Your trademark is the identity of your brand. So, choose your brand name wisely if you want to create value for your business.
Five things you should remember while choosing the brand name and filing a trade mark.
1. Should be capable of being represented in paper format: Any person should be able to write down the selected name on paper or print it on paper. If it is a logo, the design elements used in the logo should be printable on paper.
2. Should be in use or proposed to be used: the owner of the selected name must be using the name already for his business, or he will use the name after filing the trademark application.
Unique, coin term: It should not be a common expression, dictionary word, God or Goddess name. A term derived from the combination of 2 words and did not have a dictionary meaning may have a higher chance of registration. But it should be easy to speak, spell, pronounce and remember.
Distinctive but not descriptive: It should always be capable of differentiating the goods or services from others but should not suggest the quality, quantity or type of goods or services going to be provided under that mark. Also, it should not be a Generic word that is a synonym for the activity, products /goods, or services going to be provided under that mark.
Geographical Location: A selected word should not be a name of any geographical location. Also, a geographical map cannot be used as a logo for any mark.
Well-known Mark: This should not be a copy of any well-known worldwide mark. Worldwide famous brands can not be used for the same or different business domains.
Market research for a selected mark is necessary to check whether the selected mark already exists in the market. Some brand names have existed in the market for a long time and have goodwill in the market but have not applied for trademark registration. In such a case, based on use and goodwill in the market, the owner of the existing brand can send a legal notice even if the selected brand is applied for the trademark or is registered.
Conduct a trade mark search before filing a trademark to check whether the selected mark is already filed or registered with the TM Registry in the same business domain. Conducting a trademark search before going ahead is an excellent strategy to avoid infringement and litigation, which can ultimately lead to losing your business.
Always take assistance or help from a professional instead of filing a trademark on your own. The professionals can make sure that all the above criteria are fulfilled. They can advise you on all possible ways to avoid rejection, infringement, or litigation for your trade mark.
In conclusion, the process of registering a trademark is both critical and meticulous, requiring attention to detail and strategic planning. By following the above-mentioned tips, you can significantly enhance the likelihood of a successful trademark registration. These steps ensure not only legal protection for your brand but also establish a strong foundation for your business’s identity in the marketplace. Remember, while the process can be complex, the assurance and benefits that come with a registered trademark are invaluable assets to your business.
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