When is the best time to launch your company, brand, or service name as a trademark? As soon as humanly feasible is the response.
A powerful trademark aids in the development of a successful brand that stands out from the crowd. On the other hand, many small business owners don’t consider trademark protection until they’ve been in business for months, if not years.
This strategy has the potential to backfire spectacularly. While you may file for trademark protection at any time, even if you’ve invested a lot of time, hard work and money developing your brand, there’s no assurance your trademark will be granted for registration.
The best technique is to consider trademarks from the start—ideally, while you’re deciding on a business name and logo, as well as founding your company.
Over the years that we’ve run our firm, the most common error we’ve seen customers make is falling in love with a name and not being able to alter it. Because if we conduct a trademark search for the client and warn that the name may infringe on another trademark, the client is likely to disregard our advice and submit the trademark application nonetheless. After the Client launches its product, they will almost certainly receive a cease and desist notice and will have to alter their name anyhow.
Facebook’s Meta
Facebook’s Meta, it’s possible that Facebook’s move to Meta won’t be as straightforward as announcing it. While Facebook CEO Mark Zuckerberg has publicly said that the firm’s conglomeration of Facebook-owned companies will be known as Meta, it has yet to register its new name. On 29/10/2021, the very same day of said announcement, one party in India has applied the identical device of the word META along with word applications in class 42. The Applications were filed prior to Facebook’s any applications. This will create hassle for the Facebook in registration of its brand, if they decide to file so. Similarly, a computer corporation headquartered in the United States appears to have registered for the Meta trademark months before Facebook in USA. The two founders are now willing to sell their trademark application for $20 million.
What’s the Best Time to Launch? The Sooner the Better
The optimal time to trademark a product name is when you plan to sell the goods or services first. If you’ve already started selling products under the brand, you should file a use-based trademark application right away.
Waiting runs the danger of a third party filing for a comparable mark for similar products or services before you.
Who has trademark priority determines who gets trademark rights. In most cases, the person who first uses their brand in commerce is a trademark priority. There are also plenty of advantages to filing early. But what if you’re not ready for the market yet? Don’t worry, and we know what you can do.
Suppose you have not yet used your trademark or service mark in commerce but have a good faith intention to register your mark in the future. In that case, you can file an application for registration using the Propose-to-use (PTU) filing basis. The key benefit of filing an intent-to-use application is that your filing date will be used as the first use date, even if your product/service isn’t currently available.
How to Launch Trademark in India?
Even if done unintentionally, trademark infringement can result in substantial legal consequences. As a result, it is critical to do an internet search to ensure that your company’s trademark name and logo are not used elsewhere.
The Indian Controller General of Patent Designs and Trademarks (CGPDTM) is in charge of trademark registrations in India. To access an online trademark search database, go to their website. You may perform the search independently or hire an expert to assist you. If your name is unique and not similar with any other trademarks, you can proceed with filing a trademark application. To know more about Trademark Application procedure,
Finally, you Have it.
Your company’s brand is its lifeblood. Apply for trademark protection (user based or propose-to-use application) as soon as possible to ensure that yours is protected.
This guarantees that you are not placing yourself in jeopardy by utilizing someone else’s name and being the most efficient strategy to safeguard your brand and reputation.
Naseem Sheikh is a trademark enthusiastic and has been practicing in intellectual property law.
