Investing time and money to build a brand only to see the same brand name used by another, attempting to rob your tireless brand reputation, is not pleasant. Many times, trademark (TM) entrepreneurs end up in litigation because they did not register their brand name as a trademark in India when the time came. The trademark registration process for a brand name as a trademark is not brutal.
In India, words, logos, numerals, slogans, devices, and other items get the trademark. Trademark registration grants the holder of the trademark legal exclusivity in the mark. However, trademark registration is a time-consuming and multi-step process. This article will go over the process of registering a trademark in India. A few simple steps, as outlined below, will provide you with the necessary legal recourse for your brand registration in India.
Many business owners underestimate the value of a trademark search. Having a particular brand name in your mind is not a sufficient reason to skip a TM search. A trademark search informs you whether any similar brands are accessible and gives an accurate reflection of where your trademark stands. It may also forewarn you of the prospect of trademark litigation. Why waste money on time-consuming trademark litigation if you can avoid it in the first place?
You can register your selected brand name or logo after ensuring it has not already been registered with the Trademark Registry India. The first step is to apply for a trademark with the Trademark Registry India. Nowadays, you can also use online portals to put in an application. Following the application submission, you will receive an official receipt for reference.
After filing a trademark application, the examiner reviews it for any discrepancies. The examination could take between 12 and 18 months. The examiner may accept the trademark unconditionally, conditionally, or objectively.
If the trademark gets accepted unconditionally, it is authored in the Trademark Journal. If not acknowledged unconditionally, the circumstances to meet or the objections raised come into play in the examination report, and you will get a month to respond to the concerns or fulfill the conditions.
The brand name is compiled in the Trademark Journal once those responses are accepted. You can request a hearing if you do not get any feedback. And you can find your trademark in the Trademark Journal if the examiner believes that your brand name is accurate and not copied from anywhere.
The publication process is included in the trademark enrollment process to ensure that anyone who devices to the trademark registration can do so. Your trademark gets registered when there are no objections within 3-4 months of publication. Similarly, the registrar holds the procedural hearing if there are against cases to your brand name.
Following publication in the Trademark Journal of the application for trademark registration, you will receive a registration certificate bearing the Trademark Office's seal.
You can renew your brand name indefinitely after every ten years. As a result, you can protect your branding or brand name licensing perpetually.
1. A brand name gets connected with your company's or product's name. The presence of a trademark enhances your product's or service's quality.
2. It fosters confidence and motivates potential customers to stick with your company.
3. A trademark is both intellectual property and an intangible asset for a company. Furthermore, the registration fee is low.
4. You will also be protected by the Trademark Act, and you can make developing your brand easier by registering your trademark online.
When applying for a trademark, you must provide the following documents:
1. What do you want to register for? A brand or a logo
2. The classes among which the trademark will be enrolled.
3. A Power of Attorney delegated to an attorney allows them to document the trademark application on your behalf.
4. You must have a registration certificate if your business is a start-up or an MSME. (In this case, the government fee is reduced by half)
5. If you used a trademark in India before applying for enrollment, you can register it starting from the date of first use. In that case, you must submit an official document as well as documents proof, such as invoices or registration certificates.
As demonstrated above, the process of trademark registration in India is simple. It is a straightforward procedure but is critical for brand name enrollment. As a result, recognize the value of your brand name enrollment and take steps to protect it today.