Trademark For Whom & Why
Every Business is different as each business caters to a different set of requirements. So how each business sustains itself will also be different. Talking of sustenance also means protecting one’s business and this is where the whole concept of trademark becomes relevant. As trademarking protects one’s business by preventing any attempt to create a proxy for the Brand name owned by a Business entity.
Below are the types of businesses which should deliberate to file some part of their Brand Identity be it corporate, trade or product names as trademarks. When considering trade mark applicants, one should always keep in mind that only 70% of all listed marks are “words”, 20% are about font style, while only 10% are pure artwork. Below are the Various types of Business entities that would need to file or record “words” as this is the most ignored area as regards trademarking. THE OTHER NAME: There are many companies which are famous because of their brand name which is quite different from their actual official name. The brand name can be a short version of their otherwise actual or full name. Infact the brand loyalty & brand popularity is more due to the “KNOWN AS ” name. A good example is Kentucky Fried Chicken who are KNOWN AS KFC. KFC is a registered trade mark. BRAND NAMES: When sales happen due to the brand name & not by the supplier’s or manufacturer’s name. For example, “Maggi” Noodles is what customers search for while buying instant noodles and not Nestle which is the owner of Brand “Maggi” instant noodles. So, the brand name carries more goodwill than the “name of ownership” therefore the ‘Brand names’ are more eligible for trademarking than their manufacturers name. FRANCHISORS: There are some businesses that loan their “Brand Name” to be used by another business entity and which is more commonly known as “franchising”. Franchising is a sure candidate for trade mark registration. The Franchise owner of a mark has the right/option to register, and cancel, any contractual parties as Registered Users of his mark. IMPORTERS: Many distribution Companies get local marketing rights to a product which is either not manufactured or never been sold and so the distributor company needs to bear the cost to promote the BRAND NAME when done outside the country and create goodwill in the local market where it is to be launched. Trademarking protects the importer/distributor which can take legal action in case the exporter sells his products directly. EXPORTERS: Many foreign countries permit marks that are registered in one’s own country to be registered abroad. Once the marks are registered it is well insulated against foreign exporters who wish to compete in the same market by providing a competitive product abroad. Customs Dept. can disallow the entry of any product into another country that may breach on the rights of a trade mark owner. TRADE BODIES HAVE PROFESSIONAL ASSOCIATIONS: Many business houses & trade bodies have Professional Associations which have enabled a set of High standards which their patrons are obliged to maintain. The names of such trade or commercial associations may not be eligible to be registered as trademarks but the logos or symbols used to represent them certainly get registered as marks. NON-MANUFACTURING COMPANIES: Companies offering services like restaurant, transportation or companies offering any other service and that which is not involved into manufacturing is highly ignored, Infact it is the one that needs the maximum protection as they do not have a product to protect but they have the goodwill that deserves a reputation that must be protected. ENTERTAINERS:
This is the most Vulnerable of all, since the entertainment industry as a service provider often gets caught in legal piracy battles etc. and their creative work or service is always on the verge of getting easily duplicated. PUBLISHERS: Print media or Electronic media including software needs to trade mark the name or title of its works else there is threat from other duplicating Channels of their original work.