How to get a trademark for your logo or name

Want to get a trademark for your logo or name?

 

 

 

 

 

 

Step 1: Choosing a ‘Class’:

Every business which wishes to apply for a trademark has to decide the categories under which it wants protection. In all, there are 45 categories/classes in the Trademark Act. While Categories 1-34 deal with goods, Classes 35-45 deal with services.

 

Let’s say for example that you want to register your brand of soap, called “Safed”. A Soap being a product, you have to see which class it falls under in Classes 1-34. Soap falls under Class 3. If you want to register your logo in addition to your name, you have to separately register both (but under the same class).

 

Please note here that even after you register “Safed” for your brand of soap, another company can use “Safed” for Paint, Automobiles or even legal services (essentially, for any Class other than Soap).

 

To be on the safer side therefore, register “Safed” in all the areas where you currently operate or wish to diversify into in the future. The more areas you are registered in, the more protection you will get.

 

Finally, although Pepsi does not make soap, Pepsi is very well known. Using a name like Pepsi is not allowed even for other industries because it is a ‘well-known’ mark. Check if the trademark you are seeking to protect may be disqualified by virtue of being well-known.

 

Step 2: Checking if the trademark you want is available and making an application:

 

After you have a fair idea of which class you want to register your trademark under, you have to check if there are similar trademarks already registered under that particular class.

 

Here is a tip: Check to see if someone has registered a domain name for “Safed” soaps or “Safed” shampoos, etc. It’s a quick and free way to tell if someone else is applying for the same / similar trademark. If not, make sure you block the domain name immediately!

 

An important decision you have to take here is deciding in whose name the application should be: In your name OR the name of your company. If it is in your name, you can use it even if you shut down one enterprise and start another. Many small business owners tend to use this method while getting trademark protection.

 

If you register the trademark in the name of the company, it will be owned by the Company, which means its shareholders. These shareholders can change from time to time.

 

In fact, it is not difficult to register the trademark in your own name and enter into a trademark license agreement with the company. You can always revoke the agreement if you want to close / quit the company.

 

Possible reasons for your application being rejected

Trademark is merely 'descriptive': If your trademark is merely describing what you sell, you will not be able to get a trademark for it. For instance, starting a car company called “Car” and getting a trademark for it will be difficult. Starting an auto magazine called “Car” may however be possible because you are not selling cars. (In fact, that trademark has already been taken by an auto magazine).

 

Trademark is 'non-distinctive': Your trademark has to be distinctive for it to be registered. It should therefore not be similar to the trademark of an existing company.

 

Trademark is similar to a well-known trademark: As an extension of the previous point, if you use a trademark which is similar to a big name or 'well-known' trademark, it will be rejected by the trademark office. As we saw earlier, using Pepsi for your brand of soap is not allowed, although Pepsi does not and may never make soap.

 

After this process has been completed, it takes 16 – 24 months for you to get your Trademark granted to you by the Trademark office. If your mark is objected to by someone, it could take much longer. As a business person, this may seem like a very long time, but this is unfortunately how long it takes for this process to be finished.

 

As soon as you have applied for the trademark, you can use the ™ symbol next to your name. Only after the registration is complete can you use the ® symbol next to your name.

 

If you are an entrepreneur, remember this: Having a trademark can save precious time and money in case a dispute arises. If you do not have a registered trademark or have not applied for one and a dispute arises, you will have to go through the much more difficult process of showing that the person copying your name / logo is trying to pass off his product / service as yours.

 

Additionally, investors carry out a thorough check of the intellectual property protection a firm enjoys before they invest in a concern. Not having even protected your trademark could affect your exit / acquisition.