Trademark – The Frontline Defense of Your Business

You or your business has a specific identity as a brand, which you build with a lot of care. It is only right that you protect this identity from being encroached upon. A trademark is your tool that helps the protection of your brand identity and reputation in the marketplace. Having a trademark means you are protecting all your brand assets legally. This would mean that your brand name, logo, slogans or taglines and any other symbol that you have chosen for your brand, remains exclusive to your brand. These things will be considered as the mark which distinguish you from your competitors. Without a trademark, your brand becomes vulnerable to imitation, dilution, or infringement. In simpler words, if you do not have a trademark, all your assets will be freely reused by others which will have negative impact on your brand. You could say, your brand may go into a state of ‘identity crisis’!

Benefits of Trademarks:

A trademark is capable of providing you with more than one advantages. As a business owner it is crucial you know them and give your business a firm foundation.

Brand Protection: The most important advantage you can enjoy when your business is trademarked is its exclusivity. Once you have a registered trademark, you alone, as a business entity have the right to use your logo, name, or symbol. If you find anyone else using the same without your knowledge or consent, you do not need to hesitate before you see them in the court.

Case Study

A classical real-life example of this could be cited with the Parle Products Pvt. Ltd. vs. JP & Co. case. Though this incident took place way bak in 1961 yet the protection a trademark can provide to your brand was strongly established. Parle company notices that JP & Co. used a wrapper that was similar to them; the former did not waste time but appealed to the court based on the trademark rights they had. The Supreme court took a decision in favor of Parle and the other company was asked to stop using the wrapper immediately.

Customer Trust: Attaching a trademark involves some investment, and it is this that instills a sense of trust among consumers. They believe that a business which has a trademark is more reliable than one which does not. This is a great way for you to outshine your competitors. Consumers are more likely to trust a brand they recognize. Trademarks make your business memorable and differentiate it from competitors.

Case Study

This case of Cadbury India Ltd. vs Neeraj Food Products sits a befit example of reinstating customer trust. In 2005, Cadbury found that Neeraj Food Products was selling a product under the name ‘James Bond’ which was a copy of the very popular ‘Gems’ trademarked by Cadbury. The Delhi Court took a prompt decision and said that this was clearly a trademark infringement case which was to cause confusion among the customers. The case was closed with a judgement in favor of Cadbury. This fight of Cadbury distinctly reveals the importance of customer trust to them and the length to which they would go to maintain that trust.

Asset Value: A trademark is not something that will add value to your business in the present times, but also in the future. Over time, a trademark can become one of the most valuable assets of your business, especially if the brand becomes widely recognized.

Case Study

To understand this better let us take the case of Nike in 1971. Nike launched their ‘Swoosh’ logo and it soon become one of the most popular trademarks. It signified innovation and quality in sports-wear. The loyal customers immediately knew it was Nike when they saw ‘Swoosh’ and were ready to participate in their invitation to become co-curators. This trademark stunt brought in a good turnover to the company and clearly added more value to it.

Legal Recourse: This is perhaps the most vital advantage of having a trademark. In case of infringement, a registered trademark gives you legal backing to protect your brand from unauthorized use. That a trademark is a legal tool for all registered companies can be understood better by the numerous court cases fought time and again by trademark holder companies. Some such examples are:

Case Study

1. Coca-Cola vs. Koke – In 1916, Coca-Cola fought a legal battle with a company selling a similar drink called “Koke.” Coca-Cola’s registered trademark allowed it to win the case, maintaining its dominance in the soft drink industry.
2. McDonald’s vs. McSleep Inn – In 1988, McDonald’s successfully sued a small company attempting to name a motel “McSleep Inn,” citing the trademarked “Mc” prefix associated with their fast-food empire.

Consequences of Not Having a Trademark:

Creating one’s identity takes years, but with a trademark you can easily do that for your business without much hassle. That is reason enough for you as a business owner to consider getting a trademark. For without a trademark, your business is always at risk of losing its identity. In 2012, a small company “Red Hen” faced issues when a restaurant with the same name opened in another state. Since they hadn’t registered their trademark, they had little legal ground to defend their brand from confusion or dilution.

It is no wonder that Apple Inc. one of the most reputed brands has their trademarks in place. Apple’s iconic apple logo and its name are heavily trademarked. This protects the tech giant from knockoffs and allows it to maintain a premium image for its products.

Another case of Burger King, one of the globally recognised fast food chain came to the forefront in Australia. The fact that a trademark can protect your brand from any infringement was exemplified with this incident when the other the attacking vendor was forced to sell their product under the name ‘Hungry Jack’s’. The trademark acquired by Burger King protected its reputation and value.

I think the above real-life examples are proof enough for you to now understand the importance of having a trademark for your business. Thus, whether you’re a large corporation like Nike or a small business, trademarking your brand is vital for long-term success. So, don’t wait any longer, follow Hyrrokkin, which has gone an extra mile in acquiring trademark in several sectors which gives them the leverage to enter into various sectors without any hesitation and expand their business.