Things to Know When Applying for Trademark Registration in India
With the passing time and rising competition in the world of business, numerous businesses prefer to traverse on others for support. However, by considering trademark registration, you can ensure that others do not benefit from your efforts. In today’s world, the trademark is not only a brand but offers numerous exclusive rights. Today, we look at crucial points to focus on while you are considering trademark registration in India.
In India, trademarks are programmed by the Government, Controller General of Patents Designs and Trademarks, and the Ministry of Commerce and Industry. The registered trademarks are crucial because they are intellectual property that protects the company’s investment in the brand. If a trademark is unique for the services and products you offer, then they must get registrable. After the completion of the trademark registration process, the R symbol is applied, then the registration becomes applicable for ten years.
Apart from making your attempts to secure your brand or trademark, it is essential to keep an eye on its correctness.
Here are a few things which you should know before applying for trademark registration:
Select Your Trademark Sensibly:
If you are new to the business world, then you need to choose your trademark smartly. Though some startups find it trouble-free to relate to the popular brand, it’s not a good practice. Whether it’s about name or logo, entrepreneurs should try to make it original and free of redundancy. Even a close resemblance to any current brand in your work field is an obstacle for your trademark application. It’s a good idea to be cost-effective by making applications for both names as well as logo under a single claim.
Choose the Appropriate Class:
The foremost step while registering a trademark is to select an appropriate class for trademark protection. In total, the trademark registry has offered 45 classes for certain details and services. Depending on the business activity, one can select the most suitable class. One can also apply for multiple classes for registration if they find more than one connected class. Moreover, while making an application, an individual should describe the goods and services. Once the application gets filed, one cannot change the class and description.
Select Colour Logo:
It’s a kind of expedition for many trademark applicants to consider whether to apply the logo in black and white, or in colour. With a coloured logo, you can secure a logo in a certain combination of hues. With other patterns, the use of TM or © is not allowed. If you want to protect the logo with an unusual colour scheme, you must file a new registration application. However, the case is not similar to the black and white logo. The applicants can use any colour in the trade to secure the logo pattern without any explicit colours. Moreover, different colour schemes with clearness are straightforwardly identifiable due to which it needs protection.
Inclusive Accessibility Check:
If an application is filed for a similar trademark, one can face difficult oppositions. It is preferable to have opinions from professionals as they compare the application with several other applications under the trade and class description. The individuals applying in different classes should make sure of availability in every class. Thus, if trademarks are offensive, not unique, or unreliable, they do not register.
It’s Vital to Assert User Date:
If you are using the trademark for a long time, then it’s mandatory to provide the user data in the application. In the case of two comparable applications filed, an applicant who claims earlier user date gets priority over other applicants. In India, the trademark registration follows the rule of priority to use instead of first who claim. The individuals who want to claim the user date should give supporting documents such as newspaper ads, invoices, registration certificates, documents supporting online presence, and many more.
Who Can Help Me to Register a Trademark for My Business in India?
Are you a startup that wants to get their logo or brand name trademark registered? Want some expert assistance to register your business in India? 3E Accounting Firm is your solution for finding the best business advisory services to set up your business. Being the most reputed and highly trustworthy in assisting in registering a trademark, we promise that all our clients get 100% satisfaction and corporate support.
3E Accounting India
3E Accounting India is a corporate service provider and accounting firm assisting clients with company formation and incorporation. We offer company secretary and business-related services in India.