Generally speaking, a trademark.is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. It includes a mark that identifies a service of party and distinguishes it from the services or other parties.
Legally, in terms of the Trade Marks Ordinance, 2001 a trademark includes a device, brand, heading, label, ticket, name including person name, signature, word, letter, numeral, figurative elements, colour, sound or any combination which is capable of being represented graphically and is capable of distinguishing goods or services of one party from those of other parties.
Why Trademark Registration?
Suppose you are providing a useful product with unique features and benefits and the product is selling in the market like a hot cake. People know your product and specifically demand that product from retail outlets or from online portals. This means a large number of customer and increased revenues and profits, Of Course?
SURE, if your product is not being counterfeited or sold with misleading identity, YOUR TRADEMARK. But there are people who want to get undue benefit from your brand. Your product would be under a threat from competitors who provide a low-quality product using your brand identity because they know YOUR BRAND SELLS.
SO, to save your brand from being mis-used by unscrupulous elements within the industry, you need to register your trademark in Pakistan (and other countries if you export your product).
Benefits of Trademark Registration
If your trademark is registered, you get many benefits and legal protection that secures your investment in the product.
You Get Trademark Registration Certificate
Once you, after completing all the legal formalities, get trademark registrationis from the Registrar of Trademark, you will get a certificate of registration issued by the Registrar. This certificate will be a proof of your trademark registration and will notify the public and government bodies about your ownership of the trademark. This will give a legal footing to sell the product.
Trademark Registration Enhances Brand recognition
If you are using a registered trademark, you can use it without any fear of any claim from any other seller (unless he also has a registered trademark). The representation of your trademark will create brand recognition, resulting in increased sales, revenues and profits.
Trademark Registratoin Builds an Asset of Value
Do you know a registered trademark is a property, intellectual property? You own it, it has value and you get paid for it if you sell it or permit others to use it through a license. The more your brand gets recognition the more its value increases and keeps going.
Trademark Registration Increases Customer Confidence
If you register your trademark, it will increase customers’ confidence in your product being a useful and genuine product. The products’ recognition gained through the trademark registration will give you more loyal customers.
Trademark Registration Prohibit Others from Using the Trademark
Your registered trademark will give you an edge over other sellers because none of them will be able to sell the similar product with an identical or similar name. Your product marked with your registered trade mark would only be sold by you. Any other seller using a trademark identical or similar to yours will be in violation of law and you will be able to stop them from using the confusing trademark.
Trademark Registration Gives You Legal Protection
Trademark registration will provide you legal protection. In case any one uses an identical or similar trademark to grab your market share, the law will help you to stop others. The recognition and customer loyalty you gained will benefit you only and not others.
Trademark Registration Help you Get Injunctions and Damages
If someone sells their product by using an identical or similar trademark, confusing the customers about your product, you will have the right to get a restraining order from a court. In addition, you can claim damages from the party who uses a trademark identical or similar to yours. Isn’t it a win-win situation.
If you have reached here, it means you are now aware of the benefits of the trademark registration for your business and brand. SO, why to miss those benefits. Let’s move for your trademark registration and register your trademark at the earliest, even before you start your business.