Trademark means any word, symbol, logo, slogan, product packaging or design that identifies the goods or services from a particular source and differentiates the same from other business brands.
In the present day and age, with people becoming more and more aware about their intellectual property rights, it has become a daunting task to choose a brand name which is unique. Registering a trademark is like indicating everyone that this specific logo, symbol, word, name or design is exclusively used for the goods or services provided by your business. Thus, there are certain aspects to be taken into consideration before choosing the right trademark for your business which are as follows:
1. Choosing the right trademark – Any mark you consider to be the best for your business shall abide by the following rules:
- The mark shall not contravene the provisions of Section 11 of the Trademark Laws i.e. it shall not be similar or identical to the goods or services of an earlier mark, well-known mark or there exists a likelihood of confusion on the part of the public.
- The mark shall not contravene the provisions of Section 9 of the Trademark Laws i.e.
- Shall be capable of distinguishing the goods or services of one person from those of another person
- Shall not
- deceive the public or cause confusion;
- contain or comprise of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
- comprise or contain scandalous or obscene matter;
- prohibited under the Emblems and Names
2. Public Search: A trademark public search determines whether a proposed trademark is available for use in connection with certain goods or services. In the search, similar word marks as well as phonetically similar names in a specific class can be comprehensively searched and ensure that you are not infringing someone else’s mark. You can always check the same at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx.
3. Filing the trademark at the earliest opportunity: Even though it’s not compulsory to register your trademark, but registering the trademark not only provides you protect your brand name but also enables you to take appropriate legal actions against any person infringing your intellectual property rights. Hence, protect your intellectual property at the earliest to possess legal rights on your trademark.
4. Prior Usage of a Mark: Any person who seeks registration of his brand under the trademark laws shall ensure that whether does he wants to claim any prior usage of the mark as to the fact that the trademark laws state that “the proprietor of a registered trademark or a registered user cannot interfere with the use of any identical or similar mark if the person has been using the mark from an earlier date”. Therefore, it is essential to ascertain a prior date of usage of the mark (if any) and the same shall be incorporated in the trademark filing application.
The trademark registration is a vital step for your business. So, it is essential to assess the application from all aspects. It is a cumbersome process to amend a trademark application. Therefore, one should have an expert’s hand to file your trademark registration application to assist and advise you on your trademark application.
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