four trademark myths busted
TRANSCRIPT
You can use ™ only after filing your trademark application
The symbol ™ is used as a notice to the public (consumers and competitors) that you are using the mark as your trademark. There is no requirement under law that you should have filed your application before using the ™ symbol on your trademark. Your company name is available, so it can be your trademarkCompany registration and trademark registration are two different things. Mere registration of the company name does not give you the right to use it as your trademark. Even before you search your company name on the MCA registry it is advisable that you search the trademarks registry.
Registration of trademark is mandatory to
seek protection
Registering your trademark has several benefits, however it is not mandatory to have a registration to seek protection of your unregistered trademark from being copied or misused in India. India follows the common law system and you can seek protection under the law of passing off.
No conflicting marks in search report guarantees registration
The trademark office search will only reflect the trademarks that are applied/pending/registered with the trademark office. This does not mean that your trademark will be registered. You should also search the company name records with MCA and the internet to check if the mark is used by others.
Your trademark should also pass the test of distinctiveness. It cannot be descriptive. In other words your mark cannot describe the services or goods that you will be dealing with under the said mark.
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