A brand speaks a lot about a business organization and its line of products and services it deals with. Therefore, brand registration or trademark registration is inevitable for all kinds of business organizations. Brand registration is a process and one should take the help of few qualified and well trained trademark professionals as per the law and regulations when it comes to trademark registration or brand registration for business or individuals.
How much coffee and paper scrawl did it take you to finally settle on your brand name? Twelve, correct? If the trademark is not registered at the time of adoption, another person can come up with a comparable idea. It is widely acknowledged that a distinctive brand name and logo design are a company’s most important assets since they enable customers to quickly distinguish your brand from those of your rivals. To prevent any potential trademark infringements, Brand registration in India is required.
STEPS: How to Register a Brand Name in India?
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Step 1: Trademark Search:
This search is used to see if your brand name or logo is similar to any other trademarks that have already been registered. The trademark agent or attorney often conducts this search with the Trademark Office to see whether any comparable trademarks have previously been registered in that class. Online and offline searches are the two types of searches. It is suggested that you conduct both searches. Likewise, Vakilsearch provides efficient and cost-effective trademark search tools equipped with accurate technology to run customized trademark search parameters.
Vakilsearch‘s free Trademark Search tool helps you to check trademark availability before you begin the registration process.-
Step 2: Class and Documents Search
The next step is to choose the right class(es) for your company. However, you shouldn’t be too concerned. Our professionals will assist you with picking the appropriate lessons to address all elements of your company. Simultaneously, you may begin uploading all of the essential documents for trademark registration on your dashboard.
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Step 3: Trademark Application
If your business name/logo is deemed to be unique, the trademark attorney will create a trademark application based on the findings of the search. As soon as you fill out the form for a trademark application, you may start utilizing the TM sign. Our staff will make certain that your application is error-free and accurate.
We’ll keep you updated throughout the process, and we’ll keep an eye out for any Trademark Registry alerts until the registration is complete.
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Step 4: Trademark Registration
Government costs are Rs. 4,500/- for individuals, a startup, or a small business (they are Rs. 9,000/- in all other circumstances), and trademark attorney professional fees are Rs. 3500/- per application per class.
Your application will be examined by the Trademarks Office to see whether it has already been taken. A trademark objection will be filed if this is the case and a reply must be filed within 30 days. Additionally, it publishes advertising in the Trade Marks Journal if there are no objections. Moreover, in this stage, a third party might file an opposition to your counter-statement within 2 months. If no other firms object within the next four months, your trademark will be registered six months later. Further, our specialists can help you design a powerful objection response and guide you through the process of providing the proper papers and proofs.
At Vakilsearch, we will keep you informed till the registration procedure is completed. Therefore, throughout the procedure, you will receive the greatest possible assistance and have all of your questions addressed.
Advantages of Brand Name Registration:
- only authority to use the brand
- The brand value is owned by the registered trademark.
- preserving business reputation
- enables its owners to benefit from legal protection
- Simple advertisement creation and effective public
The Controller General of Patents, Designs, and Trade Marks registers trademarks in India. Both offline (physical filing) and online (i.e., E-filing) methods of registering a brand name are available (Online trademark registration). Depending on the country, brand name registration can also be done offline at the trademark registry’s offices; however, e-filing is more practical today and might even make sense.
Reasons to Register Your Brand Name
When establishing a business, registering your trademark, logo, and business name is a crucial step with various benefits. Here are six compelling reasons to register your brand:
- Enhanced Legal Protection: Unregistered trademarks have some legal protection, but the burden of proof is high in case of infringement. A registered trademark provides additional protections, including presumed ownership, reducing the burden of proof.
- Avoiding Infringement Issues: Registration ensures your trademark isn’t similar to others. Accidental infringement could lead to legal consequences, including lawsuits, fines, legal fees, and loss of profits. Renaming or rebranding due to infringement can be costly and confusing for customers.
