Why Do Bloggers Need To Obtain Trademark For Their Blog Name?

The legitimatises in blogging are a bit of a murky concept unless the blogger is well-informed with the legal ins and outs of stuff posted on the Internet. As a result, there are high chances that one can get lost in legal mambo-jumbo and unintentionally end up infringing a low here and there. However, it shall be considerate to note that usually accidental violation can be considered as an honest mistake, but if in case someone steals content from your website, then, in that case, same can become the point of contention. In this blog. We will discuss the concept and need to obtain a Trademark for Blog Name by Bloggers.

Concept of Trademark of Blog Name

The term “Trademark” denotes a type of Intellectual Property Right that aims to protect and safeguard the design, brand name, logo, colour code, label, phrase, words, etc., which assists in differentiating the product and services of one person from another.

In the same manner, registering a blog name can assist the blogger’s website in standing out and adding value to his/her business. Further, the trademark for blog name will provide exclusive rights to the blogger regarding the case of infringement.

However, the term “Blog Name” means something that is used for generating profit or making money. In other words, the term blog means business.

Reasons to Obtain Trademark for Blog Name by Bloggers

The reasons to obtain a Trademark for Blog Name by Bloggers are as follows:

Establishes Brand Name

As a blogger, one of the most important assets is the “Brand”. Therefore, obtaining a trademark for blog name permits the blogger to claim and enforce absolute and exclusive rights. Also, it prevents infringers from using and adapting a blog name as their own.

Further, it shall be considerate to note that a registered blog name will give the blogger a sense of confidence to invest more and create brand awareness about his/her blog.

Provides Control over Online Presence

For a blogger, it is essential to maintain his/her online presence. Further, with a trademark, one can prevent others from using his/her blog name to establish their own brands. That means it restricts infringers from making a profit from someone else’s blog.

Creates a Valuable Business Asset

Nowadays, many blogs have become profitable sites and are available for sale. Therefore, obtaining a trademark for blog name could assist the blogger in developing the brand value for his/her website.

Prevents Other from Using Brand Name

When a blogger has obtained a trademark for his/her blog name, he/she has directly deterred others from using his/her blog name as their own.

Offers Legal Recourse

Having a registered trademark provides bloggers some legal recourse. That means if a blogger finds that someone is damaging his/her blog name by operating and managing affairs under the same name or is offering similar goods or services, then, in that case, he/she can legally oppose their actions.

Allows Usage of Trademark Symbol

By adding a trademark symbol next to the blog, one is informing everyone that his/her blog is duly registered. Also, the same acts as the sign of warning for everyone who wants to use the name of a registered blog.

Common Mistakes in Trademark for Blog Name

The common mistakes in the Trademark for Blog Name are as follows:

Taking Too Long To Register

Usually, there are no specific time guidelines provided for obtaining a Trademark for blog name.However, it is advised to acquire it as soon as possible. With Trademark Registration Online, one can easily build his/her brand name without the fear that the other party might take the blog name.

Not Maintaining the Trademark

The CGPDT^[1](Controller General of Patent Designs and Trademark) requires the blogger to maintain his/her trademark. That means it is compulsory for every blogger to use the trademark continuously for a period of 10 years. If in case, any blogger fails to fulfill the requirement, then, in that case, authorities might cancel the registered trademark.

Under a Presumption that Trademark Protects Blog’s Content

It is significant to note that both Trademark and Copyright are different and distinct from each other. Therefore, all the written and visual content available on the website are covered under the ambit of Copyright Registration.

Documents Required to Obtain Trademark for Blog Name

The documents required to obtain a Trademark for Blog Name by Bloggers are as follows:

1. Details of the Applicant, such as Name, Address, Nationality;
2. In the case of a Company, Certificate of Incorporation (COI);
3. In case the company is eligible for a lower filing fee, then, in that case, Udyog Aadhar Registration;
4. Exhaustive description of the goods and services offered;
5. Relevant Trademark Class and Coordinated Classes;
6. A Power of Attorney in the form TM-48, which is duly signed by the applicant;

Process for Trademark Registration in India

The process for obtaining Trademark Registration in India are as follows:

1. In the first step, the applicant requires to submit an application for registration with the Trademark Registrar;
2. Now, file the same with the Trademark Registry, situated within the territorial jurisdiction of the workplace;
3. After that, the registrar will hear the parties and will decide whether he/she wants to accept or reject the application;
4. Once the registrar accepts the application filed, he/she will advertise the same in the local newspaper to allow other parties to raise objections;
5. It shall be considerate to note that the parties need to raise objections within a period of 3 months, commencing from the date of advertisement;
6. Also, the registrar has the power to allow an applicant to make necessary correction or modification in the application;
7. After that, the applicant will receive COR (Certificate of Registration) bearing the seal of Trademark Registry;

Conclusion

In a nutshell, Trademarking the blog name can come out to be exceptionally helpful, as due to this, one can start growing his/her blog and website in more of a business form. Also, the same provides exclusive rights to the blogger regarding the case of infringement.

Further, in case of any doubt or dilemma, reach out to Swarit Advisors, our trademark expert will provide you end to end assistance and complete guidance on the process of Trademark Registration in India.

Also, Read: Things to know before Registering a Brand name in India