Naming a business is just as important as naming a child.
You take a lot of time to think of a unique name that you really like, and then
you register it. If you want to name your business after yourself or someone
else, or if you already have a name in mind, it's important to get it
trademarked. We have a guide to help you How to register for Brand Name in
India.
The process of naming your business can be a challenging
one, as you want to select a unique and memorable name that sets you apart from
your competitors. Some individuals seek advice from astrologers or
numerologists, while others opt to use their family name. Regardless of the
approach, it is crucial to register your chosen name to prevent others from
using it and to protect your brand identity.
What is Brand Registration?
Brand registration in India is the process of registering a
trademark or a brand name with the Indian Trademark Registry. This registration
is done under the Trademarks Act, 1999, and provides legal protection to the
owner of the trademark or brand name.
Brand registration is important because it helps to
distinguish your goods and services from those of your competitors. Once
registered, the owner of the brand or trademark has the exclusive right to use
the registered mark and can take legal action against anyone who tries to use a
similar mark without permission.
Difference between: Trademark & Brand name
Although the terms "trademark" and
"brand" are frequently used interchangeably, it is important to note
that they have distinct meanings. A brand represents the image and perception
of your business in the eyes of the public, whereas a trademark legally
protects specific aspects of your brand, such as its unique identifier. It is essential
to understand that registering your brand as a whole differs from registering
just the brand name, which falls under trademarking.
Making Ready for Brand Name Registration in India
To successfully register your brand name without any
objections, you need to meet certain requirements and expectations.
Regarding eligibility we mean;
- Anyone who claims to be the owner of a trademark, such as
an individual, company, proprietor, or legal entity, can apply for brand name
registration in India.
As for expectations we mean;
- You cannot simply declare your brand name and expect it to
be registered. Before registration, your brand name or logo must be verified
for similarity with existing brands.
- Additionally, to qualify for trademark registration, your
brand name must fall under one of the following categories: a name (including
personal or surname of the applicant or predecessor in business or the
signature of the person), a coined, invented, or arbitrary dictionary word or
words not directly describing the quality or character of the goods or
services, alphanumeric.
- In order to file a Trademark application, it is essential
to provide the requisite documents which include a copy of the Trademark or
logo, personal information of the applicant, details of the goods or services
to be registered, and the date when the trademark was first used in India (if
applicable).
- The applicant must sign a Power of Attorney, among other
things.
Procedures to register a Brand Name in India
Below are the following procedures to register a brand name
in India:
1) Registering on trademark official portal:
To start the process of trademark registration, you need to
create an account on the official portal of the trademark registry at
https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx. Once
you've logged in, you can use either your User ID or digital signature to
proceed.
2) Trademark search:
Before registering your brand name, logo, or business name,
it's essential to conduct a trademark search to ensure that it doesn't resemble
any existing trademarks. You can perform a trademark search here.
3) Filing of trademark application:
After completing the trademark search, you can file the
application for brand name registration with the relevant trademark registry.
The application must adhere to the prescribed format and include supporting
documents, along with the government fee for trademark registration. Once
filed, you can start using the ™ symbol in superscript. Online registration for
trademark is also possible.
After submitting a trademark application, the trademark
department will review it to check for any errors or inconsistencies. If the
application is complete and meets all requirements, it will be marked for
examination. Otherwise, the applicant will need to provide clarification. It's
essential for the applicant to monitor the trademark status updates regularly
to stay informed about the application's progress.
4) Examining a trademark application:
During the examination process, qualified examiners at the
trademark registry will review the application to ensure it meets the necessary
requirements for brand name registration. If the application is approved, the
brand name will be advertised in the trademark journal.
5) Show Cause Hearing:
In the event that the response to the examination report is
deemed inadequate, a trademark hearing, known as a Show Cause Hearing, may be
initiated by the Trademark Registry. This presents an opportunity for the applicant
to showcase the uniqueness and distinctiveness of their brand during the
hearing. The applicant will receive notice of the hearing at the provided
address in their application, as well as on the portal. They must appear in
person or with their representative, such as a lawyer, to present arguments in
favor of their brand name application and request that the hearing officer
advance the trademark application in the registration process.
6) Publication in the Trademark Journal:
After the examination of the trademark, it is published in
the Trade Marks Journal and remains open to opposition for four months. If an
opposition is filed, a hearing process is conducted by the Registrar where both
parties present their claims with supporting documents. Based on the facts of
the case, the Registrar decides in favor of one party.
7) Registration and Issuance of Trademark Certificate:
After publication in the trademark journal, and once the
application proceeds for brand name registration, a registration certificate is
issued under the seal of the Trademark Registry. The Registered Trademark
details are entered into the Central Register of Trade Marks maintained by the
Trade Marks Registry. Upon registration, the registered trademark symbol (®)
can be used by the applicant.
The entire process of brand name registration takes between
6 to 12 months. If the brand name is accepted for trademark registration, it
will remain valid indefinitely, subject to time renewal. The registered
trademark application requires renewal every ten years to maintain its
validity.
Conclusion
Registering your brand name in India is a crucial step to
protect your intellectual property. The process may seem daunting, but with the
right guidance and support, it can be a smooth process. Follow these steps, and
you'll be on your way to securing your brand name in India.
