Things to be considered before Trademark Registration

Trademark registration is an important step for any business. It's a good idea to review the online trademark application carefully.

This article provides clear information to help you follow the right steps for registering your trademark.

What is a Trademark?

A trademark is a legal term for "Intellectual Property." It refers to a symbol, word, or combination of words that are officially registered or used to represent a company or product.

5 major things to keep in mind before registering a trademark

1. Choose your trademark carefully before registering it online.

Keep your logo original and free from being copied. While using a common name might seem tempting for advertising, it's not a good choice.

You can apply for a trademark online for both your name and logo together, making it less expensive.

2. Choose a coloured or a black and white logo

Whether you're registering a trademark online with a coloured or black-and-white logo, the goal is the same.

You can’t use the logo with other colours and still ask for protection.

Also, you can't use the 'TM' or 'R' symbols with different designs.

3. Using the class and description to support long-term goals.

There are 45 categories to classify all products and services. When applying, you need to describe your goods or services.

You can either choose a specific product and its description for each category or create a custom description based on your needs.

4. Verify your availability

You need to have a copy of your logo or trademark ready to use.

If someone has already applied for a trademark similar to yours, you may face difficulties during the online registration process and may not get the trademark successfully.

5. Make sure to mention the date you started using the trademark.

This rule applies when two similar trademark applications are filed. The applicant who can prove they used the trademark first gets priority. This applies regardless of the business size, revenue, or application date.

In India, trademark registration follows the "first to use" principle, not the "first to file."

Conclusion

Before registering a trademark, it's important to evaluate factors like uniqueness, prior use, and supporting evidence.

This ensures a smooth registration process and protects your brand legally, making sure you meet all the requirements for successful trademark protection.