What is a Trademark? Trademark is merely a brand but offering many exclusive rights. In the era of dynamic businesses with growing competition, many choose to ride on others goodwill. To make sure that others don’t ride on yours, you must consider trademark registration.
While you make efforts to secure your brand or logo or any mark, you
also need to keep an eye on its correctness. Here are 5 points to focus on for making a trademark registration
application in India.
Choose your trademark wisely
You need to assure that your mark is able to distinguish your business.
If you are yet to start a business or it is very new, you need to choose your
mark wisely. While few startups find it easy to relate to the famous brand, it
is not a fair practice. You need to think long term here.
Whether it is your name or logo, try to make it original and
duplication free. Although for advertising purpose, you might like to go with a
generic or a common name, it is not wise. You would also want to make it
unique. Even a near resemblance to any existing brand in your work field is a
hurdle for your application.
If you want to protect both brand name and logo, you can be cost-effective.
You can make application for both – name and logo under a single application.
The condition is to have the brand name included in the logo. In case of
inconsistency, you may be directed to choose only one of them.
Choose colour logo or B&W
This is a quest for many applicants – whether to apply logo in colours
or in black and white. Don’t worry. You will be able to answer this yourself
after reading this. You are securing a logo in a specific combination of
colours with a coloured logo. Further, you cannot use the logo with different
colours and seek its protection. Using ™ or ® mark is not allowed with other
patterns. To protect the logo with a different colour scheme, you must file a new
registration application. This also incurs the cost of Government and
This is not the case of a black and white logo. With this filing, you
can best utilise the colour schemes. You can use any colours in the trade as
you are securing the logo pattern without any specific colours. Typically, startups
and businesses with rapidly changing trends adopt this approach. It helps them
to be cost-effective.
The colour schemes with distinctness are easily identifiable. Hence, it requires the protection as well.
For example, the Yellow and Red colour scheme of McDonald’s is easily
identified and protected in provided manner.
Being the best judge of your business, you must identify the business
needs and choose between the options. You can also consult an attorney for
professional help in this matter.
Class & description to support
As you consider to register a trademark, the first step is to pick appropriate class for trademark protection. The trademark registry has provided 45 classes in total, for specified services and details. Based on your business activity, choose the most appropriate class. If you find more than one related classes, you may apply for multiple classes for registration. You can protect the brand name or logo only under the class it is applied for. This also applies for the description provided in the application.
Every class applies to the specific description of goods and services.
While making an application you need to describe the goods and services. You
may choose the provided description or customise as per need. But, you need to
understand that you cannot change the class and description after filing an
application. Further, you should not restrict the description. With this, you
can also cover other products under the long-term plan. This makes your
application cost-efficient and also provides proper protection.
Complete availability check
The work mark or logo must be available for application. If an
application is already filed for similar or resembling mark, you will face
hurdles and objections. It is best to have a professional’s opinion through an
extensive search report. Professionals compare the application with thousands
of applications under the class and trade description. The search covers database
of all applications before TM registry across India.
If you are applying in multiple classes, you should ensure availability
in every class. With the search report in hand, you are able to assess the chances
If you miss looking at the search report, you can find difficulties to
clear the application. Any resemblance with other marks or famous application
increases chances of objection from Registry as well as from the third party or
Claiming User Date is Important
Have you been using the trademark since long? If yes, you must provide
the user date in the application. Understand why the user date is important. The User Date, for trademark purpose, is the
date since when the mark is being used in commerce.
This is helpful in case of two similar applications filed. The
applicant claiming prior user date gets priority over other. The priority is
irrespective of the business scale, turnover or date of application. Trademark registration
in India follows the rule of prior to use and not first to claim.
To claim the user date, you must provide supporting documents like
invoices, newspaper ads, documents supporting online presence or other
Note that you shall not claim the wrong user date any time because it
is unlawful. Further, if you have not put the mark in use yet, you can make
application claiming it to be “proposed to be used”. You can protect a brand
name for its usage in future as well.
The trademark registration is a vital step for any business. So, it is
necessary to assess the application from all aspects. You cannot change the
application after filing, especially for the aspects discussed above. Therefore,
you must have an expert’s hand to file your trademark registration application to
assist and advise you on many levels of the application.
With LegalWiz.in team, you need not to worry about the correctness of the application. The experts ensure the best quality and hassle-free service all time at affordable charges. A free trademark search is an additional plus point with trademark registration with LegalWiz.in. Take a wise step for protecting your brand, connect with us at email@example.com.
Take a wise step for protecting your brand