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John Miller (Business Strategist)     19 May 2021

Did you register trademark before the start of business?

Did you register your trademark before the start of business operations or after your brand became popular?



Learning

 10 Replies

Basant Khyati   19 May 2021

Hello. 

Greeting of the Day!

 

The best business strategy is to consider trademarks from the start—ideally, when deciding on a business name and logo, as well as creating a legal entity.

A good trademark aids in the creation of a successful brand that stands out from the crowd. Many small business owners, on the other hand, don't consider trademark rights unless they've been in business for months, if not years.

Although you can apply for federal trademark protection at any time, even if you've spent a lot of time and money developing your name, there's no guarantee your trademark will be accepted for registration.

In general, it is possible to do so because trademarks are included in most countries as  "statutory rules," ensuring that every licensed person has the right to use the logo. Anyone claiming to be the owner of a trademark or intending to use one may apply for registration in writing to the Registrar under the Trademarks Act. This must be done in the specified manner (described below) in order for his trademark to be registered. A person, a corporation, a group of people, a partnership firm, a public utility, a government entity, and so on may all apply for registration.

Regards, 

Khyati

Adv. Sagar Verma (Lawyer)     19 May 2021

It is highly recommended to register trademark as soon as possible in the course of business. There are various situations in which you cannot get the desired Trade Mark i.e. Your Company Name and Logo registered as Trade Mark in later stage due to increasing importance and value of Intellectual Property in this competitive environment.

To get more clarity and solution to all your legal queries related to Trade Mark Registration you can contact me via email address given below and can get online consultation.

Regards,
Adv. Sagar Verma
Bombay High Court
advsagarverma.official@gmail.com

Sanjay Narayandas (Advocate)     19 May 2021

Hey, 

It is advisable to get the trademark registered at the initial stage only for accruing maximum benefit extending upto business expansions & to also avoid unnecessary future frivolous litigation

Arpita Chauhan   19 May 2021

Respected Sir,

Sir, trademark is a mark, or indicator used by a business, or organization to identify a product or service as its own and to distinguish the product or service from those of its competitors. A business name generally can be protected as a trademark under federal and state trademark law.

First of all, answering your question, it depends on your choice when you want to register for trademark, whether you want to register before you start your business or after your business becomes popular.

However, it is suggested that you get a trade mark registration as soon as you start your business as it is more beneficial for many reasons like;

1. Firstly because trade marks create brand recognition and bring a good image to the name from the very beginning.

2. Another very important reason is that it avoids the legal issues which may arise in the future because if you don't register your trademark it is possible that some other company might use it and later when you go for registration it won't be accepted and this will create issues for you.

I hope I was able to help.

For more clarification on the topic, I would suggest you consult a lawyer.

Regards

Arpita Chauhan

Law Student

 

Sankaranarayanan (Advocate)     20 May 2021

What is your issues?

sneha jaiswal   20 May 2021

Hello, Greetings of the day!
A trademark is a sign which is capable of recognizing the goods or services of one undertaking from those of other different ventures. Trademarks are secured under intellectual property rights. It absolutely depends upon your choice, when you are interested to register a trademark later or get it done earlier.
For the query you posted, I would suggest that:
You can get a trademark enrolment when you start your business as it is more valuable for some, reasons like;
•    Initially in light of the fact that trademarks make brand acknowledgment and carry a decent picture to the name from the earliest starting point. 
•    Another vital explanation is that it keeps away from the legitimate issues which may emerge later in the upcoming times, if you don't enrol your trademark, it is conceivable that some other organization may utilize it, and later when you go for enrolment it will not be acknowledged and this will create issues for you.
Hope it helps
Regards,
Sneha Jaiswal
 

T. Kalaiselvan, Advocate (Advocate)     20 May 2021

In simple words, trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore is protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999

To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognise the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.

Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.

Dr J C Vashista (Lawyer)     21 May 2021

Time Pass !!!!

LegalWizin (Online Legal Service)     22 May 2021

A trademark distinguishes the goods and services of one business from those of another. Words, logos, pictures, or a combination of these by using colours which makes the brand name distinct and different from others

One can apply for Trademark Registration before inaugurating the business to protect his brand name before the launch so that no one can use the idea and copy the design. Trademark is considered as an intellectual Property of the business and gives a businessman various advantage.

There is no rule given under any law on when to file your Trademark Registration Application. However, it is always advisable to take preventive measures before taking any risk.

Krushalkumar Sheladiya (Advocate)     25 May 2021

Yes, You can register a trademark before the business start. 


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