When Shakespeare said “What’s in the name” he was not talking about the present day scenario. Today, a name can cost you a fortune, and the easiest way to protect your name is by Trademark registration.
Trademark is one kind of intellectual property in choosing the name and getting it registered. This can be a word, symbol, logo, slogan, symbol or any kind of label. The Trademark registration of a brand name is an absolute intangible asset that will help your business to prosper and grow.
Trademarks are registered under the Controller General of Patents, Designs and Trademarks under the Trademarks Act, 1999 and provide an exclusive right to the owner of the trademark to sue for damages when any form of infringement of trademark occurs.
The term for a Trademark is for 10 years after that renewal of the same needs to be done by filing a form along with the prescribed fees. Once the Trademark application is filed the Applicant can use the ™ symbol over its mark, and once it gets registered the applicant can use the ® symbol over its mark.
Tips to Keep in mind while Registering for a Trademark
There are few things which need to be kept in mind while registering for a Trademark. To ease the process it is always recommended to hire a professional for registering your Trademark.
Followings are the tips which should kept in mind-
- Choose your trademark Wisely- Before registration of your Trademark, the applicant ust makes sure that the name which he is using is distinctive in nature and is able to distinguish your business. The name should not be duplicated or copied from anywhere, even a near resemblance to any existing brand in your work field is a hurdle for your application.
- Whether Logo should be a coloured logo or Black and White- This is a very common question which people asks that whether the applied logo should be a coloured logo or should be black and white, so here is the answer that you can register your logo in any colour whether in black and white or the coloured one. However, there should be specific colours which are to be applied for its registration and the same coloured logo is to be used for its application, but you can use any coloured logo while trading if the applied logo is in balck and white colour. Typically, startups and businesses with rapidly changing trends adopt this approach. It helps them to be cost effective. Before choosing you must consult a professional to help in this matter.
- Class and Description to support long term goals- The first step while choosing the name is to pick the appropriate class for Trademark. The Trademark registry has 45 classes for goods and services. Based on your business activity you must choose the appropriate class for your goods and services. If you find more than one related class then you can apply under multiple classes for registration. Thisalso applies for the description provided in the application. Each class applies to the specific description of goods and services. You must choose the class before the Trademark application, because after filing you cannot amend the Trademark classes.
- Trademark Search- The applied Trademark whether a word mark or a device mark must be available. To check its availability one must do a Trademark search before applying for the Trademark registration. It is best to have professional opinion through an extensive search report. Professionals compare the application with thousands of applications under the same class and trade description. The search covers a database of all applications before ™ registry across India. If you are applying for multiple classes then one must check availability of the name in every class. If you have not done a public search before filing the mark then you can find difficulties to clear the application. Any resemblance from other marks would increase the chances of objection to come from Trademark registry or from third parties or its owners.
- Claiming User Date is important- if you are applying for Trademark registration but you are using your mark from prior date then it is necessary to claim the user date by filing an user affidavit along with the Trademark application. Trademark registration in India follows the rule of prior to use and not first to claim. To claim the user date you must support documents like invoices, newspaper ads, documents supporting online presence or other registration certificates.
Trademark registration is the vital step for every business. So it is necessary to access the application from all aspects. You cannot change the application after filing, especially for the aspects discussed above. Therefore, you must have an expert’s hand to file your Trademark registration application to assist and advise you on many levels of the application.
The team of BIAT Legal LLP gives you such support. The experts ensure the best quality and hassle free services all time at affordable charges.