Trademark is one of the best ways to earn brand recognition. Trademark gives a legal right to the company to use a particular logo or a symbol to identify their business or a particular product. A Trademark application has to be made with the Ministry of Trademarks to get the trademark registered. Securing a Trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business with many benefits as Unique Identity, Creation of Goodwill, Popularizing your brand, Global Recognition, etc.. This information provides you best 10 tips to submit a full proof trademark application.
A complete and precise trademark application will help you get the trademark registration immediately. The Trademark law in India handles registration and protection of the trademarks. The law also allows transfer of the trademark rights. We have shared here useful ideas to help you in applying for the trademark registration.
Top 10 Ideas for Filing Trademark Application
Follow the top 10 tips to make your trademark application up-to-the-mark.
1. As soon as your business or firm is registered, you can immediately start the application for the registration of a symbol or logo to represent your product or company.
2. A trademark search is highly recommended before you officially apply. You can take the advice of any trademark expert attorney.
3. Choose a Protective Trademark – Select a logo or symbol that is not easily imitable. There are various Professional trademark service providers who assist in selecting a unique trademark after checking the trademark registry.
4. Descriptive – Select a symbol or logo which describes or represent your products or services. An informative logo is always welcomed.
5. Check properly that your trademark is novel and is not infringing trademark laws. Make sure that it is not already in use and registered by someone, also that it is not a famous logo or a well-known mark.
6. Avoid using very similar or a replicate of other company’s trademark. You can avoid legal dilemmas in future.
7. Keep the design of your trademark unique and appealing. This will help in protecting it. It is always advisable to hire a professional logo designer.
8. While you submit trademark application, submit pictures proving that you are already using it. You can submit a banner or a piece of advertisement where the logo is already in use by you..
9. Also, submit the soft copy of the trademark. You may also apply for multiple trademarks for your different products.
10. After applying, check the status of the application at the official website of the trademark registry.
After an application is filed, the same is examined by the Examiner of Trademarks. Normally the Examination process takes 12 to 18 months to be completed. The examiner could also for any clarifications form the applicant if any discrepancies are found, and the same shall be justified from the end of the applicant.
Once the application is examined thoroughly, the same shall be published in the Trademark Journal. The purpose of the publication is with respect to any Objections raised, if any, by any other entity or person. Generally, it takes 3 months’ time for the registration from the date of Trade mark Publication
You can begin using TM symbol with your brand as soon as you apply for the trademark registration.
A trademark is a logo or a trade name of your business or your product. It is generally a symbol, design, numeral or alphabet or a combination of all these. You can put a symbol of ® only after your trademark is registered. Till that time you can keep using TM symbol with your brand. A trademark is valid in the entire country.
Though it is not mandatory, trademark registration has many significant benefits for the business. It helps in earning goodwill and trust of the consumers. Like any other asset; it can be assigned for use to any other person or entity.
(Author can be reached at firstname.lastname@example.org)