The most important step to build your brand – is it’s ‘recognition’ or ‘identity’ in market. All those ancient sayings – Well begun is half done. A journey of thousand miles begins with a single step. Nothing is more exhausting than the task that’s never started, and strangely, starting is often far harder than continuing – are really true. Competition is an undeniable fact in the world of business and in competitive market, unshielded launch of product or service will be the last mistake you would like to commit.
A business is distinguished by its company name and log where as a product is distinguished by its name, logo, packaging and/or shape. Most business owners have a basic idea that trademarks are good for business. But a few understands the importance of having a “trademark strategy” right in place.
In general, a trademark can be a unique combination of words, letters, sounds, designs or other elements that distinguish one company’s goods or services from those of another. Over time, trademarks can acquire a significant amount of goodwill and reputation and become valuable marketing and advertising tools. Incorporating trademarks into your brand development process early can provide significant advantage for your business.
Using a trademark logo and name for your company is the first step of your proactive plan for staying ahead of the competition.
According to experts first thing that catches the eye of customers is the name and design of the product followed by its utility. In competitive business world success can only be achieved by the strategic implementation of business policies and plan that gives you an upper shielded hand over your competitors. Following 10 tips will prove as saviour to your startup-
Written 5 years goals for your business–
Your trademark strategy should recognise that your business brand will develop and potentially expand over time. It is important to write you five years goals before you file a trademark application. It is important to consider not only the products or services that your business currently offers but also that you can reasonably foresee offering in the future. When preparing your trademark application, keep in mind that a trademark application must list the specific goods or services for which you are seeking protection. Remember that once you file your trademark application with certain list of goods & services, you cannot later amend the application to add goods or services that are broader than those included in original application. For the purpose, fresh application, revised fees and lot of other technicalities will occur which you definitely would like to avoid.
Unique name and logo for your company –
Many business employ multiple trademarks across their product and service offerings. For example, you may operate your business under one name and logo, sell a variety of different products each under its own unique product names and logos, and run a series of advertising campaigns featuring catchy slogans. How many cups of steaming hot coffees would you need to come with a quirky name to identify your business? It may sound easy, but believe me, you will surely have to rack your brains for this one. A simple word in English or Hindi dictionary thatdescribes your services or products cannot be used to trademark yourbusiness name. The trademark should be distinctive and unique for your business.
Self-Help for an online search
Trademark infringement, even if done accidentally, can led to serious legal obligations. Therefore it is extremely important to conduct an online search to make sure that the trademark name and logo of your company has not been used elsewhere.
The trademarks registration in India are controlled by the Indian Controller General of Patent Designs and Trademarks. Visit their website to find an online trademark search database. You cab conduct search by yourself or even seek professional help. There is a list of attorneys who work in Indian trademark and patent law, easily available online. In the trademark search page, you need to provide:
- The trademark name you shortlisted
- Class of trademark (there are a total 45 distinct classes to choose from).
ONLY WHEN THE SEARCH OPTION SHOWS “no match found”, it signifies that you trademark is unique and you can proceed to next step.
Identify International Markets
Trademark rights are country-specific. A trademark application or registration is one county does not grant you rights in another. To ensure trademark availability, you should consider seeking protection not only in the countries in which you currently offer products or services, but also those in which you plan to expand in the future. Otherwise, you may find your trademark unavailable in key markets, forcing your company to launch under a different brand name and in turn, losing any valuable pre-existing goodwill.
Secure related key assets
In addition to trademark availability searches, an effective trademark strategy should also consider whether corresponding key assets, such as domain names and social media handles, are available. Securing corresponding domain names and social media handles will not only complement your brand protection strategy but will also prevent potential infringers and squatters from acquiring them first.
A thoughtful trademark strategy adds value and prevents misuse of your brand by others. Keeping these considerations in mind while formulating your trademark strategy will help you build powerful brand that aligns with your current and future business goals.
Trademark application
After confirming the uniqueness of your trademark you must file to register it . Get your trademark application form, Form TM 1 by downloading it from the Controller General Website. The form will cost you INR 3500, a one-time fe to be paid at the time of procurement. The
application form requires you to submit the following documentation:
- An identity proof of the directors (if there are multiple owners) along with address proof
- A description of your goods or services in not more than 500 words
- A standard 9 x 5 cms image of your logo.
Filing of the trademark registration application can be done manually or you can do e-filing. In the Manual filing, you’ve to apply for trademark by submitting the form in-person at any of the five Trademark Registry Offices, namely in Delhi, Mumbai, Ahmedabad, and Chennai. After you have filed the application, the acknowledgement will be received within 15-20 days of filing.E-filing is simple and acknowledgement of application is immediately issued.
Scrutiny by registrars office
The application is now scrutinised by the concern officer to ensure the uniqueness of your brand name. The registrar checks that the name does not conflict with the existing or even pending brand name application and ensures that legal formalities are fulfilled. If you really racked your brains, coming up with a unique name, this one will be easy-breezy for you.
Publication
If you have successfully crossed the hurdles until this step, your trademark name and logo is published in a reputed Indian Trade Mark Journal. If there is no opposition raised on your chosen company name within 90 days or even 120 days in a few cases, it’s time for celebration!
Trademark Registration Certificate
If the registrar receives no objection within the stipulated time, your trademark name and logo is officially protected. You will finally receive the Certificate of registration with the seal of the trademark Registry.Woohoo! You finally did it. The entire process that you go through right from when you apply for trademark to the time you receive it is completed over a period of 15-18 months. Your trademark name and logo is legally valid for a period of 10 years and can be renewed easily by paying the renewal fee.