Trademark registration gives legal right to the owner of a company to use a particular symbol or logo as the identity of their business.
Trademark registration is the first thing an owner should look for after the successful company name registration. To avoid future conflicts because of similarities with the mark of any other organisation trademark registration in India should be done only after conducting a thorough search of trademarks.
If you are using the symbol of other organisation for your company without permission, it will be considered as an infringement, and you would likely get a legal notice.
Here are 5 vital pieces of advice for trademark registration in India.
Clarity of goals
Before deciding the logo for your company, you should be very clear about the points you want to define from your trademark to the audience.
The trademark you are choosing should be unique and well-complimenting with the name of your company. Vision and mission of your organisation should be clearly stated through the trademark.
It should not be identical or similar to the trademark of any other company as it will be a legal offence of copying or even partially copying the symbol of other companies.
Immediately after the registration of the company name, the owner should be concerned about the trademark registration for their company. Any Delay regarding this could lead to not getting the desired trademark as per your choice.
Choose protective trademark
You should use a trademark which can be protected from infringers. Some of the aspects which should be kept in mind while finalising the trademark of your company are:
- The symbol should be generic which is not subjected to the trademark protection.
- The symbol should be well descriptive to define the products and services.
- It should be fanciful with a view to protect the trademark from getting stolen. Your trademark should be unique and well descriptive.
Trademark registration scope
Registration your trademark will give the rights to the owner of the company to use the trademark as the identity symbol for their goods and services. If your business deals with multiple products and services; you can register different trademarks for your different products before working on them.
Conducting the registration of the trademark with Registrar allows the owner to use it for the defined products and services.
So, whenever you are going to start a new company, immediately after the registration of the business name, rush for the trademark registration to give your brand an all round protection.
At the time of submission of the application, you have to present pictures of current usage of the trademark in your industry. You have to click the pictures of the banner of your company which proves that you are using this symbol for the identity of your company and want to get the symbol to be registered as the trademark.
Only after the successful submission of the application for the trademark registration, you are allowed to use that symbol as the identity of your company officially.
A copy of an advertisement that is going to be used for the promotion of the products and services of any particular company should be saved for future purposes. You can submit your applications for more than one trademark for different products of your company.
It usually takes around three months for considering and reviewing a freshly submitted application for the very first time.
In order to complete the process, you should check the status of your process every 3 months to ensure that your application is not lost or missed. You can check the status of the process via the official website of the MCA.
It might be possible that the emails regarding your process could be lost or bounced; therefore you should constantly keep a check on the status.
These are the 5 tips, which can be helpful for successful registration of the trademark of your company which should be kept in mind in order to avoid any kind of conflict or legal issues later on!