When registering a trademark, a start-up company should take a number of factors into account. Here are four trademark mistakes to avoid. When it comes to trademarks, there are a few common mistakes that a new business owner would make. Make sure you avoid the mistakes listed below if you want to take advantage of the advantages of trademark registration in Bihar.
Every company in the world is vying for the attention of its customers, who will recognize you based on your slogan, logo, or brand name. Therefore, it makes sense for each company to control its own brand. It’s not just logical; it’s necessary, given how valuable successful brands become.
However, numerous start-ups either significantly underthink or delay trademark filing, which could result in significant losses. Consider your brand’s goals with seriousness if you’re building a business. When you are ready to register your trademark, which you should do as soon as possible because your brand’s potential size will play a big role. The start-ups whose trademark missteps have impacted their brand are highlighted in the following four errors.
Four Common Errors in Filing for a Trademark to Avoid
But not so busy that you won’t be able to complete the registration process in a few hours. You can begin using the TM symbol within three days, despite the fact that it won’t be registered for another two years because bureaucracy works slowly. However, many small and large start-ups postpone this because they believe it is unimportant. But keep in mind that if another company trademarks the name, slogan, or logo you thought was theirs, you might have to say goodbye to it, depending on how strongly it claims the name.
For instance, if you own a car rental company in Bengaluru with plans to expand nationwide and another company in India that sells t-shirts trademarks your name before you do, your brand name could be firmly anchored in Bengaluru. You might be curious as to how likely it is that a different business will come up with the same name. Although it is probably uncommon, why take a chance when obtaining a trademark only costs 6,000 yen? Find out if you should register your logo or brand name by clicking here.
Local Mindset Despite clearly becoming a global brand, Pinterest only applied for a trademark in the United States in 2012, two years after it began operations. By that time, Premium Interest, a relatively unknown media start-up, had trademarked the name throughout Australia and Europe. Pinterest is attempting to change this by demonstrating their presence in these locations, but even if it succeeds, they wouldn’t have needed to put in as much effort if they had simply trademarked the name earlier.
They clearly had plans to do so much before they raised $225 million in early 2013 to expand globally. Given that they are unable to use the brand name in Europe or Australia, how will this affect their valuation if they are unable to acquire it? Therefore, the conclusion is that businesses ought to safeguard what they are creating, particularly if it is valuable, before another company can obstruct it.
Using an Established Name Simply because you are trademarking a name indicates that you are aware of the value of a brand. Even though the brand does not operate in India, using an established name is not the best option.
This may work in your favor in China, where trademark squatting is a big business because the country strictly adheres to the first-to-file system; however, in India, where we follow the common law system, it will not. Take, for instance, the dispute that arose between the Chennai-based restaurant Zara Tapas Bar and the international clothing brand Zara.
The latter made the application for a trademark in 2005, and Zara decided to oppose it. Zara has continued to oppose the application even after the restaurant said it would use only the composite mark (the logo with the text instead of the word) and not just the restaurant business.
The international brand won because it was able to demonstrate through contracts with exporters that it has been present in India since the middle of the 1980s. In most cases, the courts will grant a brand the right to use a trademark if it can demonstrate that it was the first business in a given area to use a particular word, logo, or slogan in commerce. Therefore, when selecting a trademark, you must ensure that you do not stray too far from a well-known brand that has the potential to enter the Indian market.
Being narrow-minded It’s not a good idea to try to save money while aspiring to build a large business. If you want to build the business of your dreams, you’ll have to spend money until you get the returns you always knew you could get. As a result, business owners ought to be eager to register their brand name for each and every industry (known as a class; there are 45 of them) that they intend to enter.
This is treated as a separate application by the government, so you must pay 4,000 yen for each one. On the other hand, a single legal battle over a trademark would cost you multiple times as much as a trademark application.
So, suppose you run an e-commerce business and think you will soon have your own clothing brand that you will sell on your website. You will also need to register your trademark under classes 24 and 25 (relating to clothing and textiles) if you intend to use the same brand name, which is likely.
The aforementioned trademark blunders must be avoided by new business owners and entrepreneurs. Choosing the right brand name for your business would be easier with the advice provided above. Your new business can benefit from the aforementioned factors and gain new potential clients.
