Franchising has been around for quite some time now, and with it, the need to protect its identity from being misused by others has also arisen. One of the main methods through which an Indian franchise can protect its identity is by trademarking its name and logo. But first, we’ll have to discuss what trademarking actually means before we go into specifics about how this method of protection can be used in Indian franchises. Let’s dive right in!

Patents, trademarks and copyrights are property

Just like any other thing you own—your house, your car or your business—intellectual property can be bought and sold. It all starts with a good idea, and then putting that idea on paper in some tangible form. The next step is making sure you can prove to anyone who might question it that you were either at least partially responsible for that idea or it came directly from you.

Why you should trademark your brand

A trademark protects your intellectual property from being used by others in a way that might confuse consumers or infringe on your business interests. As such, it’s important to take proactive steps to ensure you maintain full control over how your brand is being used and protect yourself from potentially damaging situations (like copycat businesses). When properly secured, a trademark could also be an invaluable asset for growing and expanding your business as you look to roll out new products or services.

How do I trademark my brand?

The easiest way to register a trademark is by filing an online application. With one click, you will be able to complete your registration and it should take less than two months for approval. If you want to make sure your brand won’t cause any trademark conflicts in India, then you should read up on your rights as a business owner and what steps are needed when creating a new brand name.

How much does it cost to trademark a business name?

The cost to trademark a business name or logo typically varies based on whether you’re filing in-house with legal support or going through an outside attorney. The fees typically include: government fees, government publication costs, attorney fees and other out-of-pocket expenses. In some cases, trademarking your business name can even prevent someone else from infringing on your intellectual property rights (IPR). Read below for more details about what these types of protections entail.

Who owns the goodwill of a business name if there are multiple owners?

A name can be shared and still be a trademark. In fact, many trademarks have multiple owners (for example, Coke). The USPTO registers trademarks for a number of reasons, but it does not get involved in disputes about who owns those trademarks. That said, generally in business when there are multiple owners of a business or property (such as an intellectual property like a trademark), each owner has to agree with any major decisions made by other owners.

When can someone else use my trade name or company name without permission?

If you own a business in which your trade name or company name is a central part of your marketing strategy, you may want to consider getting legal protection for it. Registration of your trademark provides third parties with notice that you intend to use and protect your trademark. Anyone else using your trademark without permission could be liable for damages. Also, upon registration, you receive priority over any others seeking to register that same mark in India.

Where should I file for my trademark?

File a provisional application for your trademark at the USPTO’s Trademark Electronic Application System (TEAS). The $275 filing fee is non-refundable, and you will need to file again once you select your permanent mark.

Will filing for a federal trademark (or state trademark in some states) help me protect my domain name? Section: How long does it take to get a federal trademark registration?
For most trademark applicants, it takes about 4-6 months to get a federal trademark registration. This is for applications filed on an intent-to-use basis and covers you prior to using your mark in commerce.