A trademark gives the company or business a unique identity that no other company or firm can use or imitate for the goods and services associated to the same business. You must register your trademark if you want to set it apart from the competitors for your business, brand, goods, or services. To put it another way, the trademark is the property of its owner, who has the authority to forbid others from using it in the categories for which it is registered. What are the little details that we need to keep in mind prior to Trademark Registration? These are the things that need to be quickly covered before trademark applications are filled out. Therefore, in this article, we outline the important considerations for submitting a Trademark Registration Application in India. Contact our India’s top legal counsel LegalRaasta team for affordable guidance on how to register for trademark registration in India.
Keep the following in mind when registering a trademark
- Investment: It is crucial for the trademark holder to view their investment in their brand and business as a trademark. Long-term financial gain for the business will be made possible by this asset. In this cutthroat market, trademarks will boost brand recognition and aid in the selection of products by consumers. As a result, a trademark should be viewed as an investment in the company because it will increase its worth.
- Selection unique logo: It’s crucial to remember that it’s difficult to change your business name or logo after you’ve chosen them. The brand name must also be protected, therefore when you find someone using the identical logo, you must handle the situation politely and lawfully.
- Documents Required for Registration: An application is filled out and submitted to the appropriate officials. The paperwork needs to be put together after the application’s confirmation has been received. The owners utilize the TM sign upon confirmation. Information about the applicant, including name, residence, and nationality, registration address, which includes a PAN, an Adhaar card, a utility bill, and the applicant’s signature on a power of attorney, are the basic documents needed. The nature and goals of your company, a copy of your registered trademarks or brand logo, a list of your products and services, and any other information pertaining to your enterprise.
- Pre-Filing Search: Once a party has decided on a brand name, the other party must conduct a pre-filing search to see whether or not their trademarks have previously been registered. If no identity is discovered during the search, the party moves on to the application filling process.
- Trademark Symbols: Various kinds of Trademark symbols are employed. R symbol, which is used to obtain following a registration application. It assists in preventing product copying. The TM icon designates unregistered goods. It protects the rights to prevent other organizations from stealing the logo and insignia. The copyright is represented by the C symbol. The SM logo represents service providers. There has been no assurance of copyright laws.
- Short Research: Before registering, do some short research on the application procedure to save time and money and to give yourself an advantage over the competition. This could offer you a general idea of how things work and what processes are needed.
Some ambiguity about trademark symbols
There are typically many symbols used while discussing trademarks, however most people are unsure of which symbol to use at what time. Therefore, it is important to comprehend the fundamentals of trademark usage, such as the proper use of symbols and their placement in documents. First, be aware that after submitting a trademark application, a symbol may be used regardless of any objections or registration. Utilizing a sign is similar to notifying a rival that a mark is your trademark. No papers must be submitted, and no authorization is needed. Similar to this, if you genuinely want to file a lawsuit against your company rivals and seek damages, you must employ the trademark sign. You cannot make a harm claim if your trademark is not correctly cited. Use a symbol only when your trademark has been officially registered. The trademark authority issues a trademark certificate following registration. Place your brand clearly so that people can see it right away. Keep this in mind at all times. Additionally, if you utilize your trademark in the body of the text, use a different font or style, such as bold, italics, or uppercase, to make your brand stand out from the surrounding terms.
Several pointers on how to use trademarks when promoting and advertising your brand
- Try to use a generic description of the product that includes a basic fact about it, such as athletic shoes for any brand of shoes.
- Avoid using your brand as a verb; doing so may mislead your target market.
- Never use your trademark in a general fashion because such terms are only used to describe products and cannot be registered as trademarks.
- Ensure that you use your trademark consistently because inconsistent use will make it less likely for consumers to recognize it and associate it with your goods, lowering the value of your mark.
- The symbol or is consistently positioned next to the trademark and never next to the general description.
- The placement of the * asterisk, or the dagger), or the double dagger symbol immediately after the first use of the trademark, as well as the inclusion of information about the trademark in the footnote.
- A trademark needs to stand out from the words it surrounds in order for customers and rivals to recognize it.
- The SM abbreviation stands for “service mark,” which designates services as opposed to commodities. However, the acronym SM is rarely used because it has a second, disparaging meaning. People therefore utilize symbols, which operate equally and are desired.
You must register your trademark if you want to set it apart from the competitors for your business, brand, goods, or services. To put it another way, the trademark is the property of its owner, who has the authority to forbid others from using it in the categories for which it is registered. Therefore, utilizing the fundamental criteria necessary for trademark registration in India, we have offered a basic notion of how to register for trademark registration in the blog mentioned above. By using LegalRaasta Advisory Team, you may take use of a number of services, including should thoroughly research the eligibility of your business to start the trademark registration procedure in India on the website of the Controller General of Patents, Designs, and Trademarks. We provide guidance on which classes to apply for, such as creating and submitting an application for trademark registration. Filing an affidavit to prove that the mark was previously used and composing a response to a third party’s resistance or objection to a Trademark Registry objection and attending hearings. There are various other service categories as well, such as free support and trademark renewal. So enlist the assistance of our LegalRaasta team for a hassle-free trademark registration process and complete brand ownership.