicable)
• >> Company Incorporation Certificate (if applying as a company)

Copyright Registration

Copyright protects original works of authorship such as literary, artistic, musical, and dramatic works. The Copyright Act grants the creator exclusive rights to use, reproduce, and distribute their work, preventing others from using it without permission. Copyright protection ensures that your creative efforts are legally recognized and helps you maintain control over how your work is used or shared. It also protects your work from being copied or exploited by others without your consent.

What Can Be Copyrighted?

• Literary Works: Books, articles, manuals, poems, Literary Works: Books, articles, manuals, poems, and software (computer programs and applications). Software is treated as a literary work under copyright law, which protects source code, object code, and the overall structure of the software.

• Artistic Works: Paintings, drawings, sculptures, and other visual arts.

• Musical Works: Songs, compositions, or music tracks.

• Dramatic Works: Plays, scripts, and choreography.

Benefits of Copyright Registration:

• Legal Protection: Copyright grants the exclusive right to copy, distribute, and display the work.
• Deterrence Against Infringement: Public notice of the copyright can prevent others from infringing on the work.
• Proof of Ownership: Registration provides solid proof of ownership, which is crucial if you need to file a lawsuit.
• Licensing and Royalties: Copyright holders can license their work to others and earn royalties.
• Global Protection: Copyright protection extends internationally, in countries that are signatories of international treaties like the Berne Convention.
• Long-Term Security: Copyright lasts for the creator’s lifetime plus 60 years, ensuring long-term control over your creations.
• Protect Your Software: Especially useful for developers, copyright safeguards your code from unauthorized use or duplication.

Protection Period

Copyright protection generally lasts for the lifetime of the creator plus 60 years after their death. For works created by companies, software, or anonymous works, protection usually extends for 60 years from the year of publication.

For Copyright Registration

• Copy of the work to be copyrighted: e.g., manuscript, software code, artistic work, etc.
• Aadhaar Card: Identity proof of the applicant.
• Mobile Number: Registered mobile number for communication.
• Email ID: Valid email address for updates and verification.
• Other Documents: May be required depending on the type of work being registered.