Trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore is protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999.
To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognise the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.
Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.
What is a Brand Name?
Brand name provides an aid to the consumers in identifying and differentiating product from another brand. Brand name is very essential in depicting the key theme of the product. It attracts the customers very efficiently and effectively and also in an economical manner. It is a name that is given by the manufacturer to his product to distinguish it from other manufacturer. These names are considered to be the effective marketing tools which generates brand loyalty and establish consumer awareness.
Brand can be any name, term, design, logo, symbol, etc. used in a business for marketing and advertising its product or service. Through the brand name, it becomes convenient for the consumers to remember the product of a particular brand. Brands consist of various elements such as name, logo, tagline, graphics, shapes, colors, sounds, scents, tastes, movements, etc. Communication of Brand name is possible through various means such as advertising, sales promotion, direct marketing, personal selling, public relations, etc.
There are basically two main purposes of a Brand name such as:
- Identification- Brand name helps in creating difference between a particular product from other similar or like brands.
- Verification- To validate that a product is the genuine one.
What are the features of a good brand name?
- Distinctive– A strong brand name should be distinct from other brands and such distinct brand name avoids confusion among consumers and stand out of competition. This type of symbol is easy to remember.
- Authentic– A brand name should be authentic and it should represent its mission, vision and core values. It is more important to maintain authenticity of the product than ever before.
- Memorable– A Brand name should be such that it can be easily remember by consumers. It should be simple, easy to pronounce, and such be easily spelled and searched.
- Suggestive– A Brand name should be suggestive of its quality, superiority or great personality.
- Simple and easy to pronounce– The brand name selected should be easy and simple so that it can be easily understood by every class of people and pronounced by the consumers speaking any language so that it can become popular among all.
- New and attractive– A brand name selected should be unique, new and attractive and which is not used by any other company.
- Should not be obscene– Using of obscene word, symbol or sign in the promotion of brand name shall spoil the market image and reputation of the brand in front of people.
Brand registration in India
- The first and foremost step is to decide a unique Brand name for the product and service that a company tends to offered. It should be distinctive and unique in nature. Choosing a Brand name is not a plum job. It requires a lot of Brain efforts to select an appropriate name for a product or service.
- There are various types of Brand name that can be registered in India; hence applicants have a variety of option to choose a Brand name. Therefore, to choose a Brand name one must carry out a search on the Brand name which is available with the registry and such Brand name must be unique and does not match with any other Brand names.
FAQs
Types of Brand name that can be registered in India?
- Descriptive Brand names– These are the names through which service offered by the company is easily described in a descriptive way. Such Brand names are complete and simple and does not leave any space for creativity. Descriptive brand names cannot be used in diversification of business or product line but such brand names are clear which describes the Brand in an effective way to an audience. The examples of such Brand names can be General Store, General Motors, etc.
- Evocative Brand names– These types of Brand names are quite unique and creative and helps in describing powerful story of a Brand to the audience. These names are generally easier to trademark. For example- Amazon, Nike, Apple, etc. are considered to be the Evocative Brand names.
- Invented Brand name– These Brand names are used for the products which are new and first in the market. These Brand names are not easy to invent but easy to remember if clicks with the Brand. Huge expenses are incurred to create a meaning in the minds of the customer. Examples of such type of brand names are Kodak, Xerox, etc.
- Lexical Brand names– These Brand names are combination of many compound words, spellings, other names, etc. Using such combination is the most popular styles of naming this Brand. This type of Brand names is very clever in creating an impact in the minds of consumers. The examples of such Brand names can be Coca-Cola, Burger King, etc.
- Acronym Brand names– This type of Brand name is quite ancient and historic. These are generally hard to remember and difficult for the consumers to pronounce or understand the meaning of the brand. This kind of brand names are not very effective. These names are harder to trademark. The examples of such Brand names can be IBM, BMW, HP, etc.
- Geographical Brand name– These types of brand names depend upon the basis of their origin. If a company wants to expand its business in different region or country or states, then it will be quite difficult for them with the geographical brand name. Adaptation of brand name is also harder for other areas. For example- American Express, New York life, etc.
- Founder Brand names– These brand names are usually associated with the name of the founders. They can be easily trademarked and are quite distinctive in nature. These brand names are less common these days. Some of the examples of same are Ford, Calvin Klein.
How do I register a company or brand name?
To register a company or brand name, you need to follow different processes. Registering a company involves the Ministry of Corporate Affairs, while brand name registration falls under the Trademark Registry. Each process has specific requirements and forms. Professional assistance ensures a smooth and accurate registration for both.