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Trademark & IP

How Trademark Helps Startups to Grow | Trademark in India

Trademarking protect a brand's identity by providing legal rights, enhancing brand recognition, establishing trust, creating a competitive advantage, enabling expansion, and increasing investor confidence. By securing the brand's unique elements, trademarks contribute to brand growth...

Developing a strong brand identity is essential for creating brand recognition, building customer loyalty, and establishing a consistent and memorable brand experience. Protecting your hardwork and efforts for builidng brand identity is one the most important part of business management. Trademark is a channel or tunnel through which you cn get a way to protect your intellectual proprty assests.

What includes Brand Identity?

Logo

A logo is a visual symbol that serves as the primary identification of a brand. It is typically a unique and recognizable mark or emblem that embodies the essence of the brand.

Typography:

The choice of fonts and typography plays a crucial role in brand identity. Different fonts can convey various emotions and associations, and consistent typography helps maintain visual coherence across different brand materials.

Color palette:

Colors evoke emotions and have psychological associations. Brands select a specific color palette to reflect their personality and create a visual identity that resonates with their target audience.

Imagery and graphics:

The use of specific images, graphics, and visual elements can contribute to a brand's identity. These may include photography styles, illustrations, patterns, or icons that align with the brand's values and messaging.

Tone of voice:

The tone of voice represents the way a brand communicates with its audience. It encompasses the language style, vocabulary, and overall attitude conveyed through written and verbal communication.

Brand Morals:

This refers to the core messages, value propositions, and positioning statements that define the brand's unique selling points and differentiate it from competitors.

Things to Keep in Mind:
  • Trademark is only valid for 10 years after registration.
  • Trademark renewal must be filed before 6 moths of date of expiry.
  • Trademark renewal helps your brand to increase protection, market value, and your business assets.
During the process of examination of trademark application by the examiner, several checklists are proceeded.
Examiner check if your application is accordingly filed or not. after that only, they will proceed it for further checking.
 
Existing Trademark
    If any existing registered trademark of same class is present any is similar or same to your trademark name, your application might get a objection.
 
Class Check
    Suppose you want to Register a Tradename which is not registered in your aimed class, but it is already registered in any other class. In this case your         trademark application will objected if the registered mark is of a big company. Ex: Sony, Samsung....
 
Common / General / Descriptive Terms
    If you use a common / general word in your tradename you will get objection from the department, examples of general terms are: pink, blue, beautiful...     etc. 
    Descriptive terms are general terms that are used to define or add a description to a item or product, If you use descriptive terms in your tradename you     will get objection from the department, example of descriptive terms: healthy, discounted, cheap... etc.
 
What if you got a trademark objection?
With the examination report you got a very described reason why your trademark is objected,  professionals at LegalRaho.com try to make your opinion more legally feasible to register the mark. So, objection is the mean to make a move to clarify your side of the story.
 
Dialogues / Punch Lines (if already existing and registered)
    if you try to register a dialogue or punch line your application may get objected as it is possible if someone already registered a dialogue or punch line.
 
How to decrease the rejection state?
    The only answer to this question is, create a unique name or consult a professional. We at LegalRaho.com try to combine unique names and different search practices to decrease the rejection rate of the trademark. With searching in every class we further add more surety to the registration.
 
What are the laws that govern Trademark Objection?
Trade Marks Act, Section 9 and 12 gives a very descriptive law to govern the trademark objection, whether or not the examiner should state the application as objected. 

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