5 Things To Keep In Mind While Filing For Trademark

As the famous quote by Shakespeare goes, “What’s in a name?” Well, in today’s world, a lot! With businesses fighting for exclusivity and originality in their names, it has become crucial to protect your brand through Trademark registration. A Trademark, according to Section 2 of the Trade Marks Act, 1999, is a mark that distinguishes the goods and services of one company from another. It can be anything from a symbol to a label or a logo.

Trademark registration provides legal rights to the owner to use the name, logo, symbol, etc., as the identity of their business. It also helps customers associate your brand name with your product/service, creating a strong consumer base. For instance, Cadbury is a multinational company known for its milk chocolates. Still, due to its unique and widely used name, people interchangeably use Cadbury to refer to a basic milk chocolate.

In India, the Ministry of Commerce & Industry, Controller General of Patents, Designs, and Trade Marks, and Indian Government regulate Trademark Registration. Before initiating the registration process, it is essential to keep the following crucial aspects in mind:

1. What can be trademarked?

Understand what can be trademarked and what cannot. You can trademark a wordmark, device mark or logo, unique sound mark associated with your brand, or a new color/shade of color.

2. Which are the types of Trademarks?

Goods marks and Service marks are the two broad categories for trademarks. There are also Product marks, which are marks on products or goods, and Service marks to register services. The applicant needs to choose the appropriate class from the notified classification to register a Trademark according to the nature of its products/service provided.

3. Choose a mark that is protective

Choose a unique and easily identifiable mark that protects your brand from infringement. Ensure that your mark is not too common or generic or directly descriptive of your product/service, leading to issues arising due to its similarity with common words or other brand names or logos.

4. Check for similar marks and the availability of the chosen mark in the specific class

Running a preliminary search in the database to check for any similar trademarks in the same class is crucial to avoid rejection of the Trademark application.

5. The cost involved

The cost of filing a Trademark application varies based on the type of entity applying for the mark. It is advisable to renew the registration before the lapse of ten years; otherwise, the mark will be considered abandoned and can be applied for by someone else.

Trademark registration is an efficient tool to gain a competitive edge over other businesses of similar nature. Apart from providing a unique identity, filing for your Trademark comes with a package of advantages that can be beneficial for the business in the long run. These include a greater brand image, product differentiation, identity, and most importantly, legal protection against infringement.

If you need any legal assistance in Trademark Registration, Treelife Consulting is a one-stop solution for you. Contact us for more information.

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Nikita Sukhathankar

Senior Associate | Transactions | [email protected]

Brings deep expertise in transactions, regulatory compliance, and corporate law. Specializes in venture capital, private equity, and complex deal structuring, helping startups navigate financial and legal frameworks with ease.

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Specializes in transaction advisory, including mergers and acquisitions, investment structuring, and corporate legal matters. Combines a strong background in law and finance to drive seamless transactions and business growth.