Is it all in the name?
Something which I was forced to ask myself? (It's not about my name by the way :) ) I decided to talk "software names" this newsletter. The topic was not chosen just because we had nothing else to talk… It was because we thought it was the right time…. We have close to 2000 software listed on iPOTT. It is surprising how software are named… take a look at few below
- HRMS (in fact there are 4 software of the same name)
- HR management
- Transport system software
- Tracking software
- School management software
Let me ask you something how you expect a buyer to distinguish software from your competitive product. OR are these software not intended for an open competitive market. Let's face it. All these days you may not even know you there is another software with the same name. Now with all the software exposed on one platform, on iPOTT, the reality emerges. Let's accept from antiquity, people have recognized the connection between naming and power.So it is all in the Name.
So ponder on your software names. Do you intend to compete? Does your software have a unique name? Does it stand out? Do you propose to own it? The time to act: Names of software (of course every other product also) should be unique and should not be generic; for example your software cannot be called "Finance software" (similar to how your lighting brand cannot be called Solar lights or sun lights). Go ahead…
- Give your software product an identity (let's name it!)
- Confirm that the identity is unique and that no one is using it.
You can actually apply for a Trademark search and check out the uniqueness of your software name.(Ask us for a free search submit!!).
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Then take steps to protect the identity by registering the name through trademarks. In India, The Trade Marks Act, 1999 governs this and the law encourages registration of Trademarks, as registration confers on the owner an exclusive right to use the name.
Below are some FAQs to help you in understanding the need. Do contact us if other questions bug you!!
What is Trademark?
Trade Mark is a mark or symbol used by a trader in association with specific goods manufactured and or sold; mark may be a symbol of reputation of some kind in the goods for its origin or quality or both.
The Brand name, Label or Logo of a company can be registered as a Trademark. Once it is registered then it is protected against misuse by the third parties. The Registered Trade Mark is a valuable property, which can be transferred or sold or licensed to third parties.
In India, The Trade Marks Act, 1999 governs this and the law encourages registration of Trademarks, as registration confers on the owner an exclusive right to use the mark.
What is a good Trademark?
Any Device or Word which has no direct reference to the quality or character of the goods or services.
Invented words or original artistic devices are very good Trademarks. The best marks are invented words, non-descriptive words and distinctive devices.
The Trademark should be registerable.
What Trademarks are not registerable?
No Trademark shall be registered in respect of any goods, descriptive of goods or services which is identical with or deceptively similar to a Trademark which is already registered. Descriptive words, surnames and geographical names are not registerable.
Procedure for registration of Trademark:
Step 1 - All Trademarks must be searched to determine their availability before they are used.
If a word, design or symbol is not to be featured in an advertising programme or on a label, it should be searched even if you plan to use it for a short time. If you do so, the cost of the search can save your investment on advertising and other promotional material and also it will avoid an injunction or award to damages in a suit.
Before making an application for registration, the applicant can apply for search to know whether his Trademark resembles any other mark already on record.
Step 2 - After search is made, according to the report the applicant can decide whether to apply for the mark or not. Once he decides to apply, he has to fill up basic details based on which the attorney or agent will prepare documents for registration.
Once the application is filed with Trademarks Registry, they will accept the application and subsequently the number will be allotted to the applicant.
You can start using TM.
Step 3 - AThe scrutinization of the application will be done at this stage. If the Registrar has any objections to the acceptance of the application, he will communicate his objections to the applicant or attorney.
Step 4 - If the applicant or attorney requests for personal hearing of the case, the Registrar can fix date for hearing.
Step 5 - The Registrar may after hearing the Attorney,consider the submissions made by the attorney pass such orders he may deem fit.
Step 6 - Under Section 20 of the act, when an application for registration of Trademark has been accepted whether absolutely or subject to conditions, the Registrar shall pass an order for advertising in the prescribed manner in the Trademarks Journal in order to give third parties an opportunity for opposition.
The applicant has to pay the prescribed fee and may be required to supply the printing block for the Trademark satisfactory to the Registrar and furnish such other information as may be necessary relating to series of Trademark differing from one another in respect of the particulars.
If there is no opposition filed for the mark applied, it will be through for registration. Registration Certificate will be issued at this stage which is the final stage. You can start using ®.
Requirements for making an application:
- Ten representations of the Trademark
- The name, constitution (e.g. Proprietorship, Partnership or Limited liability company).
- List of goods or services in respect of which the registration is sought.
- If the mark has been used in India, the date since the mark is used.
- An authorization of agent on Form TM - 48 (on Stamp Paper of requisite value) if application is to be made through an authorized Trademark Attorney.
A trademark is a sign of success! Announce its status with ™ and ®
Indicating as extensively as possible that your word or a device is a trademark will help to ensure it does not become generic. You will highlight the marks as your property and place emphasis on the importance of IP rights to your business and your investors. It is illegal to indicate a trademark is registered when it isn't, but there is not prohibition on the use of the words "Trademark" or the letters "TM" to indicate a trademark.
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