Things to be considered before Trademark Registration

Introduction

Trademark registration is an essential step for any company. Therefore, it is good to evaluate the online Trademark application from all angles. As a result, you need the assistance and advice of a professional to file your Trademark registration application and to support you on various stages of the application. The thorough information in this article will help you to follow the perfect procedure for registering a Trademark.

What is a Trademark?  

The term Trademark is the legal term for  “Intellectual Property”. The Dictionary meaning states it as a symbol, word, or words legally registered or established by use as representing a company or product. One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A Trademark identifies the brand owner of a particular product or service.

5 things to consider before registering a trademark

1. Make a wise mark selection! prior to online trademark registration.

You must ensure that your trademark can provide your company with a distinctive identity. If your company is brand new or has just begun operations, you should be careful while selecting your trademark. Here, you need to consider the long view. Try to keep everything unique and plagiarism-free in your logo. Although you might want to choose a generic or common name for advertising purposes, it is not a good idea. Additionally, you need to make it unique.

It will be affordable to protect both the brand name and logo. You can submit an online Trademark application for both the name and the logo together. The requirement is that the brand name appears in the logo. If there are any differences between the trademark and the logo, you might be instructed to select just one.

2. Choosing a coloured logo or black and white logo

No matter whether applicants are following the procedure of registering a trademark online with a coloured or black-and-white logo, this is a common goal for applicants. A coloured logo is one that you have secured in a particular color theme. Additionally, you cannot use the mark in combination with other colours and ask for its protection. It is not permitted to use ‘TM’ or ‘R’ marks with other patterns. You must submit a new registration application if you want to protect the logo in a different colour combination. Furthermore, this results in expenses for government and professional costs.

You must determine the needs of the business and choose wisely because you are the best judge of your business. For expert advice on this subject, you can also speak with a lawyer. The unique color combinations are simple to recognize. As a result, it too needs protection. For example, the Yellow and Red colour combination of McDonald’s is clearly distinguishable and well-protected.

3. Using the class and description to promote long-term objectives

Selecting an appropriate class for trademark protection is the first step while submitting an online trademark application. Totalling 45 classifications for specific services and details, the trademark registry has been made available. Select the most appropriate class when filing an online-based trademark. If you discover multiple relevant classes, you can submit registration requests for all of them. Only the class for which it is applied for allows you to protect a brand name or logo.

There are 45 classes used to categorize all products and services. You must provide a description of the goods and services when submitting an application. For each class, you can select a certain product and its description, or you can customize the product description to your needs. Make sure the products listed in a product description don’t conflict with the class you’ve selected. Furthermore, after you have submitted a trademark registration application, you cannot change the list of goods and services you are offering. In some cases though, you could be asked to shorten the list of goods and services after submitting an online trademark registration application if the trademark registrar has any objections.

4. Fully verify your availability

There must be a copy of the work mark or logo available for use. You will face challenges when trying to follow the procedure for registering a trademark online and obtain a successful Trademark registration if an application has previously been submitted for a mark that is close to or identical to it. The best way to make an informed decision is to consult an expert. The application is compared by experts to thousands of other trademark applications that have already been filed under the same class and trade description. The database of all applications pending with trademark registries throughout India is covered by the search report. Make sure that your trademark is available in each class if you register it online for multiple classes.

5. It’s Important to Claim the User’s Date

You need to fill out the application with the user’s date. The User Date in the context of the trademark application(s) refers to the date on which the owner first used the mark for commercial purposes.

This is useful if there are already two applications that are comparable. Priority is given to the candidate who states a prior user date. Regardless of the size, revenue, or application date of the business, the priority still applies. In India, trademark registration adheres by the principle of prior to utilizing rather than first to claim. You must submit supporting documentation, such as bills, newspaper advertisements, proof of your online presence, or other registration certifications, to prove your right to the user date.

Keep in mind that it is illegal to claim the incorrect user data at any time. Additionally, you can submit an application saying that the mark is “planned to be used” even if it hasn’t yet been utilized. A trademark name can be safeguarded against future exploitation.

Conclusion

A brand can be protected from unauthorized use and violation using Trademark registration. The procedure for registering a trademark has been made simpler by the Indian government. Business owners can now quickly register trademarks for their brands within a few months. The best trademarks are made up of words, coined words, or distinctive geometric patterns. Avoid choosing a common name, place name, or last name. There cannot be a copyright on it. Avoid using praiseworthy terms or phrases to describe the quality of products (such as best, perfect, super etc.)