Is There Any Need For A Trademark for an Android Application?

0
6323

To comprehend whether there is any desideratum for a trademark for android application, we will first have to understand the trademark basics. 

Prior to doing anything further in terms of making investment in marketing, it is critical to opt for logo registration online in India. It can be done online and required documents via visiting the official website.

Defining Trademark

To put it simply, a trademark is a phrase or a word or a symbol. They demonstrate either the particular product or a company. Trademarks help to distinguish the products of a specific company from others in the market. Prerogatives will be offered to the owner for their service or product by trademark examination report. No one will be allowed to use that particular design, name, symbol, or logo. If there is a contravention of your right, then you can sue the infringer legally.

Also Read: Why Trademark Registration Is The Key To Building A Successful Brand?

Usually, the ™ symbol is used on new logos, designs, words, or phrases by the specific association or the individuals. At the same time, waiting for the trademark reply to the examination report. The ® symbol represents a registered trademark for a specific product or service. There are plenty of categories in the trademark like word, sound, slogan, logo, design, letters, emblem and so forth.

The necessity of trademark for android applications

Android platform is open for all, and it is open for every app inventor as well. One can create apps by downloading the Android SDK and disperse them worldwide as there are zillions of applications in android. 

It is suggested to have a trademark registration if your app will be successful as trademark registration is not free of cost, and you will have to pay a fee for it. With the trademark registration, your app will be safeguarded from third-party infringers. You can rest assured that your name will be exempted for use by the other developers through trademark registration. If the app name is identical to your registered app name, then rename it. Trademark registration is a genuine way to eradicate other apps that use your app name or design.

For the unregistered trademarks, the concern of evidence is high. Maintaining a registered trademark on the table offers the trademark owner many benefits like more protection, presumed ownership, and minimal pressure of having shreds of evidence. If someone either knowingly or unknowingly infringes others design or name, or trademark. Then the owner can eliminate such design or name and can sue them legally with fines. They will be obliged to give up all the benefits gained under the unregistered trademarks. They will be provided a chance to recreate it. Once again, they will have to pay a new set of substances for registration; in this whole process, there is a chance that they will lose some of their customers. Hence, it is better to avoid such scenarios. 

Hence, instead of the ™ symbol, you can use the ® symbol once you obtain the trademark registration. A registered trademark adds value and prestige. It also safeguards your name and design for a decade at a low-cost. You will have the customers’ trust and goodwill as well. It can be your intangible assets. To register your trademark in a foreign country, you will have to register a trademark in India first as your business need to abide by the limitations of trademark law

Trademark registration in India

First things first are to have a proper name for your app. Many app developers try to have explanative names because it explicates the app. Select the name that would be distinct from the existing ones. After that, you are obliged to analyse your app name while applying for trademark registration if your name is identical to others. Then you might receive a sample reply to the trademark examination report mentioning to alter your app name. It can be frustrating as there are a lot of apps on android.  

Hence, to avoid such scenarios, you should ensure that your app has a sui generis name. A trademark search can be done via online/offline mode. It is suggested to seek help from your lawyers while registering a trademark. You are required to submit form TM-1 for registration. The cost of trademark registration relies on how broad and extensive the app is. Once this process is done, the trademark will be registered officially. 

In conclusion

A trademark for the android application is mandatory. It is quite useful to do so. It would protect your app from third-party usage along that, and you will have full ownership and control over your app. 

Also Read: How Do You Set up a Business in Australia?