Legally there is nothing that says you have to do a trademark registration. Without it you stand the chance of another company taking your trademark and registering it. Since people associate products or services to a name, they will go where the name goes. You could lose most of your business to your competitor if they take your name and register it themselves. That means starting all over. When should you apply for trademark registration? The best time is at the start of your business.
A trademark is a business name or logo that you create for your business. It differentiates you from your competitors. It helps your customers tell the difference from you and your competitors. When you register your trademark you make the name and logo your property. No one else can use it without your permission. If they do you have the right to bring a lawsuit against them for trademark infringement.
You can apply for trademark registration online. There are sites on the internet that have the paperwork you must fill out. You can pay using most credit or debit cards. You will have to tell about your business. What type of business is it? If you sell goods, what type do you sell? Your business will be classified according to what goods or services you represent. There are actually 45 different classifications.
Two businesses that have nothing in common can actually have the same name or trademark and both can have it registered. This will happen as long as the businesses are not near each other. Their classification must be completely different. If two businesses are classified the same, the names cannot be the same.
In order to have your trademark accepted and registered, it must be distinctive. It cannot be offensive in any way. That means no pornography or offensive language. The name cannot have anything in common with anything illegal. It can?t represent illegal drugs for example. The trademark can?t be deceptive. You cannot say something in the trademark that is untrue. They cannot be three dimensional. There are other rules that govern legal trademarks.
You will have to fill out papers that tell about your business location and what your business is. It the trademark is not already taken and it fits the rules, the Intellectual Property Office will publish the trademark in a journal. This journal is published weekly. If no one opposes the trademark it will become registered within two months. If someone opposes it you will have to do some more work to prove your trademark belongs to you and does not infringe on anyone else?s business.
The best time to apply for trademark registration is as soon as you create a name or logo for your business. If you register the trademark right away you don?t have to worry about anyone else taking your name away. Your customers will be able to do business with you without worrying about someone else taking the name. It could get confusing to the customers if another company tries to take your trademark away.
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Source: http://rawbusinesslaw.com/2012/09/03/trademark-registration-when-should-you-apply-law-trademarks/
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