How to Register a Brand Name in India

Introduction

How many cups of coffee and scribbles on paper did it take for you to zero in to design your brand name? More than a dozen, right? It is universally accepted that a unique brand name as well as logo design are amongst the most valuable assets for a business. That is because it helps customers easily identify your brand among the competitors in the market. It is necessary to pursue brand name registration in India to avoid any potential trademark violations. In this article, we will share how to register a trademark in India. Apart from a step-by-step guide on how to register a brand name in India, you will also find all the necessary information like what kind of documents are required for brand name registration, the duration of the process, etc.

What is a Trademark?

A trademark is a visual signifier that differentiates your brand from the others. It covers things such as logos or the name of the brand, a combination of alphabet and numbers, etc. Now let’s explore what can be trademarked. You can trademark names, last names, taglines, and even unique combinations of colours. Any individual business or LLP can go for company registration.
In India, the Controller General of Patents, Designs and Trade Marks registers Trademarks. You can do Brand name registration in India either offline (physical filing) or online, i.e., E-filing (Online trademark registration). You can go for offline brand name registration in India at the offices of the trademark registry based on the jurisdiction whereas e-filing is useful and arguably a more sensible method in contemporary times.

Advantages of brand name registration

There are many benefits of Trademark registration, such as:

• Exclusive rights to use the trademark
• The registered trademark owns the brand value
• Securing business goodwill
• Provides its owners with legal protection
• Ease of making advertisements and strong public relations

Documents Required for Trademark Registration

Before you go through our guide on how to register a trademark in India, make sure you have the following documents required for Trademark Registration:

• Firstly, you need proof of Applicant
• Secondly, a brand Name/ Logo/ Slogan is needed.
• Thirdly you require documents showing Proof of TM Use
• Also, an MSME/ Start-up India Certificate, if you have one. (Gives access to the 50% rebate of trademark application cost)
• Power of Attorney (TM-48)
• Board Resolution: Both Private limited as well as public companies can apply for a Trademark only after receiving the board’s approval.
• User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit.

Below are the simplified steps for Brand Name Registration in India

The primary step in the process of brand name registration is to create a user account on the official portal of the trademark registry.

1. Register on the trademark office portal:

The first step to register a trademark in India is to log in to the account on IP India, the official portal of the trademark registry. Once you have logged in to the official portal of the trademark registry, the user can log in either using the User ID or the digital signature.

2. Trademark search:

The second step to register trademark in India is to conduct a trademark search of whether the business name, brand or logo is similar to any other already existing trademarks. You can conduct a Trademark search on the IP India Website.

3. Filing of trademark application:

The next step of our guide on how to register trademark in India is filling out the application. After completing a Trademark search, you can apply for brand name registration at the appropriate trademark registry. For this, firstly, you need to fill out the application for registration of the trademark in the prescribed manner along with the supporting documents. You then need to file it with the prescribed government fee for trademark registration. After filing the application the applicant can start using the symbol (™) mark in superscript. One can also pursue trademark registration online. 

After filing the Trademark application, the trademark department reviews the application for any discrepancies. If the application is found complete in all respects, then the department marks the application for examination, otherwise, it asks for clarification. It is also important to keep tracking the trademark status updates from time to time so that the applicant knows the stages of the trademark application at any particular point in time.

4. Examination of trademark application:

Then comes the most important step on how to register trademark in India – “Examination of the application”. Qualified examiners at the trademark registry conduct the examination for brand name registration. Upon completion of all the trademark application requirements, the Trademark Registry posts an advertisement about the brand name in the trademark journal. The application undergoes processing, either as “objected under absolute grounds of refusal” or “objected under relative grounds of refusal,” should any issues arise. You must address any objections or discrepancies raised regarding the trademark application within a specific time period.

5. Show Cause Hearing:

If the response to the examination report is not appropriate, then the Trademark Registry may issue a trademark hearing in the matter. This is also an opportunity for the applicant to portray the brand name in a manner that seems unique and distinctive to the trademark officer during the hearing. 

The notice of the trademark hearing will be issued to the address provided in the application in addition to uploading the same to the portal. The applicant needs to appear in person or with their agent or lawyer to submit the grounds in favour of the brand name application and request the hearing officer to allow the trademark application to proceed further in the trademark processes toward the brand name registration.

6. Publication of Mark in Trademark Journal:

After examination, the trademark is published in the Trade Marks Journal. There is a freezing period of four months during which the application for brand name registration remains open to opposition. In case there is an opposition filed by the opponent, a hearing process shall be conducted by the Registrar to make notice of sufficient grounds from both parties to establish their claims. Considering the facts of the case and also supporting documents, the Registrar of the appropriate trademark registry decides in favour of either party to the case.

7. Trademark registration & certification:

After the trademark journal publishes the application for brand name registration, the Trademark Registry issues a registration certificate under its seal. The Trade Marks Registry enters the details of the Registered Trademark into the Central Register of Trade Marks. The applicant can use the registered trademark symbol (®) once the Trademark Registry registers the trademark application in their name. This is the final step of our guide on how to register trademark in India.

Timeline for Trademark Registration Process

Now, via our guide on how to register a brand name in India, you know how to go about brand name registration in India. But another vital thing to know is how long it will take. The whole process of brand name registration takes anywhere around 6-12 months. The brand name accepted for trademark registration will remain valid for an unlimited period of time subject to time renewal of the registered trademark. You also need to maintain a registered trademark application by renewing it every ten years.

Fees & Cost for Brand Name Registration

Brand name registration carries two types of costs, that is Government Fees and Professional fees. The government fees depend on the business structure of the entity that applies for a Trademark. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration). The Professional Fees vary from service provider to service provider.

Here are LegalWiz.in’s professional Packages:

Conclusion

Brand name registration or trademark registration in India is an absolute necessity and hence, knowing how to register a trademark in India is very important. In the age of the Internet, brand visibility has increased manifold. However, without brand name registration this visibility can easily lead to somebody else stealing your brand name and taking undue advantage! With professional help, brand name registration can be done seamlessly and quickly. To ensure brand name registration under the appropriate class, you can consult our experienced legal professionals who can guide and also help you in making the brand name registration-related processes smooth, simpler and easier. So, get your brand name registered today and keep your brand secure.