You’ve designed a logo to represent your business. Before sending that logo out into the world, you should consider how to protect the design, and the business behind it, through correct use of trademark law. The transition from concept to operation, from design to brand, is a crucial one.
1. What is a trademark?
A trademark registration online protects a word, slogan, image, logo or some combination that connects products with the maker of those products from being used by someone else. A trademark can take many shapes, as long as the mark you want to protect is distinctive.
The public should recognize the trademark as an identifier of the product‘s source. A classic example of a trademark is the Nike swoosh symbol. When you see that mark on a pair of sneakers you instantly recognize those shoes as a Nike product.
2. What does a trademark protect?
The purpose of a trademark is to protect your business’s brand identity in the marketplace. To use another shoe company as an example, the Adidas trademark of three white stripes lets people know that the shoes they’re about to buy were designed and made by the Adidas company. If a company begins selling shoes with two white stripes, people could easily think those shoes also are Adidas shoes. Not only does Adidas lose money from the lost sale, but they also lose consumer confidence, if the similar looking shoes are inferior in quality. The law says that your trademark is infringed upon when another company’s brand elements are similar enough to confuse consumers. Infringing companies must stop using the similar trademark.
3. Who owns the logo trademark?
Trademark ownership comes from actually using the trademark for products in commerce. The logo designer usually isn’t the trademark owner. The business owner who uses the trademark properly owns the trademark.
4. When does a logo become a trademark?
Your logo becomes a trademark when it appears on labels, packaging or the product itself and the public recognizes the company behind that particular combination of colors and shapes. Imagine you see a sign with golden arches; you probably are picturing a Happy Meal (also trademarked) or similar fast food item at a McDonald’s restaurant.
5. What do you gain by registering your logo as a trademark?
In the United States, trademark rights begin when the trademark is put into commercial use. That means as soon as you begin advertising your product with your logo, your logo is technically trademarked in the eyes of the law. But these automatic, common law trademark rights are geographically limited and difficult to enforce. So even though you don’t have to go to the trouble of officially registering your trademark.
6. Does your logo qualify for registration?
Though the Patent Office approves hundreds of thousands of trademark applications annually, not all trademarks are eligible for registration. Trademarks cannot be offensive or misleading, for example. Applications for trademarks that are too similar to existing ones will be denied unless the products are completely unrelated, as in the case of Apple Computers and Apple Corps, a record company owned by The Beatles. Marks that sound alike, mean the same or are visually similar to each other are likely to cause confusion among consumers and won’t be registered.
7. When can a trademark be registered?
You should begin the process of trademarking a logo as soon as possible, submitting an intent-to-use application even before your business or product launches. The trademark won’t officially be registered until the Patent Office completes its review and approval of an application.
8. What are the strongest trademarks?
The point of a trademark is to distinguish your thingamajig from the other guy’s. Therefore the trademark must be distinctive. Trademarks are classified along a spectrum from weak to strong, with the strongest being the most easily protected by law because they are distinct in the minds of the public and are readily distinguishable in the market. The strongest marks tend to be fanciful or arbitrary. Invented words, like Zynga, and words with no association with the protected goods, such as Apple, are stronger than marks that are merely suggestive or descriptive.
What is a Trademark?A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs are used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others.
A SERVICE MARK is the same as trademark registration online except that it identifies and distinguishes the source of a service rather than a product.Any substance/matter for being a trademark shall fulfill the following conditionsIt must be a mark as defined under section 2(1)(m).Such mark must be “capable of being represented graphically”.Such mark must be “capable of distinguishing the goods or services of one person from those of others”.The mark must be in use or proposed to be used in relation to specific goods and or service.Legislation:The law of trademarks is governed by the trademark.
Rights conferred by registration:The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered.Who can apply?Any person can apply for registration of a trademark to the Trademark Registry under whose jurisdiction the principal place of the business of the applicant in India falls.
Name of the Trading style or Firm name, Company name.2.
Authorization Form on Form TM-48 in stamp paper and then to be signed by the authorized signatory in case if the applicant wants to engage the services of a Trademark Attorney.8.
If it is a Private Ltd Company or a Public Limited Company, please furnish the Memorandum and Articles of AssociationInformation:Full name and address of Applicant.
You're most probably on the spot.
because we're in the industry since 2016 and helped several brands to get Trademark registration online with the help of our professionals dealing with government portals since 2016. so now you can understand and observe the experience that we're holding.
Wanted to know why register trademark in India is good?
Because when we start a business then we stay bit confused whether our brand will survive in the market or not, but when our brand gets succeed so most of the other competitors try to copy our logo to divert your customers so that's the reason register trademark in India is super beneficial for every brand, and we advised every company for register trademark in India for security.
You may contact us at 8881-069-069 for further assistance or visit our website.
As the name Suggest a mark used for Trading of goods and services.
It is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
These days people are aware about the Trademark and Brand Registration and are also wanting to register it even before they start a business so that it cannot be copied by any other person.
Trademark Registration in Pune can be done in the name of Individual or in the Name of Company or LLP or Sole Properitorship.
Trademark registration helps establish ownership and protect brand of an entity.In this extremely competitive market securing your brand/Logo/Tagline services is very important and necessary.
Registration of Trademark helps to avoid the misuse or infringement of the brand name.
Don’t let your hard effort go in vain!
You have strived hard to build your brand!
Get trademark registration done with a 100% hassle-free procedure.
Trade license is taken into account because of the path to managing the precise sort of business from a specific place.
It offers you a singular identity in comparison to other sellers especially once you sell it on online platforms like Amazon, Flipkart, etc.A Legal ProtectionIn case you doubt that your trademark is being copied by anyone else, you'll take up the difficulty legally and sue them if you've got registered your logo, brand name or slogan.Get Your Unique IdentityCustomers will identify a particular product or service only with the brand.
Registering a trademark ensures that competitors won't use it and hence it remains as a company’s unique asset.An AssetThe trademark can be a valuable asset in case your brand creates a name and succeeds.
It can be commercially contracted, sold, and franchised.Global Filing Of TrademarkA trademark that is registered and filed in India also can be filed in other countries outside India.
Soon, you receive the confirmation of the appliance, and you'll get the proper to use the ™ symbol.While filing for the trademark registration, the documents you would like to supply are as follows:Applicant’s nameBusiness typeBusiness objectivesBrand/logo/slogan nameRegistration addressIdentity And Business ProofsThe trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof.
It can be your Aadhar card, driving license, passport, ration card, or voter’s id.Using Logo With TaglineIf a trademark application is formed for a tagline with only words there's no need for a logo.
The US Patent and Trademark Office (USPTO) has announced a new Trademark Rule, which requires all applicants, registrants, or parties for Trademark Application whose domicile isn’t located within the US or its territories to be represented https://www.kashishworld.com/blog/new-uspto-trademark-rule-requires-foreign-applicants-to-have-a-us-attorney/
