If you want to protect your business's intellectual property, the first step is to register and trademark your brand name. Registering a trademark for your company is a big step that helps you protect your brand identity from misuse or theft.

What is a trademark?

A trademark can be any word, phrase, symbol, design, or combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.

The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

A trademark:

• Identifies the source of your goods or services.
• Provides legal protection for your brand.
• Helps you guard against counterfeiting and fraud.

A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

For example, let's say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn't mean you can stop others from using a similar logo for non-woodworking related goods or services.

Another common misconception is believing that choosing a trademark that merely describes your goods or services is effective. Creative and unique trademarks are more effective and easier to protect.

Using the trademark symbols TM, SM, and ®

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.

Once you register your trademark with us, use an ® with the trademark. You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.

Advantages of Registering Trademarks

1. Exclusive Right: The registration of Trademark gives you the exclusive right to use the registered trademark and indicate so by using it next to your brand name
2. A Legal Protection: In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
3. Differentiates Product: Registering a trademark ensures that competitors will not use it and hence the customers will not get confused.
4. Creation of Asset: Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted.
5. Global Trademark Registration: For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established goodwill in the Country.
6. Build trust and Goodwill: It helps in creating permanent customers who are loyal and always opt for the same brand.

What can be registered as a trademark?

1. Name: A name that can either be personal in nature or can be the surname of the applicant e.g, the name Dhirubhai Ambani can be trademarked.
2. Word: A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.
3. Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
4. Images: Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.
5. Sound: Sound marks in audio format. For ex the sound in the ad jingle