What is a Trademark & How to Register Your Trademark?
What is a Trademark?
A Symbol, name, word, design, logos, colours, sound that is utilised for the purpose of identification to an individual business or product is called a trademark. Take, for instance, the peacock design logo of NBC. However, it should be noted that a trademark is not the same as patent or copyright.
Do you need a Trademark?
Did your business take off faster than expected? Are you trying to personalize your brand? Do you want more than just a domain name for people to associate with your brand? You don’t want someone to copy your niche business? Want to distinguish your business from your competitors? If you answered yes, to all of the above, then it’s time you considered protecting your trademark by getting it registered.
This brings us to the next question. How to register your Trademark?
Following are the steps involved in Trademark Registration.
- The first phase involves, trademark availability search. This should be done at a trademark office. A trademark search can be exhaustive and therefore requires the presence of an experienced lawyer. If you register the trademark in the name of the company, it signifies that the shareholder owns it, which is why entrepreneurs prefer to a register a trademark in their name.
- Now that you’ve finally chosen the logo or name of your choice, a trademark application will be drafted by the attorney and filed with the trademark office.
- After the filing procedure is complete, you will receive a receipt.
- It takes approximately two years for the office to decide whether to grant you the trademark or not.
Why is a registered Trademark preferred over a non-registered Trademark?
A registered trademark has a lot of advantages. Firstly, it is offered online protection, i.e., you get better access to domains and it makes stopping cybersquatters comparatively easy. In the case of infringement, the offender can be sued and trademarks that are seemingly similar to the ones that are registered will not be passed. Where an unregistered trademark may be offered protection, it is however limited geographically; a registered trademark is offered protection on a global scale.
The Lifecycle of a Trademark
When are the chances your Trademark will not be considered?
- If it is similar to another trademark
- If it involves verbs or generic terms
- If it incorporates symbols that are related to the nation
- Special requests are to be made if you want to use the name of a person
- If it cannot be graphically represented
- If it is considered obscene
What to keep in mind while getting your trademark registered?
- Running a trademark search is mandatory
- Always work with a lawyer
- Take into consideration your future business expansion
- Trademarks that are inherently distinctive are offered more protection than ones that are not
- If you do not use your trademark for five years and three months, then it will be removed from the Indian Trademark Register
- There is no ‘trademark policing’ and the owner is responsible to keep a watchful eye over infringement of trademarks.
Secure your brand now! Visit our website ww.startupchoice.com to get your trademark registered.