Starting up a business is always a dream, but sometimes one may face challenges from the competitors. One invests his life in making a brand name and seeing someone else using your name brings you down the hill. Therefore, the solution is to trademark business name.
Getting a trademark is not a difficult task. It requires only a few steps and is easily achievable by going for Trademark Registration Online.
Steps to Trademark Business Name
The first step is trademark search. It generally costs about 0-500. This process is necessary as it is required to verify whether your business name or logo is already a trademark.
Agent searches within the trademark office for any similarity. At most, it takes 4 hours to do it. There are two types of searches:- online and offline. It is advisable to conduct both searches to avoid any future legal actions.
It is about applying to the trademark office. After the search, the agent will create an application if the business name is unique and is not available in any category.
If there is already a trademark, the one applying has to change the name. However, if you feel that you are using it for a long time, even before the other person, one can use a trademark symbol after an application.
Trademark registration is the next step. The time frame is approximately 6 to 24 months. There is a nominal charge for getting a trademark.
It is INR 4,500 for individuals whereas, for companies, it's INR 9,000. One also needs to pay the lawyer fees, that is approximately INR 3,500.
After the registration, the trademark office examines the application closely. In this step the status of the application changes to "marked for Exam".
Read more about: Marked for exam Status in Trademark.
The examiner has to verify all the details if there isn't any trademark of the same name.
If the trademark is accepted, it takes its place in the journal. Sometimes the applicant needs to change few details, after which the trademark will make its place in the journal.
Sometimes trademarks aren't accepted and are called for hearing. In this case, one needs to bear the reply and hearing costs. These are 4,000 and 5,000 INR respectively.
After the trademark has made its place in the journal, people get an opportunity to object to the trademark. However, one should file an objection within a time frame of 6 months.
If there is no objection, it proceeds to the registration.
If there is an objection, one needs to be present at the time of the hearing. It depends on the registrar and also the documentation proof on which side the case will bend.
You can also take expert help to reply to the objection.
A trademark's life is ten years. After this, it needs to be processed for renewal. One needs to file an application 6 months before the deadline and pay the renewal fees at the designated office.
As it can be seen that getting a trademark is an easy process but having a proper assistant taking care of the application is always preferable.
It not only helps you in applying, but it may help during the time of an objection. Every big firm is having a trademark. When someone mistakenly copies the trademark authorities ask them to pay a hefty fine. It is a sign of guarantee, and no one is using your name to gain popularity.
A common way to protect your intellectual property and the business is by marking the brand. Trade names, logos, products, and labels can be translated.
In this article, we explain how a trademark name benefits a company, and also measures to mark a trading name, and more.
Advantages of Trademark Business Name
Here are some additional advantages of trademarking your business name:
- Providing clarity:
Registered trademark Your business name keeps consumers confused with another business, which could affect your sales.
- Avoid legal action:
If you and another business have the same name or similar within your industry, there is a potential that can be opened to legal causes or legal actions without a registered trademark.
Once registered, you can take legal action if another activity uses your business name.
- Attract investors:
Investors are more likely to provide funds to your business if you have a trading name of registered trademarks, as you can provide proof of the property.
- Build your brand:
The brand creates brand identity using lined logos, sources, and colours, together with the registered trademark name.
The construction of a strong brand with a marked trade name allows you to influence how your consumers will feel when you see your brand.
If they do not mark the brand, you may be open to legal problems.
If another company has a name similar to yours, then you may be forced to change the name of your business.
Furthermore, its trade name will not have the potential to be recognized at the national level or with protection without a registered trademark.
Business names and Trademarks
When you start for the first time, it is essential to understand why you need to register and how to protect your company's brand.
If you have no longer registered your business name, you will probably have a good idea of what you want.
A trade name is a name under which it does business. It establishes your identity in the eyes of your customers and other firms.
- If you are negotiating under a name that is not yours, you need to register a business name before starting the operations.
- A commercial name identical or too similar to the registered name of another business or Indian company cannot be registered.
- The registration of a business name does not preclude the use of the name by someone who has registered it as a trademark.
A registered trademark is something that is used to differentiate your company from other products and services.
- A registered trademark can be an alphabet, a number, a text, a phrase, a logo, a picture, a sound, a shade, a shape, or a climb.
- When registering a registered trademark, it obtains exclusive rights for the name of your company in India.
If you find a change mark, just as yours already exists, it could be practicable for every sign of change to coexist.
For example, dove on soap and chocolate both brands are for the same word, soap and chocolate are considered different products, with a separate purpose and sold through dissimilar business channels.