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Any design, expression, logo or anything that remotely resembles an organization or a product belonging to a certain organization or individual can be defined as a Trademark. It is alternatively known as a Service Mark. Breaking the term down to its simplistic origin, it means any kind of mark which gives the viewer a distinctive recognition of its owner. The importance of a unique and catch trademark thus cant be undermined especially if a person wants to run a business. Here are 5 reasons underlining the importance of a trademark to a business.

1) Sets it apart from multiple products of same kind: A trademark should be unique for a brand. Let us take our example of assuming logo as a trademark once again. If your logo is unique, simple– basically it has everything mentioned above, then it gives your brand an edge over anyone else. With a logo, anyone can tell which brand does a product belongs to. When you see a silver color half bitten apple on a laptop or a phone, you know that it is an Apple product.

2) It gives uniqueness to a brand: Consider trademark as a Logo of your brand. Would you want to have a logo that stands out, is easy to remember and is catchy or would you rather go for a logo that is hard to remember or understand and doesn’t describe your brand in any way? The choice would be simple and everyone would go for the former option. It is self-explanatory why you would want that.

3) Protects your product’s name: If you have a registered trademark, you can use it to publically show your ownership over your product. Having a registered trademark will give you a right to use it on all the products registered under your ownership and hence prove that the product belongs to you and you have all the rights to sell, modify or use that product however you want.

4) Trademark stays forever: Your registered Trademark will remain with you forever. So, it is like buying an ice cream once and eating it forever. However, ice cream won’t last that long- don’t even try to do that, please!.

5) Protects your Brand’s name: As mention throughout this article, you should register your trademark so as to stop anyone else from using it. But, what if there’s another company with the same name as yours? Is there any way to stop it? As a matter of fact, there is. It is widely suggested that you register your brand’s name as your trademark. This way, if anyone else uses the similar name as yours, you can stop them.

The power of a registered trademark can be gauged by reading the “Microsoft vs. MikeRoweSoft” case. It is a hilarious case- but, it shows what a trademark can do for you. The gist of that whole case would be that the software giant Microsoft sued the 12th-grade Canadian student because of his website named “mikerowesoft.com”. According to Microsoft, mike’s website phonetically resembled their brand. In the end, a conclusion was reached by both the parties and the case settled down. But, Microsoft was able to get the control of that website with a little compensation and stopped that website and got their brand’s uniqueness back.


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Category Intellectual Property Rights, Other Articles by - Sidharth Nair 



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