How to Trademark a Skincare Brand?
Protecting the brand and logo should be a top consideration for everyone who owns or is establishing a business in the industry.
Through trademark law and the trademark registration online process, you can safeguard the trademark rights in your brand and logo for your line of skincare items.
Selecting a strong trademark for your brand, clearing the trademark through searching, using the trademark appropriately on your skincare products, and registering your trademark with the ipindia are all crucial steps to take when trademarking your brand and logo.
Accordingly, the trademark class for skin care products is Class 3.
Thus, you should only get your trademark under the specific class.
Step 1: Search for Trademarks
The business service provider experts will conduct a thorough search of the trademark database once you have provided us with the essential details about the product or service you wish to register as well as the sector in which you work.
This is done to determine whether the trademark you intend to register for your skincare brand is already taken.
You select an available trademark, and then we go to step 2.
Step 2: Document gathering and class selection
The next step is to choose the class or classes that are right for your company.
However, you shouldn’t worry too much. To cover every element of your organisation, the classes you choose will be guided by experts. In your dashboard, you can simultaneously begin uploading each of the necessary documents for trademark registration online.
Step 3: Submitting a Trademark Application
Your agent will check all the documents once you have uploaded them.
After that, on your behalf, the trademark application form will be completed and filed with the supporting documentation.
Details and Documents Required for Trademark Registration
- Applicant’s name
- Business Type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)
Until the registration is finished, we will keep you informed about the procedure and keep an eye out for any alerts from the Trademark Registry.
Congratulations! You can now start using the symbol ™ as the application has been submitted!
Step 4: Opposition to a trademark (in some cases)
The examiner might occasionally have some inquiries concerning your application. You have 30 days to react to this trademark objection notification that has been delivered to you.
The specialists can help you submit the appropriate paperwork and supporting evidence as well as draught a compelling objection response.
Step 5: Opposing a trademark (in some cases)
A third party may potentially decide to oppose your application.
In that scenario, you must provide the Registrar with a counter-statement within two months outlining why the opposition is invalid.
The Registrar may decide to dismiss the opposition or schedule a hearing based on your response.
Trademark Objections
The trademark examiner may occasionally find flaws or concerns with the registration of your property.
These problems can include filing the wrong trademark application, giving the wrong name or address, using offensive or misleading phrases, providing insufficient information about the goods or services, or using an identical or misleadingly similar mark.
Following the raising of an objection, the status on the register will read “Objected,” at which point a skilfully crafted answer must be filed together with any necessary proofs and documentation.
Your chance to make your claim over your mark stronger and establish urgency is during the objection response.
The application will be handled further for registration and publication in the Trademark Journal if the response is approved.
A trademark hearing may be arranged, and you will be given notice if it is not accepted or if the examiner requests any additional explanations.
From the time the objection is initially lodged, the process normally takes 2–4 months. While clearance is not guaranteed after completion, the chances are significantly increased.
Trademark Opposition
On the other hand, a trademark opposition is a court case in which one party tries to prevent the approval of a trademark application.
Third parties that believe your trademark might adversely affect them or their own trademark submit a trademark opposition with the trademark examiner in writing in the form of a notice.
If the examiner determines that the objection has validity, they must notify the applicant, who has two months to submit a counter statement to the Registrar.
The Registrar may decide to dismiss the opposition if they believe the counter statement adequately addresses it.
The registrar may also schedule a hearing where both parties come before them and argue their cases if they believe there is more to be considered.
The registrar will decide regarding the admissibility of the application or the opposition following the hearing.
Within three months of it becoming public, this decision may be appealed before the Intellectual Property Appellate Board.
Trademark Considerations for Beauty Brands
- Take the Time to Choose the Right Name
- Register with the Government
- Work with a Trademark Expert
- Consider International Trademark Registration
- Enforce Your Trademark Rights
Why do You Need to Trademark Your Skin Care Brand ASAP?
There are many reasons why you need to trademark your skincare brand ASAP.
- The first reason is so that no one can steal your idea.
- Second, it will make it easier for you to get a loan or start a business because you will have the legal protection of a registered trademark.
- The third reason is to protect your name from being used by someone else in an inappropriate way.
Finally, it will help with marketing and advertising because you can use the logo on your products and packaging as well as on any promotional materials.
