Clearing five misconceptions about Trade Marks | Trade Marks Myths | Intellectual Property Law

1.        Worldwide Protection

The belief that Trademark Registration offers worldwide protection to the applicant is a misconception and is not accurate. Registering a trademark offers protection within the specified territory where it is registered. To obtain global trademark protection, the applicant must file an application in the specific country where they intend to use the mark.

2.         Infinite Duration

It is a common misunderstanding that a trademark remains registered indefinitely. Nonetheless, it is not so. A trademark that is registered must be renewed every ten years from the date of application. Failure to renew the mark promptly can result in the trademark holder losing their rights.

3.        One-Time Registration Process

There is a misunderstanding that registering a Trademark is a one-off procedure. It is false, the trademark needs active monitoring to avoid unauthorised usage and uphold rights. It must be renewed on time so that it can be used endlessly. The duration for renewal is every ten years.

4.        Registering your business name is equivalent to registering a trademark

Many business owners incorrectly believe that registering their business name is the same as registering a trademark, but this is not the case. A business name is utilised for official tasks, like registering for taxes, contracting workers, and obtaining supplies. A trademark is an officially registered logo that distinguishes a company’s product or service and provides legal defence against others using a similar logo.

5.        Creating a trademark can safeguard your innovation

People frequently mix up trademarks and patents. While Trademarks safeguard brand identity, Patents offer protection for inventions or innovations, both being different forms of Intellectual Property Rights. Each form of protection serves a distinct purpose and necessitates its specific application process.

If you wish to know more about Intellectual Property, kindly visit the below-mentioned links – (i) https://trialstrust.com/what-is-intellectual-property-ip/ and (ii) https://trialstrust.com/india-registering-protecting-trade-marks-ip-law/

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