TRADEMARK REGISTRATION

Steps to be Considered While Developing an Intellectual Property

Check trademark databases to avoid using an existing trademark and protect trademarks before launching a new product or service with a new brand name. It is important to consider export markets when doing so and avoid using brand names that may have an undesirable meaning in a foreign language.

Identify patentable subject matter and make sure it is patented early enough to avoid losing the invention to competitors.

Make sure that patentable inventions are not shared with others or published before filing a patent application. In order to meet the patentability criteria inventions must be considered new. Early disclosure of an invention (e.g. through publication) will compromise the chances of the invention being considered new, and therefore patentable.

For export-oriented firms, make sure IP is protected in all potential export markets. In the case of patents, it is important to bear in mind that an enterprise generally has 12 months from the date of filing of a national application to file the same patent application in other countries.

Monitor the market and make sure that your IP assets are not being infringed. If violation of your IP rights is detected it may be advisable to contact a lawyer.

If you are unsure about how to best protect your company’s intangible assets, conducting an IP audit may be a good first step in order to identify all your company’s valuable information and to develop an IP strategy. On occasions, companies are unaware of the wealth of assets they possess in the form of information, creative ideas and know-how and may, therefore, not take adequate steps to protect them.

Why register a trademark

A trademark is a phrase, word, symbol, or design that identifies a business product or service. Once your trademark is registered, you can keep others from using the same or similar trademark in businesses.Once you have determined how you presenting your goods or services to the public, you will likely have certain logos or designs that are unique to your company or your products. These marks are used to identify your brand and to help you stand apart from the competition. If another company uses the same (or closely similar) designs for its products, then it has the potential to cause confusion among consumers and dilute your brand. That is why protecting your trademark is so important.

Trademark search and registration will avoid the beginning cost.

If you don't register and you find out later that another company already has the same or a very similar name, you must redo all your marketing materials and advertisement so it is better to register apply first after doing a search

Trademark search and registration will avoid the litigation cost later

If you do not register and there happens to be a registered owner of the same or a substantially similar mark, that owner will have an indefinite period to find you and sue you for infringement.

Top 3 Trademark Mistakes

  • I own the domain name, so I own the trademark.
    Registering your brand’s domain name (.com,.biz,.info) does not mean that you have acquired or own any trademark rights. Trademark rights arise from actual use, therefore, the mere registration of a domain name, does not secure trademark rights. Additionally, it is important to register your mark with the Trademark Registry

  • I incorporated the business name with the state, so I own the trademark.
    Merely registering the business name as a coporation, Private Limited Company, LLP or any other entity with the state does not mean you have acquired or own any trademark rights in the mark. Trademark rights arise from use therefore, the mere incorporation of a business, without use, does not suffice to secure trademark rights.

  • My trademark covers all goods and services.
    Trademark registration and protection is divided into classes of goods and services. Owning a trademark registration in one class of goods or services does not necessarily mean you can enforce it against someone using it in another class of goods or services. Another’s use of the mark may infringe if it would be likely to cause confusion. When applying for a trademark to protect your company’s brand an important consideration is the depiction of your mark on the trademark application. The two possible mark formats are the standard character format which includes the word(s) alone or the stylized or design format.
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4 steps to better protection


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Identify the Mark / Logo
to be registered as Trade Mark


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Search the availably
of Trade Name / Mark for registration


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Identifying the Class under which the Trade
Mark has to be registered


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Filing the application
with Trade Marks Registry