Trade Mark

How to register a brand name or a trademark in India?

So, you own a business or want to own a business, and you are thinking if the Trademark registration India really necessary step? is it something which is just good to have for a business or a must have for a business ? well, let me ask you a question,

  1. How much time and effort you invested in your business? for your product ? or creating brand value? Did you work hard to make your business a respectable and trust worthy name in minds of your clients?
  2. How would you feel, if someone else is misusing your business name?
  3. Or You found out that the name that you are using for your business is actually registered with some other company

and Even worst case would be …

You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing already registered trademark of someone and you can not use that name for your business here after

It would be a huge loss of time, efforts and costs !!! Would you like to avoid such devastating scenarios that can hurt your businesses image? which can result in all the hard work you put in building brand name (image) of the business going waste !!!

Then you need to seriously consider protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business. If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence it is important to consider Trademark registration India

A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol.

What is a trade mark?

In simple terms, trademark is a brand or logo which represents your business

A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.

Who can apply for trademark?

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 18 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.

Functions of a trade mark are

  1. It identifies the service or product and its source
  2. It guarantees its quality
  3. helps in Advertisement of service or product

Different types of trademark

  1. A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
  2. A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
  3. alphanumeric or Letters or numerals or any combination thereof.Image, symbol, monograms, 3 dimensional shapes, letters etc.
  4. Image, symbol, monograms, 3 dimensional shapes, letters etc.
  5. Sound marks in audio forma

Documents required for filing a Trade Mark Application in India

  1. Trademark or logo copy
  2. Applicant details like name, address and nationality and for company: the state of incorporation
  3. Goods or services to register
  4. Date of first use of the trademark in India, if used by you prior to applyingrr
  5. Power of attorney to be signed by the applicant

The procedure for registering trademark in India

Step 1: trademark search

This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step

Step 2: create trademark application

Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application.

Step 3: trademark registration

  1. The Trade marks office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
  2. If it has no objection, it makes an advertisement in the Trade Marks Journal.
  3. If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
Note: objections Dependent Costs Drafting legal response to objections can be from Rs. 2000/- to Rs 5000 in order to overcome the objections and in case hearing is required, the cost per hearing would depend upon the complexity of the matter.

Steps you need to take to registration your trademark in India

  1. Select and authorize a trademark agent or attorney to represent you.
  2. The trademark attorney conducts a search.
  3. Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
  4. The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
  5. After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.

It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.