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Trademarks ™️

Definition: A trademark is a distinctive sign (word, logo, symbol, color, sound) that identifies and distinguishes goods/services of one business from others.

Purpose: To protect brand identity.

Example: When you see the Golden Arches, you instantly think "McDonald's". That's trademark power!

What Can Be Trademarked? ✅

  1. Words: "Nike", "Coca-Cola", "Tata"
  2. Logos/Symbols: Apple's apple, Mercedes star
  3. Shapes: Coca-Cola bottle shape
  4. Colors: Cadbury's purple color (for chocolates)
  5. Sounds: Nokia tune, MGM lion roar
  6. Slogans: "Just Do It" (Nike), "Thanda Matlab Coca-Cola"

Registration Process 📝

In India: Under Trade Marks Act, 1999

Steps:

  1. Search: Check if similar mark already exists.
  2. Application: File with Trademark Registry.
  3. Examination: Registry checks if it meets criteria.
  4. Publication: Published in Trademark Journal (Opposition period - 4 months).
  5. Registration: If no opposition, mark is registered.

Duration: 10 years (Renewable indefinitely).

™️ vs ® Symbol

  • ™️ (TM): "Trademark" - Can be used even WITHOUT registration. Shows you claim it.
  • ® (R): "Registered Trademark" - Can ONLY be used AFTER registration.

Example:

  • New startup can use "MyBrand™" immediately.
  • After registration, they use "MyBrand®".

Rights of Trademark Owner 🛡️

  1. Exclusive Use: Only you can use it (for registered goods/services).
  2. Sue for Infringement: If someone copies, you can take legal action.
  3. License: You can allow others to use (for money).
  4. Sell/Transfer: Trademark can be sold like property.
Famous Indian Trademarks
  • Amul Girl (Cooperative brand)
  • Air India Maharaja
  • Royal Enfield Logo (Oldest motorcycle brand)
  • Haldiram's (Snacks brand)
  • Parle-G Biscuit Girl

These are worth crores because of brand recognition!

Trademark Infringement 🚫

What is it? Unauthorized use of a mark that is identical or deceptively similar to a registered trademark.

Example:

  • Fake "Adidas" shoes with 4 stripes instead of 3.
  • "Nokla" phones (copying Nokia).

Remedies:

  1. Injunction: Court orders to stop using.
  2. Damages: Compensation for loss.
  3. Account of Profits: Infringer must give all profits made.

Quiz Time! 🎯

Test Your Knowledge

Question 1 of 5

1. Trademark protects:

Inventions
Brand identity (names, logos)
Books and music
Business secrets

💡 Final Wisdom: "Your brand is your promise to your customer. Trademark is the legal shield for that promise!" 🛡️

Next up: Patents - Protecting Inventions! 🔬

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