How to register a brand name in India
It takes a lot of work to come up with a great brand name. But what prevents another business from using it? Nothing actually, unless the brand name has been registered. It is essential for owners of small and medium enterprises to register their brand name.
Years of work go into establishing a brand. Let us say you manufacture shirts and have spent a few years making a reputation. Now someone else makes a shirt with the same brand name and logo to cash in on your reputation. The only way to protect yourself is through registration of trademark and brand name.
Trademark registration of a brand name and logo prevents others from stealing your property. Registration gives you ownership of the brand. Many things can be part of trademark registration in India. It includes symbols, designs, numbers, words, colour combination, and many more.
Process of brand name registration.
It can be done in the following way –
Logo registration is one of the most popular ways to protect your brand and business identity in India. It allows you to use the TM symbol. Moreover if without your permission anyone misuses it you can sue them for damages.
Trademark and brand name gives a unique identity to a business. Conduct a free trademark search to find if any other company or business is using the same trademark that you propose to use. Trademark registration search allows you to have a brand name or logo that is uniquely your own.
The online database at ipindia has records of all logos in use as well as details such as date of registration, class of goods for which they have been registered and so on.
Online trademark registration is now possible on the website of ipindia. The procedure of trademark registration has become highly simplified in the past decade, allowing a large number of companies to seek to protect their intellectual property easily.
Examination of application
Following the filing of trademark registration, the trademark registration status can be known from the website. The registrar will check the application for any conflict of interest with other parties. He will also check if the request is unique enough to be granted the status of a trademark. If the applied for trademark satisfies all these conditions, the registrar approves it for publication in the trademark journal. Otherwise, he raises an objection.
Publication on trademark journal
If the registrar is satisfied with the application and reply to the objections raised, he will publish the same in the trademark journal issued every week. For four months, an objection can be filed by any person or business against a trademark.
In case of no opposition, the trademark registration is granted. The task is best carried out by a lawyer who specializes in intellectual property. The entire procedure may take 18 months to 2 years to be completed. However, renewal is easier, and the cost of registration is very negligible, considering the huge advantages. For any business that is absolutely at the start of the curve, it is not needed, but somewhere down the line, it becomes required to go through the process of registration.