Looking to Trademark a brand name in India? Let's explore the steps to register a brand name in India, along with the importance of domain registration, business registration, trademark registration, and copyright registration.
By trademarking your company’s name, you safeguard the brand, its reputation, and your ideas, all of which you have certainly put a lot of blood, sweat, and tears into developing. And, while the trademarking procedure will take time in all regions, nothing is worse than failing to protect your brand and perhaps facing an infringement lawsuit from a larger corporation.
Reasons to Trademark your Brand Name:
- The trademark would be a valuable asset for your company and add to its goodwill.
- You can prevent others from using your trademarked company name/logo in relation to the goods or services for which it is registered if you have a registered trademark.
- A trademark can be sold, licensed, or assigned in the same way that any other type of asset, such as real estate, can.
- It ensures that the origin of goods and services is known.
- It encourages more purchasing.
In India, a brand name is trademarked in accordance with the Trademark Act 1999, followed by the Trademark Rules, 2017. Vakilsearch offers customized services through every step of this procedure to ensure a smoother trademark registration experience for you and your brand.
How to Register a Brand Name in India?
Brand name registration is a pivotal step in the world of business. It grants you exclusive rights to your brand name, preventing others from using a similar name for their ventures. The process involves multiple layers of protection:
Domain Registration: Securing your brand’s online presence is essential. Domain registration ensures that your chosen brand name has a unique digital address. It’s the virtual gateway to your brand’s identity.
Business Registration: Registering your business under the chosen brand name makes it a distinct legal entity. It’s crucial for operating as a recognized entity in the market and enjoying the benefits of limited liability.
Trademark Registration: Trademark registration is like putting a fence around your brand name. It legally prevents others from using a similar name for similar goods/services. A registered trademark signifies your brand’s authenticity and uniqueness.
Copyright Registration: While trademark registration focuses on your brand name’s commercial use, copyright registration safeguards your creative content. If your brand involves artistic or literary creations, copyright protection ensures your ownership.
What is The Process To Register a Brand Name?
Step- 1: Trademark search: (time needed: 4-5 hours)
This search is performed to discover if your brand name or logo is comparable to any previously registered trademarks. This search with the Trademark Office is frequently conducted by the trademark agent or attorney to check if any similar trademarks have previously been registered in that class. The two sorts of searches are online and offline searches. It is recommended that you perform both searches. Vakilsearch offers trademark search tools that are efficient and cost-effective, as well as accurate technology for running bespoke trademark search parameters.
The Trademark Name Search tool at Vakilsearch lets you find the previously registered trademarks to avoid copyright infringement.
Step 2: Class and documents Search (5-6 hrs):
The next step is to select the appropriate class(es) for your brand from a list of 45 alternatives. You shouldn’t be concerned, though. Our experts will assist you in selecting the most relevant classes to cover all aspects of your business. On your dashboard, you may start uploading all of the necessary paperwork for online trademark registration at the same time. The required documents include the applicant’s ID proof, the details of the type of organization, signed copy of a power of attorney, TM User Affidavit (in case the trademark is already in use by the applicant), priority certificate, etc.
Step 3: Trademark application: (time needed: 2-5 days)
If your company’s name or logo is judged distinctive, the trademark attorney will file a trademark application based on the search results. You can begin using the TM symbol as soon as you complete the trademark application form. Our team will ensure that your application is free of errors and correct. The application can be submitted either on paper or electronically using the e-filing method.
We’ll keep you informed throughout the process and monitor any Trademark Registry notifications until the registration is finalized.
Step 4: Trademark registration: (time needed: 8-24 months)
Individuals, startups, and small businesses pay ₹4,500/- in government fees (₹9,000/- in all other cases), whereas trademark attorneys charge ₹3500/- per application per class.
The Trademarks Office will review your application to verify if it has already been taken. If this is the case, a trademark objection will be filed, and a response must be made within 30 days. If there are no objections, it runs advertisements in the Trade Marks Journal. A third party may submit an opposition at this point, to which you must respond within two months. Your trademark will be registered six months later if no other companies object within the next four months. Our experts can assist you in crafting an effective objection response and guiding you through the process of supplying the necessary paperwork and proofs.
We at Vakilsearch will keep you updated throughout the registration process. You will be given the best possible care and have all of your questions answered throughout the operation.
FAQs
Can I Use TM on My Logo in India?
Yes, you can use the TM symbol alongside your logo. It indicates that you're claiming trademark rights over the logo. However, the ® symbol can only be used once your logo is officially registered.
Who Is Eligible for a Trademark in India?
Any individual, company, proprietor, partnership firm, or legal entity engaged in trade activities can apply for a trademark in India. It's a way to protect the identity of goods and services from infringement.
How Do I Choose a Trademark Name?
Choosing a trademark name requires careful consideration. It should be unique, relevant to your business, and not infringe on existing trademarks. Conduct a thorough trademark search to ensure your chosen name is available.
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