Many of us would have seen Alan Polly instead of Alan Solly or beta instead of Bata. Those are classic examples of trademarks having been violated. The trademark is essentially a characteristic of your brand it could be your brand name your brand’s logo or even your brand slogan for example the name Nike the swoosh for Nike or the slogan just do it. In some cases the brand’s name and logo is combined into one as in the case of BMW or in coca-cola that is called a logo composite mark. And rights to sell a particular brand name in a certain sector of the economy are therefore secured these individual sectors are called a class.
For instance class 28 refers to toys games and sports so if you want to protect your toy brand you need to make an application under class 28 and get exclusive commercial rights to sell your brand of toys under that class. If you have a certain brand name or logo or slogan in mind you can do a trademark search. A simple way to do this yourself is to just go online to the internet and check if there is a similar company with a similar name to yours. On the Internet you can also check if the domain name of your brand is available or not. If the domain name is available typically your trademark is also available.
It is not a cause for despair if your trademark brand name is taken. For instance you can prepare a logo composite mark by combining your logo and your name and apply as one. This common strategy is used to apply for a trademark even if the trade name itself has been taken. Trademark registration process is a three-step process. First you have to give a signed letter allowing your Trademark Attorney to apply for your trademark. This is called an authorization letter. Once authorization letter has been received your documents are prepared and lastly the application is submitted on ipindia.gov.in along with necessary government fees. After the application is submitted it takes 18 to 24 months to confirm the registration and receive confirmed registration certificate for your trademark.
But the good news is you can use your Trademark right away and the moment application is submitted your brand rights are secured. Government of India under ease of business policy and mindset has made registering a trademark completely digital and there is no need to visit Intellectual Property office.