Nowadays, any where and everywhere I see a banner or poster screaming out loud: â€œRegister your Trademark @ Rs. This and @ Rs. That, etc. â€œ What is this trademark? What are the things that you should keep in mind about trademarks? In â€œ5 things to know about Trademarksâ€, we will list 5 general topics that you should keep in mind before going for a trademark registration.Â
What is a trademark?
A trademark is the mark, logo or trade name which identifies your business to your customers. A trademark registration is valid all over India. It is a very prevalent way of branding your business thereby differentiating your business from your competitors.
How does the system work?
There are 45 categories/classes in which your business can be registered. Classes 1-34 deal with goods and 35-45 deals with services. Obtaining trademark in one class does not restrict others to obtain the trademark for the same mark, name or logo in other class. There might be exception to this rule. It is very important to choose the class in which your business falls.
5 things to know about Trademark:
1. You can trademark every asset that is intangible:
It is a very common notion among startups that you can only trademark your patents or brand names. However, trademark is intended to protect all your intellectual properties. Intellectual property does not only include patents and inventions. It includes even your brand assets like company name, logos, tagline, etc.
2. Incorporating your business does not mean your name is trademarked:
A legal name of a company is completely different from a brand name, or trademark. Company registration with one name does not guarantee the name or part of the name is trademarked. For creating your own brand, you need to take up a separate registration for trademark. For more details, please visit: Brand Name is different from legal name
3. It is very important to choose the class of trademark:
As mentioned earlier, there are 45 classes of trademark. Many a times, it is very much possible that your business may fall in multiple classes. For eg: for IT and ITES businesses, the relevant classes usually are 42, 35 and 9. The more classes you register, the more protected you will be.
4. The faster, the better:
The process of obtaining trademarks itself is mostly a time taking process. Hence, the sooner you file the application the better it is. Also, it is also advisable to run a search for the trademark before filing the application. This would ensure that your mark is not in infringement with some other existing trademark.
5. Registration in India would be necessary before registration in other countries:
If you are aiming at an international trademark, then registration in India is necessary before you register it worldwide. Any company or firm, who desires to extend its businesses to any targeted country of the world, cans the international treaties for trademarks, to which the desired country is a member. ___________________________________________________________________________________________