Trademark Registration

How to Secure a Trademark Registration of Brand Name in India?

Trademark Registration of Brand Name
| Updated: Apr 27, 2021 | Category: Trademark

The major purpose behind Trademark is to give a unique identity to your product or service that makes it stand out from the rest of the products and services in the market. The Trademark is defined as an expression or a unique identity of a name, word, logo, colour combination, photograph, slogan, label, sound, smell, or graphics utilised by the businesses in the market to differentiate their goods and services.

Every business in the market looks for registration of their brand name and logo. If you come up with an idea of a unique brand name or logo, then the best way to protect and secure it as the business’s unique identity is to do a trademark registration of the brand name. In this blog, we will discuss about how to secure a trademark registration of a brand name in India and its benefits.

What is trademark registration of brand name?

The brand name of the company is a spotted or recognised trademark of the business. It is the trademark protection given to your Business, Brand Name, Product Name, Label, Logo, Domain Names and Punch line. It is essential to recognise and give protection to all the Intellectual Property Rights of the business, including the trademarks.

 A registered trademark is an impalpable asset or the intellectual property of the business. Trademark registration of brand name acts as a protective cover to the investment made by the company in making its logo or brand. It is important to keep a different name for the products of the business or for the services of the business. Thus, trademark registration of a brand name is important for the protection of the independent name, device mark or wordmark of the company.

How to protect the brand name by trademark registration?

The process of Trademark Registration of a brand name is as given below:

Step 1: Trademark Search

Many businessmen do not understand the importance of a trademark search. It is important to have a distinctive brand name, and TM search helps in knowing if similar trademarks are available, and it gives a clear picture of where the Trademark stands and gives a precaution regarding the possibility of trademark litigation.

Step 2: Filing Trademark Application

After choosing the brand name or logo, the person must ensure that the same is not listed in the Trademark Registry India. Then the first step will be to file an application for Trademark at the Trademark Registry India. Currently, filing is done online, and after filing an application, immediately an official receipt is given for future reference.

Step 3: Examination

Once a trademark application is filed, the examiner examines the discrepancies, which can take around 12-18 months. It is the choice of the examiner to accept the Trademark completely, conditionally, or he can also object to the same.

If accepted – the Trademark shall get published in the Trademark Journal.

 If not accepted unconditionally – the objections or the conditions to be fulfilled would be given in the examination report, and the applicant shall be given the time to reply to the objections and fulfil the conditions.

After the response is accepted- the Trademark gets published in the Trademark Journal.

If the response is not accepted- the applicant can request a hearing. If during the hearing, the examiner on examination feels that the Trademark must be allowed the registration, then it will proceed for publication in the Trademark Journal[1].

Step 4: Publication

The step of publication is included in the process of trademark registration so as to allow anyone who wants to raise an objection to the registering of the Trademark. If there is no opposition after 3-4 months from publication, then the Trademark shall proceed for registration.

Step 5: Registration Certificate

A registration certificate under the Trademark Office seal is issued after the trademark registration and publication in Trademark Journal,

Step 6: Renewal

The time period for renewal of Trademark is after every ten years. Hence, the brand name and logo of the registration can be protected perpetually.

Advantages of trademark registration of a brand name

The following are the advantages of trademark registration of a brand name:

Exclusive rights to use the Trademark

The owner can have the benefit of the exclusive ownership of the Trademark and has the right to stop others from unlawful use of his Trademark only when his Trademark is registered.

Builds trust and Goodwill: 

The recognised quality and class of the product and services are recognised by everyone through the Trademark of the product, which builds trust and Goodwill amid the consumers in the market. It is the reason behind creating permanent consumers who are trustworthy and always decide on the same brand.

Registered Trademark owns brand value:

The registration of the Trademark will create a brand value for the products and services of the business. Trademark registration is a process where it secures the product and service, and that itself gives it the brand value

Gives its owners legal protection:

The trademark registration of a brand name gives its owner legal protection whereby no other person can use his Trademark, and the owner can prevent anyone from the unauthorised use of his Trademark.

Ease of making advertisement and strong public relations

With the trademark registration, makes it easy for the advertisement of the product and service and thereby creates a positive impression on the public and strong relations with the customers

Creation of Asset: 

Trademark registration of brand name creates an intangible asset, i.e. it creates an Intellectual Property making it advantageous for the organisation. Registered Trademark is a creation of right created which is capable of being sold, franchised, assigned, or contracted commercially.

Use of ® symbol: 

After the registration, the business can use the ® symbol on the logo describing that it is a registered trademark, and no other person can use the same or similar Trademark. It is exclusive of all the rights as well as usages.

Protection for 10 Years at low cost: 

The registration of an Online Trademark is done at a very low maintenance cost. After the Trademark is registered, only the maintenance cost is to be paid, and the renewal cost is needed after ten years of the registration of the Trademark. Registration is a cost-efficient process and helps the company create its unique image.

Conclusion

As seen, the process of trademark registration of the brand name in India does not require effort. It is a straightforward process that is very important for securing the brand name of the company. We, at Swarit, can help you with the entire process of trademark registration within the deadlines and responses. Therefore, realise the power of brand name registration and start with the steps in protecting it today.

Read our article:Among Trademark owned by a Promoter or Company, Which One is Better?

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Kandarp Vanita has done masters in Corporate and Commercial Law from WB National University of Juridical Sciences. She has 3 yrs of experience in drafting legal documents & dissertations. Being a curious reader, she is also passionately into providing legal backups and comprehensive understandings in every aspect of Law to the firms.

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