Finding the Appropriate Trademark for Your Brand
Harshdeep Singh Narula
Harshdeep Singh Narula, a practicing Company Secretary (CS) and Fellow member (FCS) of ICSI, brings over 6 years of expertise to the field. Specializing in Intellectual Property, Corporate Laws and Startup advisory, and is said to be a trusted advisor for businesses, ensuring compliance and success through his commitment to excellence and ethical practices.
He has also obtained degree in Bachelor of Law (LL.B) & Bachelor of Commerce (B.CoM).
Choosing the right trademark is a crucial step in building a strong and legally protected brand identity. A trademark is not merely a logo or name—it represents your business in the minds of consumers and safeguards your unique presence in the market.
What is a Trademark?
A trademark is any word, logo, symbol, design, sound, or combination that distinguishes your brand’s goods or services from others in the market.
Examples:
Brand Name: Nike
Logo: Nike Swoosh
Slogan: Just Do It
Why Choosing the Right Trademark Matters
Builds brand recognition
Establishes trust and credibility
Offers legal protection against misuse or copying
Becomes a valuable business asset
Steps for Finding an Appropriate Trademark
1. Define Your Brand Identity
Before selecting a trademark, define:
a. What your brand stands for
b. Your target audience
c. The message you want to convey
Tip: Your trademark should align with your brand’s tone, industry, and values.
2. Choose a Distinctive and Unique Name/Logo
Your trademark should be:
a. Distinctive and creative
b. Easy to remember and pronounce
c. Neither generic nor descriptive
Ideas for distinctiveness:
a. Use invented words (e.g., Kodak)
b. Apply unique spellings
c. Combine words creatively
3. Check Online Availability
Consistency is key in branding, especially online. Ensure:
a. Domain name availability (e.g., .com, .in)
b. Social media handles are free (Instagram, Facebook, etc.)
4. Ensure Legal Strength of the Trademark
Before registering, make sure your trademark:
a. Is not similar to existing registered marks
b. Does not directly describe the goods/services
c. Avoids prohibited or offensive elements
d. Is not misleading, religious, or deceptive
Conducting a Basic Trademark Search
A preliminary trademark search can help identify potential legal conflicts. Here’s how:
1. Identify the Appropriate Trademark Database
Choose the relevant trademark registry for your country. In India, it’s:
a. Controller General of Patents, Designs and Trademarks (CGPDTM)
Website: https://ipindia.gov.in
2. Access the Database
Use the official website or office to access the public trademark search tool.
3. Enter Your Search Criteria
a. Search using exact matches or similar-sounding words
b. Search by wordmark, class, or owner name
4. Review the Search Results
Look for:
a. Identical or confusingly similar trademarks
b. Goods/services categories
5. Assess Potential Risks
a. Evaluate how close your trademark is to others
b. Consider the likelihood of confusion in the market
6. Refine Your Search (If Needed)
a. Try using different keywords or spellings
b. Filter by specific goods or services
c. Recheck across different trademark classes
Trademark Classes: How to Choose the Right One
Trademarks are registered under specific classes (as per the Nice Classification system), based on the goods or services offered. For example:
Class 25: Clothing and apparel
Class 35: Business management and advertising services
Class 9: Software, electronics
Class 41: Education and entertainment
Tip: Select all trademark classes relevant to your business operations.
File for Trademark Registration
Once your desired name or logo is confirmed to be available:
Filing Options:
File the application independently using the official IP India website
Hire a registered trademark agent or IP lawyer
Website: https://ipindiaonline.gov.in
Conclusion
Selecting and securing the right trademark ensures long-term brand strength and legal protection. Take your time to define your brand, conduct detailed searches, and register in the correct class. A strong trademark is not just a legal formality – it’s a business asset that supports your growth and reputation in the marketplace.
For any clarifications or queries, please feel free to reach out to us at
admin@fintracadvisors.com
Disclaimer
The content published on this blog is for informational purposes only. The opinions expressed here are solely those of the respective authors and do not necessarily reflect the views of Fintrac Advisors. No warranties are made regarding this information’s completeness, reliability, or accuracy. Any actions taken based on the information presented in this blog are solely at the reader’s risk, and we will not be liable for any losses or damages resulting from its use. It is recommended that professional expertise be sought for such matters. External links on this blog may direct users to third-party sites beyond our control. We do not take responsibility for their nature, content, or availability.
