New Business ? Precautions While Choosing Brand Name (Trademark)

For a new business, to select a right Trademark , which shall successfully identify and distinguish its product from that of others in the market , is an essential decision and often a brain racking process. Adequate caution while selecting and adopting a Trademark is of utmost importance, since a Trademark when applied for Registration If not in accordance with the Trademark Registrability laws , ends up being rejected by the Indian Trademark Office at a later stage when large sum of investment has already gone in using and promoting it.

With Internet flooded with Indian Trademark Registration Services making false Promises of Trademark Registration within a day , and withholding complete information, the Applicant needs to be cautious and understand that filing an application for Trademark Registration does not guarantee it’s Registration. Before granting Registration, The Indian Trademark Office scrutinises every Application minutely to ensure it is as per the parameters laid under the Indian Trade Marks Act 1999.

Hence, Let us look at vital precautions that needs to taken before finalising on a Trademark:

A Trademark should be absolutely distinctive and not identical or similar to any prior existing mark. Once a Trademark is selected or short listed to be adopted , before filing Trademark Application it is important to make a comprehensive search in Indian Trademark Office Records for any prior registration or pending Application for similar mark, Also, it is important to do a thorough market research to ascertain that no mark similar or identical for similar products or services is already in use in market, the reason being that , the Records Of Trademark Office cannot be guaranteed to be complete.

Further, A Trademark should not indicate characteristic of goods or services such as kind , quality , quantity etc. Any word which is commonly used in established trade practices cannot be registered as Trademark. For example to designate quantity , words such as “litre” “grams” are required to be generally used and hence cannot be monopolised by registering as Trademark.

Lastly, A Trademark should not be scandalous or obscene or hurt religious sentiments or deceive public causing confusion.

Keeping in view these laws, investing time in creating a new and unique Trademark , that is not prior in use and that which successfully distinguish the goods and services of it’s proprietor , will surely improve the chances of its Registration.

The Author Can Be Contacted At sudhamanjulajha@gmail.com  OR Ph. +91-8929203324