Dear Friends,
We are all passionate about baking & chocolate making... trying to build a name for ourselves in the market. Many of us have started off as novices in the field, having learnt a lot and moved on to baking commercially, opened up studio's and workspaces. But, something we have all done along the way is given a name to our venture - "A BRAND NAME". Have even sketched a logo, discussed the same with friends and family... once it's ready, it becomes one of our most prized possessions. This "Brand Name" too needs to be protected.
In today's world of cut throat competition, there are many who like to piggy back on the success of others, right from stealing the images, photoshopping them and using them as their own... the same is being done with brand names. Therefore it is absolutely important that one protects their brand name by getting a TRADEMARK registration. The advantage in simple terms is, once you have a TM registration, nobody can use your brand name in any manner, not even by changing the spelling, trying to make it look/sound different.
For eg: if TM is registered for "CAKES IN TOWN" then nobody can use this by changing the spelling to "KAKES IN TOWN". In this case the spelling may be different but it still sounds the same. So this becomes a BIGGGG... "No-No".
Trademarks in India are registered on the basis of categories called Class. I believe baking, chocolate making, ice-cream making, etc comes under CLASS 32 of the Intellectual Property Rights. The registration fee for each class of registration is Rs 11,000 (approx. including attorney fee in Hyderabad). The TM registration is valid for 10 years so its like Rs 1100 per year. If you are serious about your venture/brand name, then Rs 1100 per year isn't a large amount to protect it. You also get a registration certificate for it.
Here is the link to the website http://www.ipindia.nic.in/
You can even search on this website under class 32 to see if a similar brand name already exists or if its registered by someone or expired. Basically all details about the brand name. While the process to register a trademark takes about 2-3 years, one can start using "TM" beside their logo/name as soon as the application is signed.
Process: 1. Think of 2-3 alternate names for your venture. 2. Visit the website http://www.ipindia.nic.in/ and conduct a search for it under class 32. 3. The results may not always be correct since it takes time for the website to get updated with all names, but it does give you a fair idea. 4. Get in touch with a Intellectual Property Attorney in your city and discuss the same with them. 5. Fill out the application with your ID proof and fee, the attorney will take care of the rest. 6. Done you can start using TM, so long as a nobody opposes the name (a rare case) when it is published in the official gazette but this takes 1.5 to 2 years in which case the attorney will guide you as to what is to be done next.
Personal Case: I got a TM registration for my brand "Diletto" in January 2009 which went unopposed and registration was done. Now its being used by atleast two other people (that has come to my knowledge) - one in Mumbai and one in Bangalore. Have already started legal proceedings against them.
So, to sum it all up, its best to get a TM registration for your brand. This not only protects your hard work but also speaks about your level of professionalism.
One last thing - Don't use it for piggy backing on others venture/brand name. Be Original and Truthful to Yourself. You Owe it to your Brand.
Thanks for Reading...
Regards,
Opmerkingen