Understanding the Value of a Brand Name
When we talk about a brand name, images which you created in your mind – a big company, a big name, a famous name, right? But how was this brand made? How was it prepared? And how did an ordinary name grow to become a brand and a large industry? Today, we will discuss how to register a brand, how to register an ordinary name as a brand, increase your goodwill while following legal rules, and create a right that allows you to do global business. No one can use your name without your permission. Until you allow them, they cannot use your name. For that, it’s necessary to understand the brand first.
The Meaning of ‘TM’ and ‘R’ in Trademark Symbols
Generally, you must have seen two things with any brand: either ‘TM’ is written, or there is an ‘R’ in a round circle. First, let’s understand what that means. Some people think that if ‘TM’ is written, it means they have been granted the trademark, and ‘R’ means the brand is only registered. But it means something else. When you submit any name to the registrar for registration, the first thing to check is whether that name has been given to someone else. First, you are allotted ‘TM’, which means trademark, and you can start your business with this mark. Over a certain period, if no one objects (like another company or brand claiming that they’re using that name), your ‘TM’ remains. And once the objection period ends, your brand gets registered. Generally, when you see any new name, ‘TM’ or ‘R’ is written, and over time, as the market goodwill builds, people realize it’s a big brand, and no one dares to start a business with that name.
Trademark Usage Among Leading Brands in Kolkata
Many brands today are registered or use the trademark symbol, including several top companies from Kolkata such as ITC, Kutchina, Exide, Emami, Boroline, and Mio Amore. ITC as the most trusted brand for businesses aiming to achieve similar recognition, trademark registration in Kolkata is essential to protect their brand identity. Now, what is the benefits of registration and how is it done?
Look, whatever business you are doing and whatever product or service you are dealing with. There are already thousands or millions of people in your trade offering the same products and services. So, to differentiate yourself from them, you have a name. This name creates trust in the customer’s mind. The first benefit of registering your brand is that customers trust you, knowing that they will receive a good-quality product with the same finishes from you. Your market goodwill builds up, and your product differentiation becomes clear. Even if others make the same product, your product represents a branded product. Along with this, your quality gets recognized. You create an asset because your goodwill is also an asset, just like your tools, machinery, and infrastructure. Your brand name is an asset as you’re earning money based on your name.
The Importance of Differentiating Your Brand
Once your brand’s goodwill is built in the market, you can easily create a franchise, dealership, and distributor network, or lease your brand to make more money. You get a global trademark, and it’s easier to attract people because they prefer working with trusted brands. Even human resources are easier to attract because everyone wants to work with a branded company or deal with branded products. There are thousands of benefits that come with registering a brand.
Building Market Goodwill and Expanding Through Franchising
Now that we’ve talked about the benefits, let’s discuss the legal rights and remedies you get, which make registering your brand essential. You get exclusive rights over that type of product, meaning no one else can use the same name or design. Your brand is protected because you’ve worked hard to build your business and maintain quality, and no one can make similar products under the same name and take away your premium profits. You get exclusive protection rights, and if someone duplicates your brand, legal provisions are in your favour.
Legal Rights and Protection Through Trademark Registration
Once your brand becomes an asset it keeps earning you money. If someone uses your brand you can not only stop them but also sue them for defamation and claim a significant amount of money. If someone uses your registered name, it is considered a violation of your business name rights, as you are the rightful owner. But you can only do this if you register your brand.
Cost-Efficiency and Legal Benefits of Brand Registration
Registering a brand is cost-efficient because people know it’s a registered brand, and if they use it, legal action can be taken against them. So, these are the legal benefits of registering your trademark.
The Trademark Registration Process Explained
Now let’s talk about the process of registration brand name and how to use it in trade. Before explaining that let me answer the question I asked earlier. You went applied for driving license for driving. The Inspector asked you “you know how to drive?”. If you said yes, then understand that you’ve broken the law. Before getting a driving license, you must get a learner’s license. Driving without a learner’s license is illegal.
Avoiding Legal Issues by Checking Name Availability
So your answer should be no. First, I will get a learner’s license, then learn during the learning period, and after that, apply for a permanent license. Only then will my driving license be issued. Remember, the officer could take legal action against you if you don’t have a learner’s license but still drove a vehicle.
Navigating the Trademark Application Process
Why did I mention this while talking about trademarks? Many people establish their business, create an identity, and work hard for many years. When you’re working hard, no one notices. But once your name spreads in the market, and your goodwill builds, someone may object, claiming that the registered brand is theirs and you’re violating it. To avoid such problems, do the same thing as getting a learner’s license before driving. If you want to register a name, first search with the trademark authority to see if it’s registered under someone else’s name.
Trademark Renewal: Keeping Your Brand Protected
If yes, you won’t use that name to avoid future problems. The first step is to search for the name. If the name is available, you file an application, stating your company name, the product you’re dealing with, and under which classification you want to register it. Once you file and submit the application, the examination process takes about 30 days. After that you will receive the trademark. you will see your brand name will be published in the trademark directory. If someone objects within four months and you must reply to the objection. If the person is satisfied, you’ll be eligible for the trademark within seven days, you’ll receive the registered trademark, allowing you to use the ‘R’ symbol.
Remember, a brand’s registration lasts for 10 years, after which you need to renew it. This process continues as long as you keep the name alive. If you want to systematically conduct your business, always apply for a trademark.
For assistance with the process, it’s always advisable to consult professionals like Shree Venkatesh Lawyers & Associates, a leading team of trademark lawyers in Kolkata, to make sure your trademark registration is handled seamlessly and legally.
