Trademarks for Brand Identity Development
Branding has become extremely important in the ever changing world of business. It is necessary to establish a unique corporate identity for a business that can withstand competition. The importance of branding is exemplified by the fact that it helps create customer loyalty and brand awareness. Therefore, it is necessary to have a sound business strategy to build a robust branding by way of filing international trademarks.
Companies explore different facets of branding including the benefits of visual identity, building corporate reputation, and building product awareness through a strong trademark portfolio. Visual identity refers to the unique visual identity of a brand that inspires and attracts consumers. A logo, signage, advertising and other visual images associated with a brand helps the consumers distinguish it from other brands, providing significant advantages of filing trademarks. It helps consumers differentiate between an affordable product and the more costly ones. Hence, visual identity is very important for Apple, Fiji water and its many brands.
Visual identity is achieved by a consistent logo design that is simple, easily identifiable and visually appealing. Logo design plays a key role in branding because it is the most visible and easily remembered corporate identity that creates a positive impression on consumers. A well-designed logo design helps brand recognition and hence helps consumers recall it easily. A highly effective logo design also reflects the credibility, integrity and trust in the eyes of customers, further strengthening the eligibility for trademark registration.
Building corporate reputation is another important aspect of branding and trademark strategy. Consumers tend to look at the brand image in a very favorable light and are more likely to buy from businesses that are reputable. Hence, effective branding requires a strategy that builds confidence among consumers. Brand image includes the perception of high quality, dependability and credibility of a particular brand. Hence, successful branding requires a strategy that makes use of visual elements such as logo design, color and typeface to build a positive image among customers.
Building product awareness is also an essential component of trademark and branding strategy. Consumers are always looking for new and innovative products and hence any existing trademark can help consumers make a purchasing decision. One important thing to note about branding is that it is a long-term investment process. A strong and memorable brand name can last for years. Hence, developing and incorporating a set of visual elements such as logo, font, color and typeface in the branding campaign ensures that your business remains competitive in the market for long, plus it provides an ease for smooth trademark registration process.
Trademark Assignment
Trademarks like any asset can be transferred from one owner to another. Such transfers can take place in the form of an assignment, or merger or amalgamation between two entities.
For Example: Assignment is where entity A assigns or transfers or transmits the rights over his/her trademarks to entity B. In case entity A mergers with entity B, and there is transmission of trademarks rights from A to B, it would also constitute assignment.
Assignment of trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. An assignment can either be with goodwill or without goodwill:
Assignment with goodwill
This is an assignment where the owner transfers the rights and value of the trademark as associated with the product it sells. For example, A, owner of “TH” trademark for manufacturing and selling of watches, can assign the trademark along with giving the assignee the right to use the said trademark for the same product.
Assignment without goodwill
This is an assignment where the owner restricts the assignee to use trademark for the products he uses it for. That is, the goodwill attached to the owner’s brand with respect to the product already being sold under such brand, is not transferred to the buyer. This means that assignor & assignee both can use the same trademark but in dissimilar goods or services. For example, if the owner of the trademark “TH” uses it for manufacturing and selling of watches and decides to assign it without goodwill, it means that the assignee can use the trademark “TH” for any other product other than watches.
Documentary Requirements
Assignment Deed
A duly stamped and notarized assignment deed, which shall mandatorily mention the effective date; the full name and address of the assignor (transferor) and assignee (the subsequent transferee), along with their signatures; the consideration paid by the assignee to the assignor for the assignment; statement pertaining to whether the assignment is with goodwill or without goodwill of business along with the details of trademarks to be assigned.
For Applicants outside India, the assignment deed must to be notarized in the country where it is executed, and the same can be stamped in India.
Affidavit of no-pending litigation: In order to process such assignment requests, the Indian Trade Marks Registry has now made it mandatory to submit an affidavit attesting that there is no pending litigation and that the ownership of the trademarks are not in dispute. Accordingly, along with the assignment deed, the assignee (transferee) ought to submit a duly stamped and notarized affidavit to mentioning the details of the assignment and the assigned trademark and attesting that the ownership of the said trademark is not in dispute.
For more information on Trademark Assignment & Transmission of Rights please Contact Us.
