Trademark is the distinctive identity of the business- its name, logo, slogan, word, etc. But, being the younglings of the business world, start-ups often end up making disastrous mistakes while getting their trademarks registered that ultimately costs them the very individuality of their business.Shivi Gupta
Intellectual Property is the champion of a start-up! It flourishes and gets recognition in a competitive market on the basis of its unique and outstanding intellectual property whether it is its Patents, Copyright or Trademarks.
Trademark is the distinctive identity of the business- its name, logo, slogan, word, etc. The elementary object of a trademark is to protect the business’s brand name and identity from any form of infringement by copycats and imitators.
But, being the younglings of the business world, start-ups often end up making disastrous mistakes while getting their trademarks registered that ultimately costs them the very individuality of their business.
There are 4 critical mistakes that start-ups commit in applying for registration of their trademark:
1. Delaying in registration:
Many start-ups delay in registering their trademark. They ignore to register their trademark at the very initiation of the business which causes a domino effect with regards to its eventual rejection! The unregistered trademarks do not get any protection against any form of infringement and the blood and sweat behind the start-up’s established name becomes someone else’s.
2. Not conducting any trademark research:
Conducting a methodical trademark research is a crucial step before registering the start-up’s trademark. Businesses overlook conducting any research while choosing their trademark. This mistake usually cost them their desired trademark and may even result in unintentional infringement of an already existing trademark. A thoroughly conducted trademark research resolves any issues of accidental infringement.
3. Using nouns or commonly used words:
A trademark represents the business’s identity. A trademark should be distinctive and unique so that it is able to attract potential customer’s attention. Start-up makes a slip by using nouns and generic names as their brand name. Using run-of-the-mill names, template logos, and conventional trademark more often than not leads to its non-acceptance!
4. Choosing the incorrect class of goods and services:
To register a trademark, it is not only paramount but also mandatory to choose the correct class of goods and services to register it. There are 45 classes of different goods and services under which a product or service is classified and registered by the Trademark Registration Office in India. Start-ups that disregard conducting a thorough legal research before registering their trademark and ultimately their trademark is rejected for a mere fact of being applied under the wrong class of goods and services.
Trademarks are the identity of a start-up and therefore, it becomes abundantly indispensable for it to promptly register its trademarks and have meticulous legal assistance from an IPR lawyer to register its trademark and elevate its chances of getting approved, unchallenged.
Image 1 : https://upload.wikimedia.org/wikipedia/commons/thumb/7/7a/Trademarked.svg/1024px-Trademarked.svg.png