What are Trademarks? Here's the Complete Explanation!

Rimuri
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In the business world, a number of traders pin their brands on the goods or services they market. That way, consumers can easily recognize the company's products.

trademark is defined as a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in 2-dimensional and/or 3-dimensional form, sound, hologram, or a combination of 2 or more of these elements to differentiate goods produced by persons or legal entities in goods trading activities.

In other words, trademarks are used on goods that are traded by a person or several people together or a legal entity to differentiate them from other similar goods. Trademarks are also used with the aim that consumers are not confused, make the wrong choice, and make it easier to identify the product/item to be purchased.

For example, in Indonesia there are many types of mineral water that are sold, to differentiate these mineral waters, different brands are used, such as Aqua, Nestle, Le Mineral, Vit, etc. But, what exactly is a trademark? Here's the Explanation.!!

What are Trademarks?


What are Trademarks? Here's the Complete Explanation!

Trademarks are trademarks, and this statement is true. A trademark is a unique symbol, word, phrase, image or design used to identify a company's products or services. Trademarks help identify the origin of a product or service, and differentiate it from products or services provided by other companies.

Surely you often see various kinds of brands or symbols of fashion products as well as types of food and drinks being sold on various platforms. Of course, this is used to differentiate products from several other companies. This can also be a competitor because of certain designs or motifs that make consumers choose and recognize products that have been tested and recognized for their quality from various experiences.

If it is concluded, of course the answer is correct, Trademark in English terms which means a trademark is a certain symbol, name or logo used to identify or differentiate a product from a company with other products of its own uniqueness, this product will also be marketed through trademark and of course it meets legal requirements to prevent other people from arbitrarily using a similar brand without permission or commonly referred to as copyright.


Once registered, the trademark registration process in each country gets exclusive rights to use the mark and can take legal action against parties who copy their trademark without permission.

It doesn't end there, in this article we will explain in more detail about how to register a trademark, the meaning of the symbols on trademarks, the importance of protecting trademarks and there are several examples of well-known trademarks.

Besides me explaining what a trademark is here, I will also explain some of the symbols that are on a product, for example TM, SM, and R. Of the three symbols, they have different meanings, for TM it means an unregistered trademark, SM for service marks. which are not registered, and finally there is R, which is a registered trademark.

Now, of the three symbols I have explained one by one, have you ever seen any of the products you have purchased have one of these symbols? if you haven't and anyone is curious, you can check it.

Trademark Characteristics


Trademarks have several characteristics that must be met in order to be given legal protection. Some of these characteristics are:

1. Distinctiveness (Unique)


Trademarks must have certain uniqueness that is used to create a product. The more unique and distinctive a brand is, the easier it is to be protected, recognized and sought after by many consumers. Because in terms of the uniqueness of a brand can be a differentiator and useful to attract more people to buy the product.

2. Non-Descriptiveness (Not Descriptive)


Trademarks may not be descriptive or directly describe the products or services offered to consumers. For example, the “Delicious Taste” brand for food will be difficult to protect because it is too descriptive so that people are less interested in such a brand. It is advisable to use a quality brand.

3. Non-Confusing (Not Confusing)


Trademarks must not be confused with other pre-existing trademarks. This is known as the risk of confusion or trademark infringement such as copying nearly identical marks.

4. Non-Deceptiveness


Trademarks must not mislead consumers or make false claims about the products or services offered.

Trademark Registration Process


The trademark registration process involves several steps to ensure maximum legal protection as follows:

1. Trademark Search


Is a trademark search to ensure that the mark you want to register has not been used. This search helps avoid potential infringement of existing trademarks.

2. Trademark Application Filing


After searching and ensuring that no one has used or registered the mark, the next step is to submit a trademark application to the authorized institution or agency.

3. Application Inspection and Assessment


The competent authorities will review trademark applications to ensure that they meet all legal requirements. The check includes an assessment of uniqueness, description, and potential for confusion with other trademarks.

