Most of the Trademark applicant’s end up losing their money, spent on trademark application and professional fee. They also tend to lose something more important than money i.e. their Precious time and Hope.
A normal process of a Trademark registration approximately lies between one month to two years. Filing of a Trademark application without taking some precautions will surely make you spent more on filing replies to Registry and for hiring a professional for attending hearings.
By now, you have raised high hopes and have given nearly two years of your blood and sweat in building your brand and what you get is failures and refusals in getting your Trademark Registered.
To avoid all the chaos and wastage of your determination, follow the under mentioned instructions, before filing a Trademark Application, because your Time is the most Valuable thing in our life.
1. Perform a Google Search Check:
Before filing a Trademark application, especially for a new business, it is best for the applicant to check the existing competitors in the market. This is to make sure, that no other business, older than your business idea, exists in the market. Alike business names might later give a problem to the applicant, as chances are you may get that name, but the other business might also get the same name, showing the older evidences. So it is better initially to choose a unique name.
2. Choose your Goods or Services class from Trademarks Classification List:
After you are done with Google search, now is the time to choose a class for your trade description, from TM classification list. TM classification list is divided into 2 parts. Class 1 To 34 is for Manufacturing of Goods and Class 35 To 45 is for Dealing in Services. You need to make sure in which class or classes your Trade Description falls. It can also fall in more than one class. You will find the classification list in the download section of this link Trademark Classification List
For Example. Mr. A has a business of poultry under the Brand Name of “ABC Fresh Farms” and where he procures eggs and raw meat. From which he sells some of part to wholesalers and sends rest of the produce to a restaurant he owns, under the same brand name of “ABC Fresh Farms”. Under such Circumstances Mr. A has to apply Trademark for his brand name under class 29 “Meats & Processed Foods” and Class 43 “Restaurants & Hotel”.
3. Perform a Public Search of Trademarks Check:
After you are done with your Google search and selecting Trademark Class, now is the time to perform a public search of Trademarks. Public search of Trademarks will make sure that if any other applicant has already filed an application for a similar or alike name as you do, dealing in similar nature of Goods or Services.
What you have to do is click on this link:
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx or type “Trademark Public Search” in any search engine. You will be able to visit it.
After you have reached the URL you will see the 2 tabs:
1. Wordmark Tab: In this you have to perform search twice, first by selecting from drag down tab, the option “Contains” and secondly the option “Match with”.
2. Class: As explained above, you have to fill up your chosen class in this tab and hit Search button. You need to perform different Search every time for different Trademark class.
By following these steps, you will be able to erase all the other possible hurdles.
4. Review the results in Public Search:
If you have not found any similar names, you may proceed directly to Point no. 5. If yes, please go through this first, as this is the most important and table turning step. We will put down few possibilities which you will face in results:
1. Registered: If the name in search results is marked as registered and the Description of Goods and services is almost similar, then you should avoid applying for that name.
2. Objected: If the name in search results is marked as objected, then you need to check why that mark was objected and if you apply for the same name, do you have merits to get it registered?
3. Refused: Means that name has been refuse for a cause, you should check the cause, if it is refused in certain grounds other than that of attendance, then you should avoid it as well.
4. Marked for Renewal: It means the name is marked for renewal, check for how much time the same has not been applied for renewal. If it quite some long time, say 6 months, then you have a higher ground to get that name approved for yourself.
5. Protection Granted: If Protection is granted to alike name, then you should avoid it.
5. Do not opt for the names which are restricted of getting registered:
So after all you have done to find a perfect name for your brand, do not forget to follow this last step. Some names are bared to get registered under current Trademark Laws. You should totally avoid applying for such name. You will find the download link for the same at What cannot be Trademarked in India.
6. Find a Unique name and apply:
When you are done with all the above precautions, you just have to finalise the brand name and you are good to go.
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