When is the Best Time to Trademark Your Company Name?

Protecting your company’s name and brand is essential for long-term success. Trademark registration plays a vital role in safeguarding your intellectual property rights. However, many new business owners often wonder about the ideal timing to file a trademark application. In this blog, we will explore when it’s best to trademark your company name and provide guidance for entrepreneurs.

Understanding Trademarks:

Before diving into the timing, let’s clarify what a trademark is. A trademark is a unique identifier that distinguishes your company’s products or services from others’ in the marketplace. It can be a name, logo, slogan, or even a specific design. Registering a trademark grants you exclusive rights and legal protection for its use. You might be familiar with these symbols: ™, ®, and SM. These symbols indicate the representation of Trademark, Registered Trademark, and Service Mark, respectively.

Trademarking your company name before launching can help in building a strong brand reputation from the start. Once your product or service hits the market, having a registered trademark instills trust and credibility among customers. It signifies that you are serious about your business and have taken steps to protect your brand identity.

By trademarking your company name early, you significantly reduce the risk of legal disputes and infringement issues. Registering your trademark provides legal evidence of your ownership and gives you the power to take legal action against anyone using a similar or confusingly similar name.

The right time to file a Trademark:

It is advisable to initiate the trademark process at the earliest possible stage, which is once you have finalized your company name and commenced its usage in commercial activities.

If the name you have chosen for your brand already exists, you cannot register for a trademark in any trademark registration office. So, make sure to select a unique and new name for your brand or logo such that it does not already exist.

Prior to initiating the trademark filing process, it is crucial to undertake a comprehensive trademark search. This entails conducting thorough checks across various databases, including

• USPTO – United States Patent and Trademark Office
• TESS – Trademark Electronic Search System
• WIPO – Trademark database
• IP India public search – Trademark

The objective is to ensure that the name you propose for your business is not already in use by another entity operating in a similar industry or field.

To facilitate this essential step, it is recommended to seek the services of DexPatent, a trusted IP service provider with over 15 years of experience. DexPatent specializes in conducting thorough trademark searches and can assist you in navigating the complexities of the search process, offering expertise and guidance to ensure your proposed name is unique and legally viable.

Remember, investing in a reliable trademark search service like DexPatent can provide you with the peace of mind and confidence necessary to proceed with your trademark registration, safeguarding your brand and minimizing the risk of potential conflicts in the future.

Similar Trademark:

Instances of mistaken use of similar trademarks can occur, even among existing trademark brands. Some notable examples include the cases of Apple Corps versus Apple Computer and Dove chocolate versus Dove soap.

In these situations, it’s important to consider the classification of the products. Dove chocolate is owned by Mars, while Dove soap is owned by Unilever. Both products fall under different classes in the trademark classification system. As a result, the usage of similar trademarks is permitted because they are categorized into distinct classes.

This highlights the significance of classifying products appropriately when it comes to trademark registration. Proper classification ensures that similar trademarks can coexist as long as they are used for different classes of products or services.

Is it permissible to have a similar trademark within the same or inherited class? No, it is not allowed. The Trademark Registration Office itself rejects such registrations. Let’s take a look at a case involving a similar trademark and a product classified in a similar category, and how the case was resolved.

Trademark Case – Oreo vs Fabio:

This is an IP battle between two biscuit companies. Oreo Biscuits has brought up a trademark infringement case against Parle Products – Fabio biscuits. Parle’s Fabio biscuit is ‘deceptively’ like that of Oreo. Oreo was launched in India by Mondelez in 2011. And Parle Products launched Fabio biscuits in January 2020. The colour scheme of the logo of both biscuits is also similar (white and blue). The case is still in hearing stage in Delhi high court.

The best time to trademark your company name is sooner than later. By securing your trademark early on, you protect your brand, avoid potential legal disputes, and build a solid foundation for your business. Remember, trademark registration is an investment in the long-term success and reputation of your company. So, don’t delay and take the necessary steps to protect your intellectual property today.