A trademark is a word, name, logo, shape or combination that tells customers whose goods or services they are buying. In India the register is kept by the government's trade marks office, and anyone can search it. If your new name or logo is too close to one that is already registered or widely used for similar things, you may be asked to stop. That is a bad moment to discover after the signboard is up. This guide covers the checks to run first. It is general information, so for anything that matters, speak to a qualified trademark attorney.
What a trademark does and does not do
A registered trademark gives you a legal right to use the mark for the goods or services it covers, and a clear basis to stop others using something confusingly similar. Using a name without registering it can still create some rights through use and reputation, but those are harder to prove. Registering is not a requirement to start trading. It is protection, and it is usually easier to get before you have a following than after.
A trademark protects a mark, not an idea. It does not stop someone else running the same kind of business, only from using a name or logo that confuses people. It also covers specific classes of goods and services, so the same word can be held by different owners in unrelated fields.
Checks to run before you pay for a logo
- Search the official register. The trade marks office has a public search on its website. Search the exact name and the variations: spellings, plurals, words that sound the same and the same word in Hindi or English.
- Search by meaning as well as spelling. A name that means the same as an existing brand in your field can still cause trouble.
- Search the web and Maps. Many businesses are known without being registered. Look at search results, social handles, Google Maps and the marketplaces where you will sell.
- Check the domain and the handles. If the website address and the social handle are taken, you will be fighting for attention even if the name is legally free.
- Say it aloud. Names get passed on by speech, and a name people mishear or misspell is harder to find.
- Keep a dated record of what you searched and what you found. It shows you acted carefully.
Names that are hard to protect
Names that only describe what you sell, such as a common word for the product, are generally hard to register and easy for others to use. So are names that look like place names or common surnames without something added. Invented words and unusual combinations are usually easier to protect, and are also easier to find on search engines. The trade-off is that a descriptive name explains itself at once, while an invented one needs your brand work to give it meaning. Our guide to how to name a business in India covers that choice.
The symbols
- TM: a way to show that you are using something as your mark. Anyone can use it. It does not mean the mark is registered.
- R in a circle: for a mark that is actually registered. Using it before registration is wrong and can cause problems, so wait until you have the registration.
Before the logo is drawn
Tell the designer that the name is cleared only as far as your own search goes, and that you will take legal advice before registering. Ask for a logo that is original, and ask the designer to confirm that the work is theirs and not taken from a stock or template library. The ownership of the final files and the right to register the mark should be in writing. The logo in context tool shows a draft on a signboard and a phone before you commit. Our note on logo files every business should own lists what to ask for at handover, and what logo design costs in India explains where the money goes.
The glossary entries for trademark and wordmark explain the terms. If you are still choosing between names, send a short brief and we will help you shortlist, test and say what to check. We are designers, not lawyers, so we will tell you when to see an attorney.
