Brand Name Registration In India
Register your brand name in India today to secure exclusive rights, enhance credibility, and prevent unauthorized use. Our streamlined process ensures quick and hassle-free brand name registration in India, ensuring legal protection for your business identity.
Pricing Summary
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
- Trademark Availability Search
- Trademark Registration Under One Class
- Order Online
- Submit your Documents
- Get Filed Documents within 24hrs
Brand Name Registration In India: Overview
Brand name registration in India is a crucial step for businesses to safeguard their identity and secure exclusive rights to their brand, thereby distinguishing their products or services from competitors.
Brand Name Registration Benefits:
Registering a brand name in India offers several advantages:
- Legal Protection: Prevents others from using a similar brand name.
- Exclusive Rights: Grants the owner exclusive rights to use the brand name.
- Brand Recognition: Enhances the brand’s credibility and market presence.
- Asset Creation: A registered brand name becomes an intangible asset that can be sold, licensed, or franchised.
Legal Framework of Brand Name Registration in India
Trade Marks Act, 1999: The Trade Marks Act of 1999 is the primary legislation governing trademark registration in India. It sets out a comprehensive legal framework for trademark registration, protection, and enforcement. The Act complies with international standards and conventions, providing strong protection for brand owners.
Trade Marks Rules, 2017: These rules supplement the Trade Marks Act, 1999, by outlining the procedures and requirements for trademark registration. They address topics such as application processes, fees, and handling objections and oppositions.
Key Provisions:
• Distinctiveness: A trademark must be distinctive enough to distinguish one entity’s goods or services from those of others. Generic or descriptive trademarks are typically not eligible for registration.
• Priority: The principle of priority confers exclusive rights on the first person to use a trademark in relation to a specific product or service.
• Infringement: Infringement is the unauthorized use of a registered trademark in connection with identical or similar goods or services. The Act allows trademark owners to take legal action against infringers.
Brand Name Registration fees
Apply for Trademark Registration
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
- Trademark Availability Search
- Drafting of User Affidavit
- Filing of Trademark Application
Steps to Register a Brand Name
Step -1 Conduct a Trademark Search:
Conducting a trademark search is a crucial step before registering your brand name to ensure it is unique and not already in use. Here’s how you can do it:
1. Visit the Trademark Registry’s Website: Go to the IP India website.
2. Navigate to the Public Search Tool: Click on the “Trademarks” tab on the homepage and Select “Public Search” from the related links1.
3. Choose the Search Criteria:
- Wordmark: Search by the brand name.
- Vienna Code: For logo or image-based trademarks.
- Phonetic: Search for phonetically similar trademarks2.
4. Enter the Relevant Details: Input the trademark name or logo and Select the appropriate class of goods or services (there are 45 classes to choose from).
5. Review the Results: Check the search results for any similar or identical trademarks. and Ensure that your brand name is unique to avoid potential conflicts .
Conducting a thorough trademark search helps minimize the risk of rejection and legal issues
Step -2 Trademark Application Filing:
- Online Portal Registration: Visit IP India website and create an account. and Fill out Form TM-A.
- Details Required: Applicant Information, Trademark Details, Class Selection, and Description.
- Supporting Documents: Power of Attorney and Priority Document.
- Application Fees: Fee structure varies based on applicant type and class selection.
- Submission: Review, submit, and note the acknowledgement number.
- Acknowledgment and Receipt: Receive an acknowledgement receipt with the application number.
- Tracking: Use the application number to track the status of your trademark application online.
Step - 3 Examination of a Trademark:
After you file a trademark application, it undergoes a thorough examination by an examiner from the Indian Trademark Office. Here’s what happens during this process:
1. Initial Review:
◦ Compliance Check: The examiner checks if the application complies with all legal and procedural requirements.
◦ Distinctiveness: The trademark must be distinctive and not similar to existing trademarks.
2. Grounds for Objection:
◦ Section 9: The examiner may object if the trademark is descriptive, lacks distinctiveness, or is deceptive.
◦ Section 11: Objections may also arise if the trademark is similar to an existing one, leading to potential confusion.
3. Examination Report:
◦ Issuance: If there are any objections, the examiner issues an examination report detailing the reasons.
◦ Response: The applicant must respond to the objections within a specified period, usually one month.
4. Hearing: If the objections are not resolved through written responses, a hearing may be scheduled where the applicant can present their case.
5. Acceptance or Rejection:
◦ Acceptance: If the objections are resolved, the trademark is accepted and published in the Trademark Journal for public opposition.
◦ Rejection: If the objections are not satisfactorily addressed, the application may be rejected.
Step - 4 Publication in the Trademark Journal:
- Public Notice: If the application passes the examination, the trademark is published in the Trademark Journal.
- Opposition Period: There is a four-month period during which third parties can oppose the registration.
Step - 5 Registration and Certification:
- No Opposition: If there are no oppositions, or if oppositions are resolved in favor of the applicant, the trademark is registered.
- Certificate Issuance: The applicant receives a registration certificate, granting them exclusive rights to the trademark.
Common Reasons for Trademark Rejection
1. Likelihood of Confusion
- Similarity: If the proposed trademark is similar to an existing registered trademark, it may cause confusion among consumers.
- Related Goods/Services: Even if the marks are not identical, the application may be rejected if they are used for related goods or services.
2. Descriptiveness
- Merely Descriptive: Trademarks that describe the goods or services directly (e.g., “Fast Food” for a restaurant) are usually not registrable.
- Deceptively Misdescriptive: If the trademark misleads consumers about the nature or quality of the goods or services, it can be rejected.
3. Geographical Terms
- Geographically Descriptive: Trademarks that primarily describe a geographic location (e.g., “India Wines”) are often rejected.
- Geographically Deceptively Misdescriptive: If the trademark suggests a false geographic origin, it can be grounds for rejection.
4. Offensive Content
Trademarks that contain scandalous, disparaging, or immoral content are not registrable.
5. Surnames
Trademarks primarily just a surname (e.g., “Agarwal”) can be rejected unless they have acquired distinctiveness.
6. Ornamentation
Decorative Use: If the trademark is used merely as decoration and does not function as a brand identifier, it may be rejected.
Frequently Asked Questions (FAQ)
A trademark is a symbol, word, or phrase legally registered or established by use as representing a company or product.
Registering your brand name provides legal protection, exclusive rights, and enhances brand credibility and recognition. egistering your brand name provides legal protection, exclusive rights, and enhances brand credibility and recognition.
The process can take anywhere from 6 months to 2 years, depending on various factors such as objections and oppositions.
Yes, you can use the ™ symbol to indicate that you have applied for trademark registration.
You will need to respond to the opposition with evidence and arguments supporting your application. If the opposition is resolved in your favor, the trademark will proceed to registration.
A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.
The ™ symbol indicates that you claim rights to the trademark, while the ® symbol indicates that the trademark is registered.
Yes, you can register a logo as a trademark. It is advisable to conduct a trademark search to ensure its uniqueness.
You can take legal action against the infringer, including sending cease and desist letters and filing lawsuits.
Yes, through the Madrid Protocol, you can register your trademark in multiple countries with a single application.
