IS YOUR BUSINESS READY FOR A TRADEMARK, AND IS IT THE RIGHT TIME TO FILE ONE?

A trademark is a “word, phrase, symbol and/or design that identifies and distinguishes the source of your goods from another.”

What this means is that your brand and your business reputation can be protected and registering a trademark is the best way to ensure these protections can be documented and enforced.

When and at what stage you file your trademark, can be a deciding factor on whether your business name is protected and, if protected, to what degree is it protected.

My personal belief is that you should get a trademark filed as soon as possible, because the day you file, is the day you are protected from. Trademarking should be a part of your business-started kit. But if in case you think your funds may be used better at a different place for the time being, below is a guide to help you decide whether its time to file your trademark or not.

HOW TO DECIDE WHETHER YOU NEED A TRADEMARK?

If you use your business name in your day-to-day business operation like promotions, product labels, visiting cards , invoices etc, you are already protected to some degree. This is however true only if you are the only business using that name for your class of goods or services. This may involve a small geographical area. However, this way you cannot sue another business using your name. Getting that mark registered, bolsters your claim to that business name and further ensures that other businesses can not copy your name and/or defraud your customers.

Benefits of filing a trademark are:

1. You will get the exclusive right to use the mark for your specific goods and maybe even connected goods

2. You will be able to stop infringers more effectively.

3. You can protect your name nationally

4. You can apply for overseas trademarks

5. You can prevent infringing goods from entering the country

6. You can use a little “™” or a little Ⓡ over your Business name.

7. You can leverage the value of your trademark in every contract you sign, going forward

8. You can also claim the associated domain name, in case you already do not have it.

You will know that it is time to apply for a trademark if your products/services are being sold to the public and that your customers have begun to identify and associate your quality products / services with your brand name. This means that an infringer may get tempted to use your business name and fraudulent products to try and sell bad quality goods to your customers under your hard-earned name and reputation.

And in business, your reputation is everything.

HOW TO TRADEMARK YOUR BUSINESS’ NAME?

The trademark process is a simple and convenient process that can be filled online. Fees associated with it can run as low as Rs.4500/-. For the complete step-by-step process on how to file a trademark application, click here. 

Although the process is simple, remember to be thorough with the process and take your time to do your research and file a trademark correctly. Since applications do not guarantee protection, make sure that your application meets all the necessary criteria so that your trademark is granted without hassle and without delay. Remember, once if a trademark is rejected or denied, you might not be able to apply for it again, so be very careful.

For expert advise on whether its time for your to file your trademark, on how to chose a proper mark for your business and for filing a professional trademark application that is guaranteed to be accepted in no time, reach out to our trademark experts.

For a free trademark evaluation by our experts, write to us below!