A trademark, in simple terms, is something which gives a service, commodity, or company a distinct identity. This unique identity allows them to stand out from the crowd. Graphics, photos, slogans, logos, words, colour combinations, smells, and sounds are examples of individual uniqueness that differentiates a company’s products or services from the competitors.
The entity acquires full rights to be using the trademark and prevents any replication or misuse from the other companies by registering the trademark online. Most businesses, on the other hand, only want to register their brand or emblem on something unique that they worry the market may misappropriate if not properly regulated.
When you work to protect your brand, logo, and any other mark, you must also ensure that it is accurate. Below are five things to know for filing a trademark application in India.
1. Make an informed decision about your trademark
You must ensure that the mark is capable of distinguishing your company. If you are starting or have a small business, you must choose your mark carefully. While a small number of start-ups easily be able to connect with a well-known brand, that’s not a fair approach.
If it’s your name or your logo, aim to make it unique and free of duplication. Although it may be tempting to choose a generic or common name for marketing purposes, this is not a good idea. You would like to make it one-of-a-kind. Even a passing resemblance to an established brand in your field will put your application at a disadvantage.
2. Choose from a colour or black-and-white logo
Several applicants are debating whether to use a coloured logo or a black-and-white brand. With a coloured logo, you’re obtaining a logo in a specified colour combination. It’s also impossible to expect the logo to be secured if it’s used in various colours. Other patterns are not permitted to use ™ or ® marks. You should refile the registration application to secure the logo with a changing colour scheme.
In the case of a B&W logo, that’s not the case. You could make the most of the colour schemes with this filing. Because you’re securing the logo design with no set colours, you could use any colour scheme in the deal. This strategy is used by start-ups and businesses that deal with fast-shifting trends. It aids in their cost-effectiveness.
3. To assist with long-term goals, create a class and a description
The first step in registering a trademark is to choose an acceptable class for trademark protection. In all, the trademark register comprises 45 classes for specific services and specifications. Go for the most relevant class for your company activity. You might register for multiple classes if you find over one that is relevant. Only the class for which the brand name or logo is applied could be protected. This holds for the application’s description as well.
Each class refers to a distinct description of commodities and services. You must specify the products and services when applying. You can use the given description or change it to suit your needs. However, once you’ve applied, you won’t be able to change the class or description. Furthermore, it must not be limited. You could include more products in the long-term strategy with this. This reduces the cost of your application while providing enough protection.
4. Check your availability completely
DailyHawker says, The business mark or logo should be readily available for use. You will face obstacles and objections if an application for a duplicate or resembling mark has already been filed. It’s best to get a professional’s opinion after conducting a thorough search. Professionals analyse the application to tens of thousands of others in the same class and trade. The list of all applications submitted to the TM register in India is included in the search.
If you’re applying to numerous classes, be sure you’re available in each one. You can analyse the odds of registering with the search report in hand.
5. It’s crucial to claim the user date
Have you had the trademark for a long time? If you answered yes, you must enter the user’s data in the programme. Recognize the significance of the user data. For trademark purposes, the User Date is the date the mark has been used in commerce.
It is useful if two applications are filed that are similar. Priority is given to the applicant who claims a prior user date. Regardless of the firm size, turnover, or date of application, priority is given. You should offer supporting documentation such as invoices, newspaper adverts, paperwork proving your internet presence, and other registration certifications to claim the user date.