Trademark Registration

How can you Apply for a Brand Name in India?

apply for a brand name in India
Japsanjam Kaur Wadhera
| Updated: Dec 07, 2020 | Category: Trademark

A trademark for a brand is as necessary as introducing a brand in the market. Getting a brand registered provides protection to your brand and ensures to build goodwill for your business. Registered Trademark also generates revenue. But the question that arises is, how can you apply for a brand name in India? What are the procedures and steps to get your brand registered? 

Through this blog post, all the answers to these questions shall be discussed.

What do you mean by Trademark?

Trademark means a word, design, logo, symbol etc which gives a distinctive identity to your brand. Getting a trademark for your brands helps to set standards for your products and build trust for the consumers. The brand becomes more established and well known.

Why is it important to get your Brand Registered?

To protect your trademark it is necessary to get the mark registered with the Trademarks Office. The registered Trademark holder gets to enjoy the rights to be protected from any infringement by the others.  A registered mark holder gets many benefits from getting his mark registered.

Different ways to apply for a Brand Name in India?

To apply for a brand name, one must follow the procedures mentioned below:

Ways to apply for brand name

Step 1: Search for a unique Brand name

A brand name which is unique easily comes into the attention of the people. It helps to attract the people for its uniqueness. Therefore, one must explore a brand which has no similar appearance to or qualities in common with the other brands in the market.

Step 2: Fill a Trademark Application

A trademark application must be filled by the applicant once a brand name is chosen. The Form TM-1 under the Indian Trademarks Act[1] has to be filled by the application to proceed for registration.

Step 3:  File a Trademark Application

To continue with the procedure for registration, the application filled by the applicant must be filed with the registrar either on the website of the Trademarks office or in person or post.

Step 4: Trademark Examination Officer to examine the application

Once the application is submitted by the applicant, an examination officer is appointed by the Trademarks registry, to examine it. The Examination officer upon his satisfaction may either, accept the application and allow it to publish it in the Trademarks Journal or if he is unsatisfied with the application, he may raise an object and refuse to proceed with it.

A refusal order under the examination report shall be issued to the applicant in case of refusal along with grounds mentioned with it.  Later the applicant shall be given a period of 30 days to file a reply in response to the examination report as to why his trademark has a distinctive identity and should be registered under the act.

Step 5: Publication in the Trademark Journals

The Examination office upon his satisfaction, accept the application and allow it to publish it in the Trademark Journals. If no opposition is raised by any person within a period of 3 months from the date of the publication, the application will proceed to acceptance for registration.

Step 6: Issue Trademark Registration Certificate

When no opposition is raised by anyone within a period of 3 months, the registrar shall accept the trademark application. And a certificate of Trademark registration online shall be issued under the seal of trademarks registry.

What are the documents required to apply for a brand name?

To apply for a brand name with the registry of trademark, all the necessary documents such as application form, id proof along with the details such as companies’ name, your name, address, and trademark entity documents supported with an Affidavit must be submitted.

Time period to protect a Registered Trademark

Once the trademark is registered within 1 or 2 years it is valid for a period of 10 years from the date of the issuance of the certificate. And can be renewed after the end of 10 years on the payment of the prescribed trademark renewal fees.

Conclusion

Trademark registration is very necessary for a business to make a face value in the market. If a company apply for a brand name in India, it gets all the protection rights under the Trademarks act. Putting time and effort in building a brand needs protection from being copied by the others. It defines the standard of quality that is being offered to consumers.

The consumers can trust a certain brand and become a loyal customer of it. It guarantees the identity of the goods and services and therefore applying for a trademark gives your brands the advantages in the business.

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Japsanjam Kaur Wadhera

Japsanjam Kaur Wadhera is an Advocate and has completed her BA.LLB (Hons) and has experience of writing various research papers during her college time. Earlier she was working as an Associate Advocate in a reputed Law Firm. She has an extreme interest in writing legal content and her core area falls under legal enactments, tax and finance.

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