Why do Bloggers need to Trademark their blog name?

In today’s world, the internet has effectively lowered the bar to entry for many fields. You can start your business or create your brand through blogging, and you do not need a storefront and printing press to sell and publish your goods. That’s why millions of blogs exist across the internet, and most of them have grown to enormous proportions. Bloggers face some legal issues similar to that of their print publishing counterparts. That is why bloggers need to protect their IP (Intellectual Property). So the main question that will arise is should the bloggers need to trademark their blog name. This question's answer will vary from blogger to blogger; overall, modern bloggers will benefit from trademark registration. Earlier, blogs were a personal communication medium.

Even once you receive the trademark registration, the owner must actively protect their rights, and they can stop other entities who try to infringe on their rights. No one will tell an entity to stop using your trademark.

What is a Trademark?

Trademark is a name, word, logo, or any combination of colours used by any company to give a unique identification of its goods and services. Trademark Act, 1999 allows an individual or company to register a trademark in India, and the trademark registration in India is mandatory. It is legally authorized by the government and provides all the rights to the owner to manufacture, sell, and use the services & products.

What are the benefits of Trademarking your Blog Name?

You can check all the benefits of Trademark Registration for your blog name mentioned below:

• It helps to create brand value.
• It provides worldwide Trademark registration.
• It protects for ten years at a low cost.
• It also helps to attract human resources.
• It helps to build trust for customers around the world.
• It helps to expand the business in the global market.
• Provides legal rights to the registered owner.
• It protects the registered owner against any infringement.
• Trademark is considered an intangible asset.

Criteria for Trademark Registration for your Blog Name

Following are some points you must remember while registering your trademark for your blog name:

1. You must share original and unique information on your blog that no one can't find the same information.
2. Use your blog to communicate or spread messages about your business or brand.
3. A huge amount of readers/subscribers/visitors regularly visit your blog for valuable material you provide.
4. Your blog has evolved into a business opportunity.
5. You start to find another blog that looks similar to yours.

How to Trademark your Blog Name?

The Trademark Registration is not simple, and it is very complex, but the structure is straightforward. Following are the steps to filing a trademark registration application:

Step 1: Identify whether you need trademark protection or not:

If your blogs are for business, then it is essential to obtain trademark registration for your blog name. It is probably not mandatory for personal blogs to register unless you attain significant traffic and people start recognizing your brand name as a brand.

Step 2: Decide whether you must hire a trademark attorney:

It is advisable to hire a trademark attorney. There are many benefits to doing so. For instance, a trademark application filed by an attorney has a 50% chance of approval.

Step 3: Identify the format of your mark:

You can file your trademark in three different formats:

1. Typical characters, as in a name.
2. Designed, as in a logo.
3. Sound.

While your mark might appear in your logo, you should still file a separate trademark application for each mark.

Step 4: Find the specific goods or services to which the mark will apply:

To identify your mark, you must classify it among the accepted trademark classes. Depending on the trademark application type you file, you should identify a very particular set of goods or services that the mark covers.

Step 5: Execute a Trademark Search:

It is very important to search for a trademark that is unique because if you apply for a trademark that is similar to already registered or already taken, then your application will be rejected, and you will waste your time and money. It means you must simply searching the USPTO database for your mark. Like common law trademark rights, some other considerations do deep searches before applying for the trademark registration. Know all the important points before registering a trademark in India.

Step 6: Determine your basis for filing:

If you want to launch a blog and want to trademark the blog name before your competitors can think of it, you can file under "intent to use." If you are a present blogger, you have to file a "current use" application, which means the mark is currently used in commerce. As per the USPTO (the United States Patent and Trademark Office), this means you have a bona fide intent to use the mark/logo/name in commerce: that is, you have a business plan, creating sample products or performing other activities related to the business. Once you receive approval, then you can start using your mark and prove it to the USPTO within six months, or you can file an application for trademark registration.

Step 7: File your application:

After completing all the above steps, then you can file your trademark application. If you have hired a trademark attorney, then they will do this for you. If you don't hire an attorney, you have to file a trademark application on the USPTO website. Once you file your trademark application, then you have to wait. It takes at least four months to hear back from the USPTO, even if everything goes easily. You may also require to file extra paperwork at that point, which may extend the process. If you file and properly respond to the USPTO, then you can avail of trademark rights within 13 to 18 months.

Conclusion

It is clear that, without trademarking your blog name, you cannot avail of any benefits of trademark registration in India. A registered trademark is a vital asset to protect the company's investment in the brand. In India, the trademark registry performs all the rules and regulations of the trademark law.