Register Trademark (Brand Name) in Kerala : In this article, we are mainly going to discuss regarding 3 things: Importance of Trademark, how to choose a brand name and procedure for brand registration.
Importance of Trademark
A common mistake which is repeatedly done in all kinds of business is avoiding trademark registration at the earliest stage.
Normally 2 or 3 years after starting a business people think about registering their brand. By that time, somebody else would have registered the same mark. While starting the business some think what is there in a name and they focus on their business alone.
Actually the name tells all. When we see a brand name, we don’t know who its promoters are. If 10 new business enterprises have been started, only 2 or 3 from them will be successful. Other businesses can be seen vanishing from the market within a 1 year duration.
For these 2-3 business enterprises to be successful, lots of efforts, money and marketing expenses need to be spent. They are doing all this in brand. At a time when their business is getting flourished, someone may unfortunately send a legal notice to stop this brand. And they also would claim that this brand belongs to them. Imagine of such a pathetic situation? In order to avoid such situations, when you introduce a brand to a market, or while planning a business or prior to forming a company, it is always best to register the brand. It will take around 6 months duration to register a brand. Once registered, you can introduce your product to the market.
How to choose a brand name
- Brand name should be unique in nature. It shouldn’t be similar to some other mark. The brand name shouldn’t match with any other existing brand names in the market.
- Brand name shouldn’t be too general.
- Brand name shouldn’t have any geographical name. Any geographical area name shouldn’t be mentioned.
- Shouldn’t mention the brand quality. For instance, a jewellery shouldn’t be named best jeweller or a bakery shouldn’t be named good bakes. If such names are being given quality is being highlighted in the brand name. Such names are not allowed.
Trademark Registration Procedure
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You need to search the name availability. You have to check whether this name has similarity with any other brand existing in the market.
There are 45 classifications in trademark registering. Different classes for different products are there. First Class- Chemicals, Third Class-Cosmetics, Fifth Class-Pharmaceuticals; 45 such classifications are there.
If your product is garments, go to Class 25. Search in class that your brand name is unique and there is no other similar mark registered with trademark registration. This is the first process.
After the trademark search is being over, you have to move application with the trademark registry. Once the application has been submitted, on your brand right corner top side, you can use TM. TM is an indication to public that your trademark is under process with trademark registry. Within a 1 or 2 year span of time it will get registered.
Once application has been received within 1 month time they will do scrutiny; if they need any sort of clarification, they will raise an objection. Suppose this mark conflicts with some other mark, in order to get your opinion they will raise an objection to file a reply. Within 1 month time, we need to provide the reply. If trademark registry has been satisfied with the reply, it will be registered. Once it is registered, you can use the word R. R indicates that the brand name has been registered.
Suppose they are not satisfied with your reply, there are high chances of rejection. They may give one more chance for hearing. We can go and meet them directly and clear doubts if we wish to. Otherwise, refusal chances are there. In other cases, once the application has been accepted by them for four months period, they will publish trademark journal. In these 4 months period, if any outsider person finds their brand being similar to this brand if they need to oppose, they have chances to oppose. That is meant by these 4 months statutory period. In these 4 months, if some outsider 3rd party oppose, trademark registry will consider it and you will have to provide counter reply. You will have to complete the legal procedures and then confirm the uniqueness of your brand, then only your brand can be registered.
Once registration has been completed, you will get the registration certificate, then that brand name will be your property. Trademark validity is for a duration of 10 years. After 10 years, you need to do the renewal.