Nowadays everything is technical advanced from business to games. Every business whether it is a small medium or large business are focusing and moving more towards this technological advancement. Every business is creating their mobile application for increasing their customer services. In this technological world there is an application for everything and every business. As we all know android application are software applications which are globally used by public at large. These applications are searchable and distinguished by their name, logos and details.
Why Trademark your Mobile Application?
As we can see mobile applications have become central to everyday activities and services. There is a need to protect them from copying or illegal use by other people. Your App distinguishes your product from other products and provides you an application based customer interaction. There is always a risk of unauthorized use by other individual. Trademarking your Application will protect your application from being used by others without your authorization. Thus Trademark Registration will give the owner of the application exclusive right to use the mark and to distinguish their product/ services from others.
Trademark or brand name is a symbol or sign which may be a word, name signature logo, label, number or combination of any one used by a business on its goods or services to distinguish it with other goods in the market. Like McDonalds, Starbucks, Jio etc. while designing your application you have to keep in mind the name for your application. Your name of the application must be unique and distinguishable. There are basically four things you have to keep in mind while deciding your application name:
1) It should be unique and not similar to any other trademark.
2) It should be capable of being represented in paper form.
3) It should be used or proposed to be under for your goods and services
4) It should be able to indicate a connection between your goods and services and your trademark.
Benefit of Registering Trademark
Registering a trademark will have following benefit:
1) It will secure the name of your application.
2) It will secure appearance of your application’s icon.
3) It will secure its user interference appearance.
4) It will secure your logo.
5) It will protect your application from illegal copying.
Registration of Trademark
There are various classes under which you can register your trademark. You can register your mobile application in class 42 of trademark. There might be multiple classes in which your trademark might fall due to your business activities. The process of Trademark Registration is very easy. The fee depends upon the nature of business i.e. company or small enterprise and on the nature of filling i.e. physical or electronic filling. The fee can be seen from below table:
|S. no.||Entity||E filling||Physical filling|
|individual/ start-up/ small enterprise||4500/-||Rs. 5000/-|
However, in the case of MSME the government has provided a scheme in which MSMEs receive a subsidy for registration of Trademark of MSME. That means MSMEs might pay less than what is stated in the table.
For registering a trademark you have to follow the steps as given below:
1) You have to make a public search to see that there is no similar or same trademark as your proposed trademark.
2) You have to fill the registration form and select the class of the trademark.
3) You have to fill application form i.e. TM-A which is available at: http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/FORM-TM-A.pdf
4) You have to fill in details like name, address and nationality of the applicant, details of goods/ services for which the trademark is proposed.
5) You have to submit the application.
6) Then the trademark authority will check your trademark and will register the same.
You can register under MSME through Udyog Aadhar. Udyog Aadhar is 12 Digit Unique number issued by the Ministry of MSME. Process of obtaining Udyog Aadhar is very simple, you can file your form online and it does not require any documents. You have to submit your personal and profession details. After obtaining Udyog Aadhar you will get benefits from the government like loan from government on low interest rates, government funding in your business and you will get deduction in your fee of trademark.
So government is providing so many benefits to those who obtain Udyog Aadhar and also you will get deduction in your fee of trademark so you should obtain Udyog Aadhar for your business.
Conclusion for How to Protect Android App with Trademark
Importance of Intellectual Property Rights has increased in nowadays because it is important to secure our Intellectual property rights so no one can violate our rights. Android Apps is nowadays can be copied by anyone so you should secure it by trademark so one can copy it. Process of Trademark registration is easy and simple, you can file your form online. And also you should register your business under Udyog Aadhar because government launched so many schemes which can be obtain only by Udyog Aadhar and by acquiring Udyog Aadhar you will get deduction in your Trademark fess.