January 24, 2022
Setting up a business is a thrilling experience. Still, it’s critical to have a thorough awareness of the dangers and blunders that entrepreneurs should avoid staying on track for success. It is crucial to learn from the errors made by previous startup entrepreneurs if you want to make it huge in the business sector.
We know you must be trying your level best to attract your audience and score their faith, and obviously, they’re going to recognize you by your brand name, slogan, or logo. On the other hand, many startups put off filing trademarks or overthink them, which can result in considerable losses. Consider how ambitious you want to be with your brand if you’re starting a company. When you’re ready to register your trademark – you should do so as soon as possible.
Let’s look at the 8 Company’s Trademark Registration Mistakes to Avoid When Starting a Business in India.
8 Common Trademark Mistakes
- Avoid the Basic Words: For instance, you should avoid using the term “Milk” in your dairy product’s name. Alternatively, call your excellent bonding product “Glue.” A generic term is non-distinctive, and trademark experts believe non-distinctive trademarks are unenforceable in court.
- Delayed Filling: From the company’s beginnings, we understand that life is hectic. But not so agitated that you can’t spare the few hours required to get the registration process started. While it will take from months to years to be registered, you may start using the TM sign right away. Despite this, many preeminent startups put it off because they believe it is unimportant. However, it would be best if you kept in mind that depending on the strength of the other company’s claim to the name, slogan, or logo you believed was yours, you may have to say goodbye to it.
- Using the TM Symbol Incorrectly: This sign is intended to let others know that you believe the term you’re using is your trademark. This will grant you common law rights in some nations. However, this does not imply that the mark is legally protected and that you may sue anyone who uses it infringingly. If that’s what you mean, you won’t be sued for it. The use of TM isn’t usually considered a fraudulent trademark assertion. In conclusion, you are free to use it in any way you see fit.
- The Sooner the Better: Although having established itself as a worldwide brand, Pinterest only filed a trademark registration in the United States in 2012, two years after it began operations. Premium Interest, a relatively unknown media startup, had trademarked the term in Europe and Australia by that time. Pinterest is attempting to remedy this by demonstrating its presence in these regions. Still, even if it succeeds, all of this effort would have been unnecessary if they had trademarked the name earlier.
- Don’t Ignore Trademark Ownership: Is the trademark registered in your name, your attorney’s name, or the name of your company? Get it clear and to the point from the start. If this isn’t obvious, problems will arise if and when the brand or trademark is sold in the future. Who is compensated for it?
A startup’s trademark should be imaginative, autonomous, and provocative, according to us (MarkShield), a legal services organization that can help you register your trademark. We make things simple and have always succeeded.
- Using Pre-Established Name: The fact that you’re trademarking a name indicates that you understand the significance of a brand. Even if it does not operate in India, using a well-known brand name isn’t the best strategy.
This may work in your favor in China (trademark squatting is a considerable business there since the government strictly follows the first-to-file method). Still, it won’t work in India because we follow the standard law system.
- Don’t Ignore Legalities: The trademark registration office may send you an office action letter throughout the registration process. You’re going to get into problems if you file it away and forget about it. An office action letter indicates that your trademark application has a problem or issue. You should react very away or have your attorney respond right away because if you don’t, your application will be abandoned.
- Watch Language: If the notion of utilizing a filthy term or phrase for your trademark has had you all worked up, empty your mind, take a deep breath, and relax. Although you may believe you live in a time where anything goes, there are still certain legal restrictions on the use of profanity, obscenity, and other “vulgar” terms and phrases, as determined by the court. After all, do you want your business to be marketed by lowlifes?
Relax! We got you covered. We at Mark Shield can make this hectic work easy for you. You can contact us with your requirements, and we will take care of the rest.
It is not a legal need for your company to have an officially registered trademark. However, if you don’t have a registered trademark, the legal position is that you don’t have solid legal protection for your name or brand. It’s possible that you don’t even own your name or brand.
If a company or individual wishes to prevent their logo from being misused by a third party, they should get a trademark. The owner of a trademark will have the sole right to use it for its products or services after being registered.
It is not mandatory to file a trademark application for your company name to enjoy trademark rights. On the other hand, A registered trademark may provide better protection for your brand while also aiding its development and economic expansion.
For trademark registration, the government charges Rs. 9000 each class application. Individuals, recognized Startup or MSME must pay Rs. 4500 per application per class to register a trademark with the government.
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