Trademark or brand name registration

So, you own a business or want to own a business, and you are thinking about whether Trademark registration is really a necessary step. is it something that is just good to have for a business or a must-have for a business? well, let me ask you a question,

How much time and effort have you invested in your business? for your product? or creating brand value? Did you work hard to make your company a respectable and trustworthy name in the minds of your clients?
How would you feel, if someone else is misusing your business name? or you found out that the name that you are using for your business is actually registered with some other company and Even the worst case would be …

You work on your business for so many years to build brand and loyalty in the client’s mind and you find out you are infringing the already registered trademark of someone and you can not use that name for your business hereafter

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

Then you need to seriously consider protecting your business name, identity, brand, logo, image, etc. This is achieved by registering a 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.

how to register a brand name or a trademark in 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 trademark?

A trademark is a visual symbol like a word signature, name, device, label, numerals, or combination of colors used by the 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 label, tagline, or a combination of these is 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 its competitors.

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

Example of trademarks:

Coca-cola and Pepsi are two trademarks from the same industry (beverages) which distinctly identify the source or origin of the goods as well as an indication of quality.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which an application for registration has been made, cannot be registered. Also, a trademark that would likely cause deception or confusion or is offensive may not be registered.

Who can apply for a trademark?

Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.

functions of a trademark are:

• It identifies the service or product and its source
• It guarantees its quality
• helps in the Advertisement of service or product

different types of trademarks:

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

Documents required for filing a Trademark Application in India:

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

Procedure for registering a trademark in India

Step 1: Trademark search

(time: about 4 hours) Cost: Rs. 0 to ₹ 500

This search is to check whether your business name or logo is similar to other already registered trademarks. Generally, the 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 searches done. Once found to be unique you can proceed to the next step

Step 2: Create a trademark application

(time required: 2-3 days)

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

Step 3: Trademark registration

(time 8 to 24 months)

Cost: Government fees are ₹ 4,500/- or (USD 54) in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases) and trademark attorney professional fees is ₹ 5000/- or (USD 60) per application per class.

• The Trademarks Office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
• If it has no objection, it makes an advertisement in the Trade Marks Journal.
• If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.

Note: drafting a legal response to objections can be ₹ 5000 in order to overcome the objections and in case a hearing is required, the cost per hearing would be ₹ 5000+ depend upon the complexity of the matter.

Steps you need to take to register your trademark in India:

• Select and authorize a trademark agent or attorney to represent you.
• The trademark attorney conducts a search.
• 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.
• The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
• 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 8 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. Your trademark is published in the Trademark Journal.

Why you need to consider registering a trademark for your business

• Even the biggest businesses like Coca-Cola, Siemens, and Apple protect their business by means of a trademark.
• The trademark would be an important asset for your business and contribute to the goodwill generated.
• With a registered trademark, you can stop others from using your trademarked business name/logo with regard to goods or services it is registered
• Trademark can be considered just like any other form of an asset like real estate, as it can be sold, licensed, or assigned
• It guarantees the identity of the origin of goods and services.
• It stimulates further purchases.
• It serves as a badge of loyalty and affiliation.
• It may enable the consumer to make a lifestyle or fashion statement.

Why trademark registration is an important step in starting a new business in India

Trademark registration is a crucial step when starting a new business in India because it offers essential benefits and protections for your brand. Here’s why it’s so important in simple terms:

1. Exclusive Identity: Trademark registration gives your business an exclusive identity. It means no one else can use the same or a similar name or logo for similar products or services. This helps avoid confusion among customers and ensures that your brand stands out.
2. Legal Protection: With a registered trademark, you have legal protection. If someone tries to copy or use your brand without permission, you can take legal action against them. This helps prevent others from stealing or benefiting from your hard work.
3. Customer Trust: A registered trademark builds customer trust. When people see your brand with a registered trademark, they feel more confident about your products or services’ quality and credibility. It gives a professional image to your business.
4. Business Asset: Your trademark becomes a valuable asset for your business. As your brand grows in popularity, the trademark’s value increases, and you can even sell or license it to others, adding to your business’s worth.
5. Market Expansion: Trademark registration allows you to expand your business across India. It gives you the right to use the same brand name in different states without any conflict.
6. Prevents Copycats: Registering a trademark acts as a deterrent to copycats. It stops others from trying to imitate your brand to gain customers or harm your reputation.
7. Online Presence: In the digital age, having a registered trademark helps protect your online presence. It prevents others from using your brand on the internet and social media platforms.
8. Easy to Defend: If any dispute arises regarding your brand, having a registered trademark makes it easier to defend your rights in court. It gives you a stronger position in legal battles.
9. Long-lasting Protection: Once registered, a trademark can last indefinitely as long as you renew it on time. This ensures long-term protection for your brand and the efforts you put into building it.
10. Peace of Mind: Overall, trademark registration provides peace of mind. It secures your brand’s future and allows you to focus on growing your business without worrying about someone else stealing or misusing your brand.

In conclusion, trademark registration is essential when starting a new business in India because it protects your brand, helps you stand out in the market, and ensures long-term success and growth. It’s a valuable investment that benefits your business in many ways.

Cost for Trademark Registration in India

The Cost for Trademark Filing in India is 8000/- in the case of Individual/ Startup/ Small Enterprise and 12,500/- in all other cases.

Once the Trademark is accepted and published in the official journal, it is open for opposition for 4 months by the third party. In case it is opposed, we will have to go through a separate procedure for which there would be additional charges depending on the facts of the cases.

How to proceed with Trademark/brand registration?

We conduct a free-of-cost search for a brand name and Rs 1000 for a logo to check if it is available for registration:

We need following things for you to get started with the search :

• Name of the Applicant(s):
• Nationality:
• Full Business Address with Pin Code:
• Name of the Business/Company:
• Business Type: (e.g., Merchant, Manufacturer, Trader, Exporter, Service Provider, etc. – or a combination of these)
• Designation of the Applicant: (e.g., Director, Proprietor, Partner, etc.) Note: If there are multiple partners or directors, each individual should complete a separate form.
• Word Mark in Text:
• For logos or labels, please attach a soft copy of the logo/symbol in JPEG format, ideally 8×8 cm.
• Date from Which Brand/Mark/Logo is Used (DD/MM/YYYY):
• Proof of use will be required prior to publication.
• Trademark Class: If unsure, you may leave this field blank or consult the official trademark classification list.
• Description of Goods & Services: Please provide a concise description of your goods and services (up to 500 characters).

In this search, we check if your brand name/logo has any similarity with already existing marks or if we are going to get any objections. The report we share would help in understanding the chances of getting a trademark for your brand name/logo and if we might receive any objections.

Upon reviewing the Search report, you may make a decision on whether to proceed with filing a trademark application. Once we file the trademark within 1-2 days you may start using the TM symbol and after receiving a certificate you can use the ® symbol.

You may schedule a short call with us by writing your name, email and contact number along with a single line about your requirement and you will get an automated email response from us on your email instantly along with required information, videos, and required documents in attachment.

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Prasad Karhad

Founder & Director at Patent Attorney Worldwide Private Limited

- Registered Patent Agent (IN/PA 2352),
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.

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