A trademark is the distinct identity that distinguishes your company, product, or service from the competition. A registered trademark is the intellectual property/intangible asset of your company. It safeguards the investment you’ve made in building trust and loyalty among your customers.
The registration gives you the right to sue anyone who attempts to copy your trademark and prevents others from using a similar trademark to the one you registered.
What Can You Register As a Trademark?
Many aspects of your brand’s image can be trademarked. The thing to think about is which aspect of your brand stands out to your customers. Select the aspect(s) for which you want to register.
a. Product Name: You can register the name of a specific product as a trademark. The iPod is a product name trademark owned by Apple.
b. Business Name: The most common route for businesses is to register their company name as a trademark. As an example, consider the company Bajaj.
c. Person’s Name/Surname: If your name is important in generating revenue, you can even trademark it! For example, Shah Rukh Khan has registered his name as a trademark.
d. Abbreviations: Company or brand name abbreviations can also be trademarks. Ex: BMW
It is strongly advised to trademark your logo because it visually represents your brand. A logo is easier for your customers to remember than a name. Nike’s ‘swoosh’ is an excellent example of a logo trademark.
If your company has a tagline, you can trademark it as well. A tagline tells your customers what your company stands for. For instance, KFC’s “It’s finger lickin’ good.”
4. Alternative options
a. Color Mark: You can trademark a single colour or a colour combination. (For example, Cadbury has registered the colour royal blue as a trademark.)
b. Sound Mark: We can trademark musical notes or sounds if we can demonstrate that they are distinctive. Nokia has registered its tune as a trademark.
c. Scent Mark: Scents can also be trademarked.
Why Is Trademark Registration Important?
Trademark registration is important and required for a business for the following reasons:
- It showcases your unique identity.
- It helps in the development of customer trust and loyalty.
- It provides legal protection for the identity of your brand.
- It is a valuable asset in and of itself because it prevents unauthorized use of your brand’s identity.
Register Your Trademark Today
There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution when selecting the classes because they will determine the validity of your trademark for your company’s products/services. If your company sells a variety of goods and services that fall into different classes, you must ensure that you apply for a trademark in each of the applicable classes.
In India, some of the most popular trademark classes are:
Class 9: which includes computer software and electronics,
Class 25: which includes clothing,
Class 35: which includes business management and advertising, and
Class 41: which includes education and entertainment.
If you operate in one of these trademark classes, you may face more competition for a trademark. However, as long as your mark is distinct, this shouldn’t be an issue.
The Incorpz Trademark Registration Process
The process of registering a trademark is more complicated than one might think. At Incorpz, we make it simple for you by breaking it down into three steps and handling the majority of the work.
Step 1: Perform a trademark search.
Once you have provided us with the basic information about what you want to trademark and the industry in which you operate, our experts will conduct a thorough search of the trademark database. This is to see if the mark you want to register is available.
We will proceed to step 2 once you have decided on an available trademark.
Step 2: Document Collection and Class Selection
The next step is to choose the appropriate class(es) for your company. However, you should not be too concerned. Our professionals will assist you in selecting the appropriate classes to cover all aspects of your business. At the same time, you can begin uploading all of the required documents (listed below) for trademark registration in your dashboard.
Step 3: Filing a trademark application
Once you’ve uploaded all of the documents, our team will go over them to ensure they’re correct. The trademark application form will then be completed on your behalf and submitted with the documents. Our team will make sure your application is correct and error-free.
We will keep you updated throughout the process and alert you to any Trademark Registry notifications until the registration is complete.
Meanwhile, as soon as the application is submitted, you can begin using the symbol ™ !
Initially, we will be requiring the following details:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)
Here are some of the reasons why you should choose Incorpz to file the trademark application for your company:
We conduct an extensive search of the TM directory.
We prepare the authorization letter so that we can register your trademark on your behalf.
Our experts will advise you on which classes to apply for. We will fill out the paperwork and submit it to the Registrar.
We will keep you updated until the registration process is completed.
Throughout the process, you will receive the best possible assistance, and all of your questions will be answered.
FAQs on Trademark Registration
☑ What is a trademark class?
The Trademark Registry categorizes goods and services into 45 categories. Each class lists a variety of goods and services, and depending on what you offer, you must specify the class(es) on your trademark application. Only those classes would be registered and protected for the trademark.
☑ What types of trademark applications are frequently rejected?
If your trademark is similar to an existing application, would be offensive to religious sentiments, contains geographical names or common words, it would be rejected. It would also be rejected if it had the potential to cause confusion.
☑ When am I permitted to use the ™ symbol?
You can use the ™ symbol as soon as you file the application and receive an acknowledgement. After completing the registration process, you may use the ® symbol.
☑ How do I conduct a trademark search?
By clicking here, you can easily conduct a simple trademark search. If you are serious about registering your trademark, it is best to hire a professional to conduct thorough trademark research.
☑ What if my trademark is already in use, but in a different class?
You’re still in luck if your brand name has already been registered, but in a different class. Unless the brand is extremely well-known (such as McDonald’s or Fiat), your application will most likely be approved.
☑ What if someone has a similar word registered as a trademark?
You are unable to obtain the word, but all is not lost. Instead, you could create a unique logo for your company that includes the name. So there is a way out, but it is preferable to have a distinct name.
☑ Do you guarantee that my trademark will be approved?
It is entirely up to the government’s discretion. However, if it is unique, it is very likely that it will be granted.
☑ Should I register the trademark under my own name?
Many start-up founders register it in their own names, whereas large corporations prefer to register it in the name of the company. This is due to the fact that the future of a start-up is never certain. If the founder owns the trademark, it is valid regardless of the state of the company. In this case, however, a trademark license agreement is required.
☑ How long will it take for me to get my trademark?
Approval of your trademark can take anywhere from 6 months to a year. However, if we can get all of the details and documents as soon as possible, we can apply for and begin using the ™ symbol within a few days.