Register Brand Name with Ease - Protect Your Business Identity Today
Protect your brand’s identity with professional trademark registration services. Protect your business from competitors and build trust with customers by registering your brand name quickly and hassle-free. Register Brand Name today!
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
How to Register Brand Name: A Complete Guide
Your brand is more than just a name—it’s your business’s identity in the marketplace. It differentiates you from competitors and represents your reputation. However, without legal protection, your brand could be vulnerable to theft or imitation. That’s where registering a trademark comes in. Trademarking your brand name provides you with legal rights and ensures that no one else can use your brand to mislead or confuse customers.
What is a Trademark?
A trademark is a symbol, word, phrase, or design that identifies and distinguishes the source of goods or services from one business to another. It can be anything from your company’s logo to your business name or even a slogan. Essentially, a trademark acts as a protective shield, preventing others from using your brand’s identity without permission.
Examples of Trademark Types:
- Word Mark: A trademark that consists only of words, like “Nike.”
- Design Mark: A logo or image associated with a brand, such as Apple’s iconic logo.
- Combination Mark: A blend of text and images, like McDonald’s name combined with the golden arches
Why Trademarking Your Brand is Important
Trademarking your brand name is crucial for several reasons:
- Protection: Register brand name gives you exclusive rights to use your brand name, logo, or slogan, protecting your business from copycats and counterfeiters.
- Legal Security: If another company tries to use a name or logo similar to yours, having a trademark allows you to take legal action.
- Building Trust: A registered trademark shows customers that you are serious about your business, increasing brand loyalty and trust.
- Asset Value: Over time, a strong brand becomes an asset that increases in value. A registered trademark can enhance your business’s worth in the eyes of investors or potential buyers.
Brand Name vs. Trademark: What’s the Difference?
While the terms “brand name” and “trademark” are often used interchangeably, they serve different functions.
- Brand Name: This is the name your business operates under. It’s how your customers recognize your company in the marketplace.
- Trademark: A trademark legally protects your brand name or logo, ensuring no one else can use it without your permission.
In short, your brand name is what you’re known by, and a trademark is the legal means to protect that identity.
Trademark or 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.
International Trademark Registration
If your business operates internationally, you may want to consider registering your trademark in other countries. The Madrid Protocol allows businesses to file trademarks in multiple countries with a single application.
Trademarking your brand name is a critical step in protecting your business’s identity and ensuring long-term success. By following the steps outlined above, you can safeguard your brand from imitators and build trust with your customers. Don’t wait—take the first step toward registering your trademark today!
Protect Your Brand Before its get copied. Consult our Trademark Attorney Today!
Frequently asked questions (FAQs)
1. What is a Trademark?
A trademark (or brand name) is a unique symbol, word, or phrase used to identify and distinguish your goods or services from others.
2. How Do I Register a Trademark Name?
Follow these steps: conduct a trademark search, prepare your application, file it with the relevant authority, and respond to any objections.
3. What Are the Benefits of Registering a Trademark?
Registering a trademark provides legal protection, prevents others from using your brand name, and enhances your brand’s credibility.
4. How Long Does Trademark Registration Take?
The process typically takes 6-12 months, depending on the complexity and any objections raised during examination.
5. Can I Register a Business Name as a Trademark?
Yes, you can register a business name as a trademark if it meets the criteria for distinctiveness and is not already in use.
6. What Are the Common Mistakes to Avoid During Trademark Registration?
Ensure your trademark is unique, avoid descriptive or generic terms, and provide accurate and complete information in your application.
7. How Much Does It Cost to Register a Trademark?
The cost varies depending on the jurisdiction and the number of classes of goods/services you want to register.
8. How Can I Check the Status of My Trademark Application?
You can track your application status online through the official trademark office website using your application number.
9. Can I register brand name without a logo?
Yes, you can register just the brand name without a logo. This is known as a “word mark” and protects the name itself, regardless of how it is stylized or presented.
10. How long does it take to register a trademark?
The trademark registration process can take anywhere from 6 months to over a year, depending on the jurisdiction and whether any objections are raised.
11. What happens if my trademark application is rejected?
If your application is rejected, you will receive an explanation, and you may have the opportunity to appeal the decision or make modifications to your application.
12. Can I trademark a business name internationally?
Yes, but you must file separate applications in each country or region where you want protection, or you can use international systems like the Madrid Protocol for multiple countries.
13. How long does a trademark last?
A registered trademark typically lasts 10 years, but it can be renewed indefinitely as long as you continue to use it.