Want to stop others from using your name, logo, or slogan? Trademark registration gives you that legal edge. You don’t need to be a big company to protect your brand — a simple, clear trademark can save you time and money later. Here’s a straightforward guide focused on India, plus practical tips so you avoid common traps.
1) Search first. Before you file, check existing trademarks for similar names or logos. Use the official search tools or a basic online search. If someone already uses a close match in the same class, the chances of rejection go up.
2) Pick the right class. Trademarks are grouped by goods or services (classes). Pick the class that matches how you use the mark now — and consider one extra class if you plan to expand. Wrong class choices are a frequent headache.
3) File the application. In India you file an application with the Trademark Office. Government e-filing fees vary by applicant type (individuals/startups/small entities usually pay less than larger companies). Expect to budget a small government fee per class plus any professional fees if you hire help.
4) Examination and publication. The office examines your application for conflicts and formal issues. If cleared, it publishes your mark in the trademark journal for public opposition. If there’s an opposition, you’ll need to respond with evidence or legal help.
5) Registration and renewal. If there’s no opposition or you win disputes, the registry issues a registration certificate. A registered trademark in India lasts 10 years and can be renewed indefinitely every 10 years.
Choosing a weak mark. Generic or purely descriptive names are hard to protect. Pick something distinctive — coined words or combinations work best. For example, a made-up brand name is easier to register than “Fresh Juice.”
Using ® too soon. Use the ™ symbol before registration to show claim. Only use the ® symbol after your mark is registered.
Skipping monitoring. Registration isn’t a one-time job. Watch the market and the trademark registry for similar filings. Small enforcement actions early on stop bigger problems later.
Ignoring proof of use. Keep invoices, ads, packaging photos — anything that proves you used the mark. That evidence helps in oppositions or renewal queries.
Need help? A trademark attorney or agent can speed up the process and avoid mistakes, but you can file yourself if you follow the steps carefully. Start with a solid search, choose the right class, and keep records of use — that simple approach protects your brand without drama.
Posted by Finnegan Beckett On 30 Apr, 2023 Comments (0)
As a blogger, I've been curious about whether or not it's possible to use an expired trademark. After doing some research, I've found that yes, you can use an expired trademark, but only if it's been officially abandoned or if it hasn't been renewed by the original owner. However, it's important to double-check the status of the trademark and ensure that no one else has claimed it before using it yourself. Additionally, you may need to go through the process of registering the trademark under your name to protect your rights. Overall, using an expired trademark is possible, but proceed with caution and do your due diligence.