Importance of Trademark while selling your products on online portals?

Trademark in simple senses could be defined as, “A word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.”[i] And in lieu of the same, Trademark registration for Amazon, Flipkart etc. or for any other online portal is a must formality (governed by Trademarks Act, 1999). Associating Trademark with your products not only gets it to be easily identified, but it also aids the seller as well as buyer to protect them from either selling or buying fake copy or pirated product in the name of the same.

Trademarks Registration in India are most important when we talk about E-Commerce, this is because, when we set-up a Brick and Mortar Shop it will be easily distinguished from other shops, that sells the same product with more or less similar names, as the quantity of such shops are limited, as well as, your physical existence at a particular place acts as Trademark Registration of your Brand. For Example, there are three shops of sweets whose names are “Bahadura Sweets”, “Bahdura Sweet” and Bahadur Sweets”. There are chances of being deceived by the names, in spite of this “Bahadura Sweets” have took over that place’s market, because at that place everyone knows his shop by the one indicated that an “old man with big spectacles and white beard” sits at the counter, and this acts as a trademark or distinguishing feature between these shops.

This distinguishing feature is not available when we opt online platform for conducting business, and the only option that is available for you to make your brand and product easily identifiable and distinguished from others is to Trademark your brand. Following this notion, the significance and importance of Trademark registration for Amazon, Flipkart or any other online portals is discussed below:[ii]

  • Trademarks are an effective tool of communication.

It conveys both intellectual and emotional attributes and information about you, your company, your company’s reputation, products and services. Thus, it is necessary to Trademark your Brand, as it also provides a clear picture of your notion about your consumers too.

  • Registered Trademarks act as identifiers.

As it is known that Cyber Space (marketplace) is overcrowded by unlimited sellers and it’s hard to distinguish your business from your competitors. Trademarking your brand helps you to capture your customer’s attention which will make your business, products and services stand out as against your competitors. For the same, it is regarded as an efficient commercial communication tool to attract costumers to opt for your business, products and services.

Customers after viewing a trademark immediately get to know about, with whom they are dealing with, the reputation of your brand and furthermore, are less likely to look for alternatives and sometimes just your Trademark could be the critical factor in driving customer’s decision to purchase your brand.

  • Trademarks allow effective utilization of Internet and social sites.

The first thing customers enter into a search engine or social media platform (Facebook, Twitter, Pinterest) when looking for your products and services is your Trademark, which helps you to expand your business as well as helps you to advertise your brand on a world-wide platform. It is said that, Higher traffic (various people searching your Trademark) on a website or social media platform translates into higher rankings, which ultimately brings more traffic, more customers and more brand recognition.

  • Registered Trademarks are valuable asset.

They have a unique quality of being multiplied in value over a period of time. The more your business reputation grows, the more valuable your brand will be.

Trademarks provide value beyond your core business. They lead the way for expansion from one industry to another, such as from manufacturing watches to clothing or artefacts. Trademarks are a property asset, similar to that of real estate, which can be bought, sold, rented, leased or can be used as a security interest against a loan to grow your business.

  • Trademark Registrations in India creates as well as bring employment opportunities.

Brands have charismatic power which induces positive feelings in people’s minds. As a result, employment opportunities are more attractive to candidates. Trademarks contribute in low turn-outs of Employees’ because of having positive feelings for the brand and the products and services they offer.

  1. Trademarks never become obsolete.

One of the main characteristic of the trademarks are it’s never expiring nature, as long as you are using the same. In lieu of the same, some of the most recognized brands recorded in the history of Intellectual Property Rights are

  • Pepsi-Cola registered in 1896
  • Mercedes registered in 1900.

Therefore, trademark registration of your Brand is important to avail these benefits and to secure your goods and services.

Because, brands are a critical asset. Before registering your Trademark, please be diligent to make a search and opt for a Trademark which is unique in itself as well as doesn’t infringe anyone’s prior rights. Failing to do so can lead to denial of registration by the appropriate authority and in some cases, it can end up in litigation (filed by another brand owner for infringing his Trademark right).

In relation to the same, while Trademark Registration of your brand always keep in mind that the more you differentiate your brand from others in your industry, the easier it’ll be to protect yourself. Hence choose a name and logo that distinctly identify and differentiate your business, because one small mistake can become a life-long chronic problem. So, get in communication with the IPR experts for Trademark Registration for Amazon, Flipkart etc. who can fulfil your needful requirements and help you to comply all the formalities. To get your Trademark Registered in India consult Company Vakil today.