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In simple terms a trademark is a visual symbol or a sign that is used to distinguish the goods and services offered by one user from those offered by another. Any sign or visual symbol capable of distinguishing goods or services can be registered as a Trademark. The two main characteristics of a trademark are

• The trademark should be distinctive, and
• The trademark should not be deceptive.

The Value of Trademark

Trademarks are always associated with image and reputation of an undertaking or a product. They can be very expensive to create and develop a very expensive loss if the trademark is devalued. When a Trademark is registered it is useful for the trademark owner to use the symbol ® along with the trademark. Similarly, when the trademark owner desires to merely indicate proprietary rights in the trademark the symbol ^TM may be used.

The Purpose of Trademark

The purpose of a trademark is to maintain an exclusive identity of any commodity or any service in the competitive market. It gives an indication to the purchaser as to who the manufacturer is and indicates the quality of the goods to the purchaser. It gives the purchaser a satisfactory assurance with regard to the make and quality of the product. It creates a faith in the mind of the customer as to the genuineness of a certain product or commodity.

In other words trademark generally performs the following four functions:

• Trademark identifies the product and its origin
• Trademark creates an image for the product
• Trademark guarantees the unchanged quality of the product
• Trademark advertises the product

Term of Protection

Trademarks may exist forever. The initial and renewal terms for trademarks are Ten years. The trademark owner must send to the Patent and Trademark Office, a statement that shows the trademark in use.

Trademark Research and Trademark Registration

Those interested in registering a trademark before the Registry of Trademarks should verify and seek clearance on the availability of that particular trademark for registration. This is to ensure that one is not infringing someone else’s Registered Trademark rights. This involves a formal Application to be filed before the Authority and seek clearance. Those interested in seeking clearance from the Authority for registering any trademark may contact the IPM Cell. Any person, who claims to be the owner of a trademark and is desirous of registering the mark, can apply to the Registrar. This is a formal registration procedure conducted by the Registrar of Trademarks, which results in a registration, which can last indefinitely, provided renewal fees are paid. In India the time span for registering a trademark from the date of filing an application is minimum Two years.

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