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Is the trademark of a brand name important and can anything get trademarked?

Agam Gupta
15th May 2015
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Last week one of my clients said that he wanted to create a business with a brand name, which was unique and had not been used by anyone. And, for creating the business brand he wanted to establish his own legal entity. He assumed that this would be sufficient to protect the rights of his ownership over the name which he will create for his business.

trademarks

Image Credit "ShutterStock"

Most people in the entrepreneurial environment think that creating a brand name is easy and its protection does not involve much legal formality. However, the reality is quite different. What entrepreneurs need to understand in the beginning itself is that establishing a recognisable and strong brand name is reciprocal to business success.

 

trademarks

What Items can be trademarked?

Generally, trademark registration covers identifiers that describe goods or services like the ones below:

- Brand Names

 

trademarks

Source: http://quickcompany.in/company

Essentials of a good trademark name

In order to be eligible for trademark protection, the mark must serve to identify a particular good or service. Although there are common items that are registered with the IP India Office (the trademark registry of India), it is also possible to obtain trademark protection for a variety of unconventional identifiers. For example, colors, shapes, sounds, and smells can also be registered as trademarks.

However, while registering, the following pointers should be kept in mind:

  • Make sure that your trademark is not confusingly similar with a prior trademark. This information will be available online at Trademark Search.
  • Registering your brand name in the early stage of your business is a good idea.
  • If the trademark has been used prior to registering then it will add weight to the trademark application.
  • Before choosing the brand name make sure that the branding, design, and related aspects will remain in sync with the future growth and expansion of the business.

Process of trademark registration

Conclusion

Having a brand name is an addition to your business growth plan. But having a brand name registered that is consistent with the business strategy will help your business scale heights. So, in addition to registering the brand, just think twice whether the selected name can continue to be a part of your business success and growth.

(Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of YourStory.)

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Authors
Agam Gupta
Agam Gupta is a practising Chartered Accountant and a co-founder of Hubco.in, a leading portal to get your accounting outsourced and tax registrations. You can contact me at agamgupta72@gmail.com.

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