{"id":26512,"date":"2021-02-25T15:33:35","date_gmt":"2021-02-25T10:03:35","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=26512"},"modified":"2021-02-25T15:33:37","modified_gmt":"2021-02-25T10:03:37","slug":"importance-of-trademark-underlining-company-and-design-registration","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/importance-of-trademark-underlining-company-and-design-registration\/","title":{"rendered":"Importance of Trademark Underlining Company and Design Registration: An overview"},"content":{"rendered":"\n<p class=\"has-drop-cap\">A Trademark\nis an Intellectual Property Right consisting of recognisable signs, designs and\nexpression which identifies any particular service or product of a business.\nThe protection is given to that certain name, symbol or words that will be used\nin relation for a good or service. <\/p>\n\n\n\n<p>The major\nimportance of trademark is to permit individuals and companies to designate the\nfoundation of their own goods or services and to make a distinction from the\nother goods and services in the business.<\/p>\n\n\n\n<p>Section 2(d) of the Designs Act, 2001 defines design as the features of a shape, pattern, configuration, composition or ornamentation of lines or colors applied to articles. Therefore, the importance of trademark underlining company and <a href=\"https:\/\/corpbiz.io\/design-registration\"><strong>design registration<\/strong><\/a> is a broader area serving various advantages to the Company.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Importance of Trademark Underlining Company<\/h2>\n\n\n\n<p>&nbsp;Trademark is another word for a brand or brand name. Theoretically, if a particular mark is connected with a particular service then it is called a &#8220;service mark&#8221; but importance of trademark is usually referred to both the marks linked with services and goods. &nbsp;It gives recognition to the company and constantly affects the purchasing decisions of the consumers. The main importance of <a href=\"https:\/\/corpbiz.io\/trademark-registration\"><strong>Trademark registration<\/strong><\/a> is to give protection to the company\u2019s name, symbol, slogan, or any device that makes the company identity different in the market and differentiate the company\u2019s business or product from others in the industry. <\/p>\n\n\n\n<p>So, if\nonce any company has registered its trademark and then if someone else makes any\neffort to use the similar mark so as cause deception in the market and confuse\ncustomers, then the company as the right to legally protect its own mark.<\/p>\n\n\n\n<p>Company is a separate legal entity and can be registered under the Companies Act, 2013. The registration of company ensures the business, ownership and other transactions.&nbsp;Importance of trademark underlining company includes:-<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter is-resized\"><img decoding=\"async\" src=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2021\/02\/Importance-of-Trademark-Underlining-Company.png\" alt=\"Importance of Trademark Underlining Company\" class=\"wp-image-26554\" width=\"441\" height=\"621\" srcset=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2021\/02\/Importance-of-Trademark-Underlining-Company.png 511w, https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2021\/02\/Importance-of-Trademark-Underlining-Company-213x300.png 213w\" sizes=\"(max-width: 441px) 100vw, 441px\" \/><\/figure><\/div>\n\n\n\n<h3 class=\"wp-block-heading\">Trademark Makes it Easy for Consumers to Find the Company<\/h3>\n\n\n\n<p>The importance of trademark is that it distinguishes the product and services from that of the competitor and let the consumer decide the quality and authenticity of the particular company. As because trademark gives goodwill to the company, it is one of the reason consumers get attracted because they feel the product and services to be reliable.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/protect-android-applications-with-the-help-of-trademark-registration\/\">How to Protect Android Applications with the Help of Trademark Registration?<\/a><\/mark><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Trademark Prevents the Market Confusion<\/h3>\n\n\n\n<p>The\nmajor importance of Trademark is that it gives the consumer the convenience to\nidentify the company\u2019s logo, slogan, design, or other origin which allows the\nconsumers to decide the product or service they would particularly wish to\npurchase or to keep away from purchasing. The consumer feels the need to have\nknowledge and information about the particular brand and then they stick to\nthat brand.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Trademarks are Very Economical &amp; Efficient Communication Tool<\/h3>\n\n\n\n<p>A\ntrademark has so many benefits in a single brand name or logo. The importance\nof trademark is that it gives the impression about the company\u2019s strategic and\nemotional side, the company\u2019s reputation, the company\u2019s products and services,\nhow the company considers the Consumers lifestyle, choices, and desires. <\/p>\n\n\n\n<p>The advantage and importance of trademark can work efficiently across boundaries even with different cultures and languages. Examples like <strong><em>McDonalds<\/em><\/strong><sup><a href=\"https:\/\/www.mcdonalds.com\/us\/en-us.html\"><strong><em>[1]<\/em><\/strong><\/a><\/sup>, Reebok, and etc logo.