- Exclusive Rights: Registering your trademark grants exclusive rights, preventing other companies from having a similar trademark. This exclusivity is vital for building a unique brand identity and market presence.
- Legal Recourse: A registered trademark allows legal action against infringers. Record it with U.S. Customs and Border Protection to prevent the import of counterfeit goods, safeguarding your brand’s integrity.
- Use of Symbol ‘®’: A registered trademark allows you to use the prestigious ‘®’ symbol, indicating federal registration. This symbol adds credibility to your company and signifies official recognition.
- International Expansion: With a federally registered trademark, expanding into other countries becomes smoother. You can leverage your registration for foreign trademark filings, facilitating international business growth.
Domain Registration
In the vast online landscape, securing a unique and memorable domain is the first step toward establishing your digital presence. Choose a domain name that reflects your brand identity and is easy for users to remember. Opt for reputable domain registrars to ensure seamless registration and management, minimising the risk of future complications. A well-chosen domain sets the foundation for successful online ventures.
Business Registration
When transforming your entrepreneurial vision into a tangible business, formalising your entity through business registration is essential. Navigate the legal landscape by registering your business with the appropriate authorities. This not only enhances your credibility but also provides a distinct legal identity. Explore the different business structures available, such as sole proprietorship, LLC, or corporation, and select the one aligning with your goals.
Trademark Registration
Protecting your brand’s identity is paramount, making trademark registration a crucial step. Safeguard your unique brand elements, including logos, names, and slogans, by securing a registered trademark. This legal protection prevents others from using similar identifiers, fostering brand recognition and trust. Undertake a comprehensive trademark search before registration to ensure exclusivity and avoid potential conflicts.
Copyright Registration
For artists, writers, and creators, protecting your creative works is crucial. When you register your original literary, artistic, or musical creations, you gain legal rights to control and prevent unauthorised use. Whether it’s a book, painting, or song, copyright registration ensures you keep ownership of what you’ve created. Understanding and completing these registration processes builds a strong legal foundation for your business or creative pursuits. Prioritise these registrations to strengthen your online presence, establish a trustworthy business identity, and safeguard your intellectual property from potential misuse.
FAQs
How can I register my brand name in India?
To register your brand name in India, you need to file a trademark application with the Trademark Registry. The process involves a thorough search, application filing, examination, and if approved, registration. Consider seeking professional guidance for a smoother and more effective registration process.
What is the cost of brand name registration in India?
The cost of brand name registration in India varies based on factors like the type of applicant, the number of classes, and professional assistance. Government fees are involved, and hiring a trademark professional can incur additional charges. The total cost typically ranges from a few thousand to several tens of thousands of rupees.
How do I register a company or brand name?
To register a company or brand name, you need to follow different processes. Registering a company involves the Ministry of Corporate Affairs, while brand name registration falls under the Trademark Registry. Each process has specific requirements and forms. Professional assistance ensures a smooth and accurate registration for both.
How can I register my business name for free in India?
Registering a business name for free in India is not possible. The trademark registration process involves government fees, and professional services, if opted for, come with their charges. While you can try a basic search on the official trademark website, comprehensive registration requires a formal application and associated costs.
Can I register a brand without a company?
Yes, you can register a brand without having a formal company. Brand registration is independent of the business structure. Individuals, startups, or entities can apply for trademark registration irrespective of their organisational status. Ensure you meet the necessary criteria and follow the prescribed procedures for a successful registration
How do I start my own brand name?
To start your own brand name, begin by choosing a unique and distinctive name that aligns with your business. Conduct a comprehensive trademark search to ensure its availability. Once finalised, file a trademark application with the appropriate authorities, fulfilling all necessary requirements for a successful registration.
Can I register my brand on my own?
While you can attempt to register your brand on your own, seeking professional help is recommended. Trademark registration involves complexities, and professionals are well-versed in navigating the process efficiently. Their expertise ensures accurate filing, increases the chances of approval, and minimises the risk of errors during registration.
