Updated : June 21, 2024How to Trademark a Brand Name in India – Complete Guide
Overview : In a world where brands are increasingly vying for customer attention, the uniqueness of a brand and its logo is priceless. It’s your business's first line of defence against misuse or duplication. Registering your trademark confers numerous advantages, including legal protections and enhanced brand recognition. At Setindiabiz, we offer thorough guidance and assistance to navigate the trademark registration process with ease. Read further to understand how to trademark a brand name in detail.
Establishing a distinctive brand name and logo is fundamental to defining your business’s identity. The brand name and logo – your company’s business name – are essential trademarks that help your goods and services stand out in a bustling marketplace. If you don’t secure your trademark, you risk someone else registering it. Consequently, most businesses apply for a trademark early on. In this guide, we will walk you through how to register a brand name as a trademark in India. The process involves a series of steps to be followed, beginning with searching for an available trademark to applying for it with the trademark registry, and ultimately securing a trademark certificate to ensure legal protection.
How to Register a Brand Name in India?: Stepwise Guide
Using a trademarked logo and brand name is the cornerstone of your strategy for outpacing the competition. Experts maintain that consumers are influenced by business brand names and logos, often basing their purchasing decisions on these trademarks. Trademarking a brand name not only fosters consumer trust in your brand but also serves as a valuable business asset. Here are the seven steps you must to trademark a brand name in India:
1. Formulate a Unique Brand Name and Logo
The first step to trademark a brand name and logo is to create a unique one. Your brand name and logo must be in adherence to the Trademark Act. Specific provisions which deal with registrable and non-registrable marks include Sections 9 and 11. According to these sections, your brand name and logo proposed to be trademarked must be unique, original, devoid of any commonly used terms, and definitive about the goods and services it is intended for.
2. Perform an Online Trademark Search
After having chosen a unique brand name, check whether it is already registered in the database or not. Using a name that’s already trademarked may lead to infringement issues. Avoiding trademark infringement is not only prudent but essential as it can have severe legal ramifications. Here are the various types of trademark searches you can conduct to secure your brand name.
- Database Search: The Controller General of Patents, Designs & Trademarks regulates trademark registrations in India. One can access their publicly available database to verify the availability of their chosen mark. This can be done online and involves searching for your desired brand name and logo within the database to ensure no existing or pending applications match your selections.
- Online Search Tools: Various online platforms provide trademark search tools. For example, Setindiabiz offers a free trademark search tool that is user-friendly and efficient. It provides a quick way to scan through registered and pending trademarks.
- Hiring a Trademark Attorney or Professional Service: Engaging the services of a trademark attorney or a professional firm such as Setindiabiz’s expert team is often the most thorough and reliable method. These professionals have specialized knowledge and experience in conducting exhaustive trademark searches, covering all possible classes and subclasses of goods and services. They can provide a comprehensive report that outlines potential risks and conflicts, giving you an informed basis for your decision.
While the first two methods can be conducted free of cost, hiring a trademark attorney or professional service comes with a fee. However, the investment is well-justified given the intricate nature of trademark searches and the potential legal implications of overlooking existing trademarks.
Investing in a trademark attorney’s expertise is especially recommended for several reasons. They possess in-depth knowledge of trademark laws and database search techniques, ensuring a thorough search process. Their experience allows them to interpret search results correctly, highlighting potential conflicts that untrained individuals might overlook.
Moreover, they can provide guidance on your application process, offering advice on how best to describe your goods and services, thereby increasing the likelihood of a successful registration. They can also assist you in the event of objections or opposition to your trademark application, making the process smoother and less stressful. By using Setindiabiz’s trademark registration service, you can benefit from the expert team’s insights and experience, significantly reducing the chances of facing trademark infringement issues and increasing your chances of successfully registering your brand name and logo.
3. Submit the Trademark Application
The next step is to file an application to trademark a brand name and logo. You can either manually file your trademark registration application or opt for e-filing. For manual filing, submit your form in person at any trademark registry office and receive your acknowledgment within 15-20 days. E-filing is more convenient, with almost immediate application acknowledgment. The cost of trademark registration may vary depending on the mode of filing.
4. Examination of Trademark Application
Once your trademark application is submitted, it enters a phase of rigorous scrutiny by the Registrar. This examination process is essential to maintain the sanctity of the trademark system by ensuring that every new trademark is unique and does not infringe upon existing or pending trademarks. Here’s the checklist for a successful and seamless Trademark Examination process:
- Uniqueness of Mark: During this examination, the Registrar delves into the specifics of your application, meticulously verifying the distinctiveness of your brand name. The Registrar checks your proposed trademark against a vast database of existing and pending applications. This is a thorough process, considering trademarks across all 45 classes of goods and services.
