While registering trademark certain points need to be taken care such as

1. Arbitrary Words: Choose words that have a connection or relevance to the product or service for which you are seeking trademark protection. The selected words should not be arbitrary or unrelated to the goods or services.

2. Suggestive Marks: Suggestive marks are ideal as they indicate or suggest attributes or qualities of the product or service. These marks provide some information without directly describing the product or service.

3. Avoid Generic Words: Avoid using generic words or terms that describe the common name, color, nationality, or a plethora of other generic attributes. Generic words are typically not eligible for trademark registration because they do not distinguish your product or service from others.

4. Avoid Purely Descriptive Words: Purely descriptive words directly describe the nature, quality, or characteristics of the goods or services. Trademarks that are purely descriptive may not be eligible for registration unless they have acquired distinctiveness through use in the market.

5. Avoid Personal Names, Surnames, and Religious Names: Trademarks that consist of personal names, surnames, or the names of gods and goddesses may face challenges during registration. It's advisable to avoid such names unless you can demonstrate a strong case for their distinctiveness and uniqueness in connection with your goods or services.

Advantages Of Trademark Registration

Legal Protection:

Once your trademark is registered, you gain exclusive legal rights to use that trademark. This means that no one else can use the same or similar trademark for similar goods or services without your permission.
If another entity uses your registered trademark without authorization, you have the legal grounds to pursue legal action against them.

Unique Identity:

Registering a trademark helps establish a unique and distinctive identity for your brand, product, or service.
It ensures that your trademark is distinguishable in both domestic and international markets, preventing others from using a similar mark for similar goods or services.
Registered trademarks are designed to avoid infringing on existing trademarks.

Trust and Goodwill:

A registered trademark enhances the perception of trust, goodwill, and quality among consumers.
Customers often associate registered trademarks with credibility and reliability, which can positively impact your brand's reputation.

Brand Popularity:

Trademark registration can contribute to making your brand more popular and recognizable among the public.
A well-known and registered trademark can become a valuable asset for your company.

Requirements and Procedure for Trademark Registration.

1. Trademark Search:

Before filing a trademark application, conduct a preliminary search to ensure that your chosen trademark: Is unique and not confusingly similar to existing trademarks. Doesn't infringe on the rights of others. Doesn't face potential objections from the trademark registry.

2. Types of Trademark Searches:

Trademark searches can be conducted based on: Word Search: Focusing on textual elements of the trademark. Device Mark Search: Analyzing the visual or graphic elements of the trademark.

3. Filing the Trademark Application:

Submit a trademark application to the appropriate government authority. The application can fall into one of three categories: Ordinary Trademark Application: Filed for a single class of goods or services. Multiclass Trademark Application: Filed for more than one class of goods or services. Convention/Priority Trademark Application: Filed based on priority in other countries.

4. Information Required for Filing:

When filing a trademark application, provide essential information such as:
Name of the applicant.
Type of applicant (individual, company, etc.).
Address of the applicant.
The class or classes of goods or services for which the trademark is sought.

5. Examination Report:

After filing, the trademark registry will generate an examination report. This report will determine whether the trademark is accepted or if any objections need to be addressed.

6. Trademark Publication:

The trademark application goes through stages including filing, examination, publication, opposition, registration, and renewal. Publication involves making the application public in the Trademark Journal.

7. Opposition Period:

After publication, there is a period during which interested parties can file opposition to the trademark registration. The notice of opposition must be filed within 4 months.

8. Trademark Registration:

If there are no oppositions or if they are resolved in your favor, the trademark will be registered. Trademarks in India are registered for a duration of 10 years from the date of application.

9. Trademark Renewal:

Trademark registrations need to be renewed periodically, typically every 10 years. Renewal ensures continued protection of the trademark.

10. Trademark Rectification:

- Rectification can be sought if there are errors in the trademark registration. - Errors might include not using the trademark for more than 5 years or failing to pay renewal fees.

11. Trademark Protection:

- Registered trademarks enjoy legal protection and exclusive rights of use. - Unregistered trademarks may have limited protection.

12. Trademark Infringement:

- Unauthorized use of a registered trademark can lead to legal action. - Infringement cases can be brought to court.

13. Trademark Classification:

- Trademarks can be filed under specific classes related to goods and services. - Proper selection of the trademark class is crucial for the registration process. Trademark registration is a valuable step to protect your brand and intellectual property. It's advisable to seek legal advice or consult with a trademark attorney to navigate the registration process effectively and ensure your trademark complies with all legal requirements.