™ Registration

Trademark:

A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.

The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.

As per the Trade Marks Act, 1999 as, "trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours." A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any such combinations.

Historical Background of Trademark:

The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offence to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. In 1875, the Trade Marks Registration Act was passed which allowed formal registration of trade marks at the UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trade mark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as 'a device, or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or a distinctive label or ticket'

Trademark Symbols:

A trademark may be designated by the following symbols:

Symbol Description of Symbol Meaning of Symbol
the letters "TM" in superscript Means an unregistered trademark, a mark used to promote or brand goods.
The letters "SM" in superscript Means an unregistered Service mark, a mark used to promote or brand Services.
® The letter "R" surrounded by a circle Means a Registered Trademark, a mark used to promote or brand Goods/Services.

Important of Trademark for your business

A powerful communication tool

You name and logo is the way you reach your customers and convey to them the intellectual and emotional attributes of your brand.

Serve as links between you and your clients

The market is crowded, and new companies pop up every day. Your trademark is what makes it easier for customers to set you apart from other brands

Help to utilize the Internet and social media

Customers enter brand names into search engines. The more recognizable your trademark is, the more traffic your website or social media page will get bringing in even more consumers

A valuable asset

Your brand name and logo are your intellectual property asset that can be sold, bought, licensed and even used as a security interest if you want to take a loan in a bank. Contact our Colombian trademark office to register your brand and start reaping the benefits.

Simplify the hiring process

If your brand evokes positive feelings in people’s minds, employees will flock to you rising your opportunities to hire the most attractive candidates.

Usage and Infringement:

A trademark identifies the brand owner of a particular product or service[6]. Trademarks can be used by others under licensing agreements. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action.

For Example:

  • 1) Bullyland obtained a license to produce Smurf figurines.
  • 2) The Lego Group purchased a license from Lucasfilm in order to be allowed to launch Lego Star Wars.


In India the scenario of infringement cases is gradually and significantly emerging as the market competition is collar to collar. Creating and brand and then protecting it, the entrepreneurs are keen and possessive about it at every stage of their business. Even a startup owner or an individual today is making sure that his creation is well protected in the market . So as the government, making sure at another level that people finds all the procedure easy and hassle free.

When it comes to Intellectual Property Rights, We don’t take Chances.
What About you?

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