- Legal Validity: Apart from the uniqueness of your brand name, the Registrar also verifies the legality of your application. This involves assessing whether your application adheres to the stringent trademark laws of India. This evaluation includes, but is not limited to, checking the correctness of the documentation, ensuring the applicability of your chosen class of goods or services, and evaluating the distinctiveness of the mark in its chosen industry.
- Examination Report: If, during this examination, the Registrar finds any conflicts or legal non-compliance, they raise objections to your application. These objections are communicated through an Examination Report, which you receive typically within one month from the date of filing the application.
- Reply to Examination Report: Once the Examination Report is received, you must respond to each of the objections within a 30-day period. This response, also known as a trademark objection reply, is a legal document that argues against the objections raised by the Registrar, presenting evidence and legal precedents to support your claim.
- Publication or Show Cause Hearing: If the reply is satisfactory and addresses all the objections, the application moves to the next step, which is publication in the Indian Trade Mark Journal. If the Registrar is not satisfied with the response, a hearing may be scheduled where you, or your attorney, can present your case.
- Setindiabiz Service: Engaging the services of a trademark attorney or professional service for this step can be particularly advantageous. Their expertise can be crucial in drafting a persuasive response to objections, improving the chances of your application moving forward to the publication stage.
5. Show Cause Hearing in Trademark Registration
A show cause hearing is typically scheduled if the objections raised by the Registrar during the examination of your trademark application are not satisfactorily addressed in your written response. Here are important points to consider. This hearing is a vital opportunity to present your case, argue against the objections raised, and convince the Registrar of the validity of your trademark application. It is essentially your chance to “show cause” why your proposed brand name and logo should be accepted and registered as a trademark. Here’s a brief outline of what happens during a show cause hearing:
- Notification: You will receive a notice from the Registrar’s office detailing the date and time of the hearing. This notice usually arrives a few weeks before the scheduled hearing, giving you ample time to prepare.
- Preparation: Preparing for a show cause hearing involves gathering all relevant documents, data, and arguments to support your case. An experienced trademark attorney can help organize your case effectively and develop compelling arguments to counter the Registrar’s objections.
- Presentation: During the hearing, you or your representative will present your case to the Registrar. This presentation can include verbal arguments, showcasing evidence, and citing legal precedents that bolster your case. It is essential to present your arguments concisely, logically, and persuasively.
- Registrar’s Decision: After hearing your case, the Registrar will make a decision. If the Registrar is convinced by your arguments, they may retract their objections, and your application will proceed to the publication stage. If the objections persist, the Registrar may refuse the application or request further evidence.
- Possible Outcomes: If the hearing concludes in your favour, your trademark application advances to the next stage, which is the publication in the Indian Trade Mark Journal. If your application is refused, you can appeal the decision.
Show cause hearings can be quite complex and challenging due to their legal nature. Hence, it is strongly recommended to engage a knowledgeable and experienced trademark attorney to represent you during this crucial step. With their expertise and understanding of trademark law, they can improve your chances of successfully navigating the show cause hearing.
6. Publication in the Indian Trade Mark Journal
Once all objections are addressed, the brand name and logo are published in the Indian Trade Mark Journal. This journal is a public document, and any third party viewing it can oppose a trademark on valid grounds of concern. Assuming no opposition arises within 120 days, the department will trademark a brand name without hindrance or hesitation. However, if a third-party opposition arises, a written response must be provided with proof of prior claim.
7. Issue of the Trademark Registration Certificate
If no opposition emerges within the stipulated time, the departments will trademark a brand name and logo to grant official protection. As a consequence, the applicant will obtain a trademark registration certificate bearing the trademark registry seal to conclusively prove its legal validity.
This entire process, from applying for brand name registration to receiving a trademark certificate for the same, typically takes around 6-9 months. Your trademark registration for the brand name and logo remains valid for 10 years. Before the expiry of Trademark Registration, the process for trademark renewal is initiated. These processes can be intricate, so you can avail our streamlined trademark services for better results.
Conclusion
Safeguarding your brand's identity through the meticulous process of trademark registration is paramount in today's competitive business landscape. By understanding how to register a brand name and logo in India, you not only secure its legal protection but also elevate its credibility and recognition in the market. The issuance of Trademark Registration Certificate after you complete the process to trademark a brand name helps gain official recognition and protection for a decade. Whether you're a startup or an established business, investing in trademarking your brand is a strategic move that we can expertly guide you through, providing valuable assistance at every step.
