A considerable amount of money should be spent for the promotion of your brands. A product without brand name cannot be sold to any clients or customers and hence a brand name is a must. Using a brand name will need a significant investment in labeling, logo design charges, logo preparation expenses and then putting the product with the wrapper containing your brand in to the distribution network of dealers. Mostly the process is carried out on credit and hence a lot of the product will be in the market with your brand name. Significant investment must be made her and the success of the business depends on the brand perception and how it is fared in the market.
The brand and trademark should be checked before beginning a business so that it does not risk your investment in time and the effort and money that is made
Before you do anything relating to commercialization of your Trademark or Brand Name you should know the basic Legal requirements for Trademarks Legal Requirements you should know before selecting a name for your Trademark or Service Mark for using it in Commerce in India
You must know that there are two types of marks recognized by the Trademark Law all over the world to refuse an application for Registration of a Trademark
1. Identical Trademarks
2. Deceptively similar or confusingly similar Trademarks. It is necessary to know at least three sections of the Indian Trademarks Act 1999 before venturing with a Brand in commerce in India.
Section 9 which deals with Absolute Grounds for Refusal of a Trademark for Registration - This section provides three situations which create a legal bar against the registration of a Trademark absolutely.
Section 11 which deals with Absolute Grounds for Refusal of a Trademark for Registration
Section 29 which deals with when a Registered Trademark is infringed
All these three sections require that your trademark should be a unique one and should not be similar to another trademark to create a confusion in the mind of the general public about the source of the goods or services represented by your Trademark. In other words your Trademark should stand up and shout that the products identified by the Trademark are manufactured or traded by you only and that public can assume the quality of the goods by your association with the brand. Over period of time the brand will stand on its own. This uniqueness of a Trademark is called the Distinctiveness Requirement of the Trademark in Trademark Law.
While performing trademark searches online, the businessmen in the same trade although coming from different places in India and speaking different languages try to acquire the same brand name. Some apply for online Registration of Trademarks without doing a proper trademark search and get in to Trademark Infringement proceedings and Trademark Oppositions. Hence a comprehensive Trademark Search is necessary. About 85 to 95 per cent of the mark that is registered is not available as it is a deceptively similar trademark. I have formulated 10 rules to avoid the problem of rejection of a trademark name which are available as a download-able pdf file to the members of the Facebook group TMPsearchers and by becoming a member you can download it free.
The brand and trademark should be checked before beginning a business so that it does not risk your investment in time and the effort and money that is made
Before you do anything relating to commercialization of your Trademark or Brand Name you should know the basic Legal requirements for Trademarks Legal Requirements you should know before selecting a name for your Trademark or Service Mark for using it in Commerce in India
You must know that there are two types of marks recognized by the Trademark Law all over the world to refuse an application for Registration of a Trademark
1. Identical Trademarks
2. Deceptively similar or confusingly similar Trademarks. It is necessary to know at least three sections of the Indian Trademarks Act 1999 before venturing with a Brand in commerce in India.
Section 9 which deals with Absolute Grounds for Refusal of a Trademark for Registration - This section provides three situations which create a legal bar against the registration of a Trademark absolutely.
Section 11 which deals with Absolute Grounds for Refusal of a Trademark for Registration
Section 29 which deals with when a Registered Trademark is infringed
All these three sections require that your trademark should be a unique one and should not be similar to another trademark to create a confusion in the mind of the general public about the source of the goods or services represented by your Trademark. In other words your Trademark should stand up and shout that the products identified by the Trademark are manufactured or traded by you only and that public can assume the quality of the goods by your association with the brand. Over period of time the brand will stand on its own. This uniqueness of a Trademark is called the Distinctiveness Requirement of the Trademark in Trademark Law.
While performing trademark searches online, the businessmen in the same trade although coming from different places in India and speaking different languages try to acquire the same brand name. Some apply for online Registration of Trademarks without doing a proper trademark search and get in to Trademark Infringement proceedings and Trademark Oppositions. Hence a comprehensive Trademark Search is necessary. About 85 to 95 per cent of the mark that is registered is not available as it is a deceptively similar trademark. I have formulated 10 rules to avoid the problem of rejection of a trademark name which are available as a download-able pdf file to the members of the Facebook group TMPsearchers and by becoming a member you can download it free.
About the Author:
Learn more about what is trade mark. Stop by Ramaswami Natarajan's site where you can find out all about protecting a brand name.
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