4. Opposition Publication and Determination


Once the application is found to be compliant, the trademark will be published to provide an opportunity for other parties to submit an opposition if they feel their rights are being threatened by the registration of the trademark.

5. Trademark Registration


Trademark registration is an important step to strengthen and protect intellectual property rights. By registering a trademark, the owner gains benefits such as increased brand value in business acquisition situations, legal protection from unauthorized use by others, and ease in proving trademark ownership.

If there is no opposition or the opposition is rejected, the trademark will be officially registered and the brand holder will receive a certificate of registration as proof of the exclusive right to the mark.

Why Is Protecting Trademarks Important?


Protecting trademarks is a very important step for companies or brand owners to secure exclusive rights to the brand and avoid unauthorized use or theft of brand identity by other parties. In addition to exclusive rights, trademarks also give their owners the right to file lawsuits against those who use them without permission. Here are some reasons why protecting trademarks is important:

1. Product Identification and Differentiation


By having a registered trademark, companies can prevent others from using their brand identity without permission or trying to exploit it for their own benefit.

2. Build Reputation and Consumer Loyalty


A strong trademark helps build a positive image and reputation in the eyes of consumers. When consumers have a positive experience with a product or service, they are more likely to re-purchase the product or recommend it to others, so that's where sales of the product increase.

3. Business Expansion


Business expansion is a strategy used by a company to expand its operations in a new market or a wider area. Expansion can be done by opening new branches, acquiring other businesses, or expanding the range of products or services. Trademark protection also allows companies to easily expand their business to a wider area or market.

4. Facilitate Marketing and Promotion


Well-recognized trademarks can facilitate marketing and promotion efforts. Consumers will more easily recognize the brand in advertisements, brochures and other promotional campaigns because it has gone through a process of recognition and positive evaluation in the market.

In addition to the explanation above, of course we are no strangers to several examples of trademark products that are widely known by many people and are recognized as successful, for example, Coca-Cola, Nike, Air Jordan, Apple, Starbucks, McDonald's, and others.

These brands have succeeded in building a strong identity and mastering the global market system. In order to protect their trademarks, many large companies have legal teams that specifically deal with trademark protection and enforcement of brand rights.

Trademark holders also often supervise the use of their trademarks online and offline to avoid brand infringement. For this reason, it is important for every company or individual who owns a product or service to consider the importance of trademarks and protect their brand rights through registration and wise use.

In this way, trademarks can become a solid foundation for business growth and create long-term value for their owners. As for some cases, trademarks can also be a source of debate or controversy, for example, there are several cases where trademarks are considered as symbols of certain cultures and religions, which can lead to opposition and protests from certain groups.

In order to avoid potential conflicts, it is important for brand owners to consider cultural and religious sensitivities when designing and using trademarks. In addition, with the development of technology and the digital world, new challenges in trademark protection have emerged, such as trademark infringement on online platforms. 

Thus, trademark holders need to continue to adapt to technological developments and take action to protect their trademarks. It is also important to remember that trademark protection is territorial, meaning that a trademark registered in one country does not automatically protect the mark in another.

Therefore, for companies or brand owners operating internationally, it is important to view and register trademarks in the relevant jurisdictions. It is also necessary to be aware that trademarks can lose their validity if they are not used for a certain period of time. For this reason, brand owners need to actively use their trademarks in business activities to maintain their exclusive rights.

Conclusion


In conclusion, a trademark or trademark is a term used to refer to a trademark in English. Trademarks are symbols, words, logos, designs, or a combination of these elements that are used to identify and differentiate the products or services of one company from those offered by other companies.

Registering a trademark helps protect the exclusive rights to the mark and prevents unauthorized use or theft of the brand identity by others. Trademark protection is an important step for companies or brand owners to secure exclusive rights to the brand, build reputation and create significant economic value.

In the era of technology and globalization, trademark protection must also adapt to new challenges that arise, such as trademark infringement on online platforms. Therefore, trademark holders need to view trademark protection as a long-term investment in the success and growth of their business.

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