HOW TO REGISTER TRADEMARK?
THE CHOICE OF TRADEMARK, logo, name is the first thing which identifies your business barring the rest. It is crucial to check its availability before selecting the trademark for your business. In Aristocrat, we assist and advice our clients to choose the right brand or logo by evaluating the same with the existing trademarks registered or applied with Indian Trademark Office.
HOW TO CHOOSE YOUR TRADEMARK?
Coined/Invented Words: The strongest trademark is coined or made-up word; simply put one should invent a brand rather picking random words from the Dictionary. For example, the Trademark “POTHYS” has no meaning but still a strong and identifiable popular brand for textile products in India. The trademark shall be distinctive and devoid of any dictionary meaning not only to qualify for trademark registration but also for its uniqueness associated with such business in the market.
Arbitrary Marks: Arbitrary trademarks may have dictionary meaning but made-up words for the business chosen. A well-known brand is “APPLE” for Computers. Though these brands could create its own identity with the associated business, it may have its own flaw as the owner of the brand would not be able to stop others from choosing the same for different goods or services.
Suggestive Marks: Suggestive trademarks suggest the nature, quality, advantage or benefit of the products or services provided under the brand. Suggestive marks require some imagination, for example “INFOSYS” the trademark coined with the combination two different words viz., “Information” and “System”. One of our client came with the choice of TM “Clean Zone” for cleaning powders, later changed the brand after our suggestion as “Clezo” which appeared unique and the registration process was easy.
Don’ts Descriptive Trademarks: Choosing descriptive trademark for your business limits your exclusivity in the market. You will not be successful in stopping your competitor when your trademark is itself is too ordinary and it conveys immediate idea of the quality of your products. The registration of descriptive trademarks is difficult as the trademark office expect at least 5 years of exclusive use in the market before granting statutory protection under Trademarks Act. The descriptive trademarks are viz., TRENDS for Readymade Garments, AQUAPURE for packaged drinking waters and etc.,
Generic Trademarks: The common words which could be easily related to the particular category of goods or services are termed as Generic and are not a right choice for your business. For example AQUA for packaged drinking water, SAFE for Travels and etc., these trademarks are not granted for registered by the Trademarks Registry.
TRADEMARK REGISTRATION TIME FRAME AND PROCESS
2 to 3 years. Yes! You heard it right. The registration of trademark shall mandatorily undergo several process viz., examination, objection, publication and registration in case of no opposition from the public. Beware; if anyone promises trademark registration in one hour or even within a year, it never happens that way. Due diligence and incessant follow-up required from the trademark attorneys to ensure the registration of the trademark.
- Comprehensive Trade mark search report and Expert Legal Opinion
- Drafting and filing of TM applications in appropriate classes
- Suitable response to office objections
- Frequent Follow-up and communications for TM Registrations
- Timely reminders and Renewal of our client Trade Marks
- Trademark Monitoring to identify and prevent the counterfeit or bogus TM Applications
- Fool-proof Trade mark License and Assignment Agreements as and when required
- Opposition and Defending Applications of our clients
- Rectification Petitions before IPAB and Tribunal to eliminate conflicting trademarks
- Action of infringement suit and passing off suits against the counterfeiters