Most Common Myths of Trademark Registration
A registered Trademark is a kind of intellectual Property Right that provides the exclusive usage rights to the owner. In today’s era of cut throat competition it has become vital to obtain the Trademark Registration for the Business irrespective of the size of business. Considering the benefit of trademark registration today more and more people are drawn towards getting the Trademark registration. However, despite of the wide popularity there is still a lot of ambiguity among the people regarding this procedure. There exist number of myths about the Trademark registration that create hindrances in the minds of people for getting the trademark registration. In this blog we will be taking a look at the most common myth of Trademark Registration.
Trademark Registration is an expensive Procedure – Many people have this misconception that the procedure of Trademark Registration is very expensive. There is a specific amount of money that is very low for getting the Trademark registration. When the name chosen by you is unique there are no objections involved which make the procedure simple and cheap. Thus, you can reduce the trademark registration cost by choosing a unique name.
There is no difference between Trademark and company name- Company name is the name of the organization that is mandatorily registered at the time of incorporating a company. While, trademark is a brand name under the company that is associated with its products and the services of the company. For instance Hindustan Unilever Limited is the company name while it has many brand names under it including dove, Lux, Liril, Surf Excel etc.
Trademark Registration is not for small business– Many business units have this belief that trademark registration is required only for the big brands and if they have a small business they do not require Trademark registration. To get cleared off with this misconception firstly we need to understand that the trademark registration is required to be obtained in order to gain the protection for the brand name and gain exclusive usage rights over it. Small business units also have a brand name associated to their product which they need to protect. Protection of brand name is important for both the small business and large business units to maintain their uniqueness.
I have searched my brand name on google no similar brand name is there – Many people who do not possess the professional knowledge feels that there name is unique as they have searched on google and no similar brand name exists. However, the real thing is that in order to obtain the trademark registration the search should be undertaken on the registry website to take a look at the trademark database that contains the details of all the brand name applied, objected, accepted, rejected etc.
Only the registered mark have the Rights- Many people have his misconception about trademark that trademark rights are only reserved for the people who have trademark registration secured in their name. However, the trademark rights are given under the common law to all the marks as soon as the mark is in use commercially in connection to the business advertisement or sale. Wherever the brand is commercially in use only the user rights will be limited to that geographical area and claiming rights is also difficult as the burden of proof is higher.