Know 5 Things to Consider for Application of Trademark Registration

If you want to start a business in India, then you should know how essential branding is for your business or company. Now branding is vital for all types of companies, and it is also important for most individuals. If you don’t safeguard or protect a unique brand name, logo, or mark, then you will get out of the competition in today’s world. To protect your company’s brand name or logo, you need to file an application of Trademark Registration. Only a business/company can avail of many advantages and subsidies through Trademark Registration. If you want to register your Trademark then you should know some essential things that you must consider for the Application of Trademark Registration. In this blog, we will discuss five important points to remember before applying for an application of Trademark Registration in India.

What is a Trademark? – An Overview

A Trademark allows a company to highlight its brand in the competitive industry. According to Section 2 of the Trade Marks Act, 1999, a Trademark is a name, logo, phrase, design, or word that differentiates the products and services of one company from another company.

Trademark Registration ensures to safeguard various symbols, taglines, labels, designs, and names connected with your brand. Moreover, it also provides a crystal clear picture of your business or company to customers. In India, Trademark Registration is regulated by the Ministry of Commerce and Industry, Controller General of Patent Design and Government of India.

Also, Read: An Overview of Trademark Application Status in India

Let Understand Five Important Factors to Consider for Application of Trademark Registration

While you make some extra efforts to safeguard your logo or brand or any mark, you must also need to keep an eye on its correctness. Following are five important points to consider for application of Trademark Registration:

• Carefully Choose your Trademark: If you want to start a business in India, then you need to carefully check your Trademark and make sure that your mark is unique and distinct from any other registered mark. While some startups find it’s very simple to relate to the well-known brand, it’s not a reasonable practice. It would help if you thought longstanding here. Whether your logo, sign, or name, try to make it 100% unique and copied free. Although for the purpose of advertisement, you may like to go with a common or a generic name, it is not sensible. You also have to make it unique and distinct. Even a small similarity to any existing brand in your work area is an obstacle for your application of Trademark Registration. If you want to safeguard both the brand logo and name, then it will be financially beneficial for you and your company. You can file an application for both the brand name and logo in one application. The condition is to have the brand name comprised in the logo. In case of conflict, you may be directed to select only one of them.
• Complete Check for Availability: The logo or mark should be available for the application of Trademark Registration. If an application is already filed for a similar or approaching mark, you will face obstacles and objections. So it is advisable to hire an expert or professional advice through a widespread search report. Experts compare the application of Trademark registration with numerous applications under the class and trade description. The Trademark Search covers the database of all the applications before the Trademark Registry across India. In case if you are applying in multiple classes, you should make sure that the availability of a Trademark in every class. With the search report, you can assess the registration chances. If you miss and not check the search report, then you will find problems and complexities to clear the application. Any similarity with other known applications or marks increases the chances of objection from the Trademark Registry as well as its owners and the third party.
• Choose Between Color Logo or Black& White:You cannot use the logo with various colours and look for its protection. Using ® and TM symbol is not permitted with other patterns. To safeguard the logo with a different colour pattern, you should file a new application of Trademark registration. This also incurs the professional fee and Government cost. It’s not the case with the black and white logo. With filing this, you can best use the colour patterns. You can use any colours in the trade as you are protecting your logo without any specific colours. Usually, businesses and startups with speedily changing trends adopt this tactic, and it helps them to be moneymaking. The colour schemes with freshness are easily recognizable, and it requires protection also. For example, the red and yellow colour pattern of McDonald’s is easily recognized and will be protected in a provided manner.
• Claim the User Date: If you are using the Trademark for very long, then you should provide the user date in the application and know why the user date is essential. For the purpose of Trademark, the User Date is the date since when the mark is being used. This is beneficial in two similar filed applications. The applicant requesting prior to the user date gets priority over others. The priority is regardless of the business scale, turnover or application date. In India, Trademark Registration follows the rule of “Prior to Use”and not first to claim. For claiming the user date, you should provide relevant documents like newspaper advertisements, invoices, and documents supporting online presence or some other registration certificates. Remember that you shall not claim the incorrect user date at any time because it is illegal. Moreover, if you still not put the mark in use, you can make the application claiming it to be “Proposed to be Used”. You can safeguard a brand name or logo for its usages in the future also.
• Choose the Right Class: To register a Trademark, it is essential to choose a suitable class for Trademark protection. The Registry of Trademark has provided 45 classes for particular services and details. As per your business activity, pick the most appropriate class. In case you find more than one class, then you need to apply for multiple classes for Trademark Registration; you can safeguard the brand only under the class it is applied for. This applies to the specification provided in the application.

Each and every class applies to a particular description of products and services. While filing an application, you need to define the products and services.  You may pick the provided description as per your requirement. However, you need to know that you cannot change the description and class after filing an application of Trademark Registration. Moreover, you shouldn’t restrict the description. Under this, you can also cover some other products in the long-term plan, making your application profitable and protecting your application.

Conclusion

For any business, registering a Trademark is an essential stage. So, it is obligatory to evaluate the application form in all aspects. Once you file an application, you cannot change the application, especially for the features discussed above. Hence, you should hire an expert to file your Trademark Registration application and advise you on many different phases of the application.

Also, Read: Difference between Trademark and Patent: A Complete Guide