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Importance of trademark as a Long Term Asset for The Company<\/h3>\n\n\n\n<p>When\nthe product of the company is recognised in the market, it gains a long term\ncompetitive advantages in the market. The consumers rely and choose that\ncompany.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Importance of Trademark underlining Design Registration<\/h2>\n\n\n\n<p>The\nregistration of design under the Designs Act, 2000 gives exclusive right to the\nfeature, shapes of the product and the patterns used on the product, the\nconfiguration, or&nbsp;composition&nbsp;of&nbsp;colours and lines when they\nare applied to any product or article in two- dimensional or in three-dimensional forms which is\nvisible to the human eye.<\/p>\n\n\n\n<p>For\nthe registration of the design, it must be a new and original design and that\nit must not be published previously and also must fulfil other essential\ncriterion particularly laid down in the Designs Act, 2000. Furthermore, the\nDesigns Act, 2000 excludes these from the definition of a design: a) Anything which\nis a trademark; and b) That which is a mechanical device.<\/p>\n\n\n\n<ul><li>A\nparticular product\u2019s shape may be registered as a trademark and as well as a design.<\/li><li>The\nregistration under both the trademark and design can be done as per the\nrequirement and reasons which should abide by the principles of law evolved\nsince years and from a vigilant study of the two statutes.<\/li><li><strong>Two\ndimensional aspects&nbsp;<\/strong>\u2013\nas because a design evidently excludes a trademark from its scope, but the\nTrade Marks Act, 1999 does not exclude a design under it as the shape of the\nproduct is always three dimensional<\/li><li><strong>Three-dimensional aspects<\/strong>&#8211;&nbsp;In the 3D\narea things become a bit difficult and the lines between a trademark and design\nbegins to fade. As because a three-dimensional shape can be protected under\nboth the Acts, there are few issues which an owner has to deal with so as to\ndecide whether to register under design or trademark.<\/li><\/ul>\n\n\n\n<p>The importance\nof trademark underlining design\nin India is that the two of them function without any interruption. This is mainly\nbecause of the kinds of pattern of the product, its lines or the colour composed\nwhich has been used as a trademark cannot be registered as a design by reason of\nthe legal bar in Section 2(d) of the Designs Act, 2000.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n\n\n<p>Therefore,\nit is significant to know the importance of trademark in company and design\nregistration. It is essential for company to get registered for its legal\nfunctioning so as to register the brand name, logo, symbol, slogan of the\ncompany under trademark. The importance of trademark is that it gives protection &amp; can bring more\ncustomers to the company and increases the goodwill of the company. <\/p>\n\n\n\n<p>At the same time, it is to be remembered that design excludes trademark but trademark does not exclude a design. Therefore, if one claim designs and trademark rights on the same feature of the product, then the design right may get extinguished. Thus, because of this constant stir it is important for the right holders to be cautious while registering and enforcing their rights under such an overlap area of trademark and design.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/advantages-of-trademark-registration\/\">10 Invaluable Advantages of Trademark Registration <\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Trademark is an Intellectual Property Right consisting of recognisable signs, designs and expression which identifies any particular service or product of a business. The protection is given to that certain name, symbol or words that will be used in relation for a good or service. The major importance of trademark is to permit individuals [&hellip;]<\/p>\n","protected":false},"author":33,"featured_media":26552,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2],"tags":[1562],"acf":{"service_id":"18"},"authorName":"Kandarp Vanita","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2021\/02\/image_2021_02_01T09_09_44_024Z.png","authorDescription":"Kandarp Vanita has done masters in Corporate and Commercial Law from WB National University of Juridical Sciences. She has 3 yrs of experience in drafting legal documents &amp; dissertations. Being a curious reader, she is also passionately into providing legal backups and comprehensive understandings in every aspect of Law to the firms.","postViews":4157,"readingTime":4,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/26512"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/33"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=26512"}],"version-history":[{"count":7,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/26512\/revisions"}],"predecessor-version":[{"id":26555,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/26512\/revisions\/26555"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/26552"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=26512"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=26512"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=26512"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}