Upgrad LLM

how far is goodwill & trademark related to each other

Management Trainee

Hello,

Is Trademark & Goodwill of a company related to each other ? If it is then how far is it related. Is the appreciation in trademark value treated as an appreciation in its goodwill ?

 
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IP Lawyer & Trademark Attorney

Dear Sagnik,

In one word if youask me Trade Mark is the image of the Goodwill of a Company or brand. The Goodwill is recognized by the mark that is the Trade Mark.

 
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Advocate

 

  A trademark protects the goodwill associated with a company. As in the case of copyright fictional character created in a film scriptt writer or a film producer having the licence to use the story can build up a good will which may be protected in a passing off action even though he may not be the owner of the copyright.

 
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Management Trainee

Thank you sir
 
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Goodwill and trademark are realted insofaras both talk about identity associated with business.

However, goodwill reflects the intrinsic value business value of a company and its reputation in the market.

Whereas trademark gives legal protection to a brand so that nobody else can use it. A trademark  can be registered even for a new brand or a relatively unknown brand.

Thus even if a business has a registered trademark, it is possible that there is hardly any goodwill associated with it.

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Trademark Registration in India is a must to protect your brand.

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