A trademark enables a business to promote its brand in the cutthroat marketplace. A trademark is defined as a name, logo, phrase, design, or word that distinguishes the goods and services of one company from those of another according to Section 2 of the Trade Marks Act, 1999. The protection of your brand's different emblems, taglines, labels, graphics, and names is guaranteed by trademark registration. Additionally, it gives customers a clear picture of your firm or business. The Ministry of Commerce and Industry, the Controller General of Patent Design, and the Government of India all oversee trademark registration in India.

The Steps For Choosing Your Trademark

1. Carefully Choose your Trademark -

If you intend to launch a business in India, you should carefully review your trademark to make sure it stands apart from other registered marks. While some entrepreneurs find it very easy to connect with the well-known brand, it's not a sensible strategy. Please consider standing in this place for a long time. Try to make your name, logo, or sign entirely original and non-copied. Even if you might want to choose a popular or generic name for advertising purposes, it is not a good idea. Additionally, you must make it distinctive and special. Any resemblance to a brand that already exists in your industry can prevent you from registering a trademark. For you and your business, it will be financially advantageous if you want to protect both the brand name and logo. One application can be submitted for both the brand name and the logo. The prerequisite is that the brand name appears in the logo. If there is a conflict, you can be told to choose just one of them.

2. Complete Check for Availability -

For the trademark registration application, the mark or logo must be accessible. You will encounter challenges and objections if there is an application already submitted for a comparable or approaching mark. Therefore, it is advised to hire an expert or professional through a report of a widespread search. Experts contrast multiple applications under the class and trade description with the application for trademark registration. The database of all applications filed with the Trademark Registry in India is covered by the trademark search. If you are applying for numerous classes, you should confirm that a trademark is available for each class. You can evaluate your prospects of registering using the search report.

3. Choose Between Color Logo or Black& White - 

The logo cannot be used in a variety of colours while you want to preserve it. Other patterns are not permitted to use the ® and TM emblems. You should submit a fresh trademark registration application if you want to protect the logo in its updated colour scheme. Additionally, this results in professional fees and government expenses. With the black and white logo, such is not the case. The colour patterns work well with filing this. Since your logo is protected without any particular colours, you can use any colour in the workplace. This strategy is typically used by firms and startups in rapidly evolving markets to help them generate revenue. Fresh colour schemes are easily distinguished, and they also need to be protected.

4. Claim the User Date -

If you are using the Trademark for very long, then you should provide the user date in the application and know why the user date is essential. For the purpose of Trademark, the User Date is the date since when the mark is being used. This is beneficial in two similar filed applications. The applicant requesting prior to the user date gets priority over others. The priority is regardless of the business scale, turnover or application date. In India, Trademark Registration follows the rule of “Prior to Use”and not first to claim. For claiming the user date, you should provide relevant documents like newspaper advertisements, invoices, and documents supporting online presence or some other registration certificates. Remember that you shall not claim the incorrect user date at any time because it is illegal. Moreover, if you still have not put the mark in use, you can make the application claiming it to be “Proposed to be Used”. You can safeguard a brand name or logo for its usages in the future also.

5. Choose the Right Class -

To register a Trademark, it is essential to choose a suitable class for Trademark protection. The Registry of Trademark has provided 45 classes for particular services and details. As per your business activity, pick the most appropriate class. In case you find more than one class, then you need to apply for multiple classes for Trademark Registration; you can safeguard the brand only under the class it is applied for. This applies to the specification provided in the application.

Conclusion:

For any business, registering a Trademark is an essential stage. So, it is obligatory to evaluate the application form in all aspects. Once you file an application, you cannot change the application, especially for the features discussed above. Hence, you should hire an expert to file your Trademark Registration application and advise you on many different phases of the application.