Updated : October 16, 2024How to Check if Your Company Name is Trademarked in India
Overview : Your Company Name is the first brand symbol your customers notice! So, protecting it is inevitable to secure and build your brand identity. In this blog, we will explore how to check brand name availability to determine if a brand name is registered in India or not, and what steps you can take to check for brand name availability in India. Avail free consultation from their trademark registration experts!
Safeguarding your brand identity is essential for a sustainable growth of your business. A unique and strong brand name can help attract a larger customer-base, build loyalty, and differentiate your brand from your other competitors.
Trademark registration is a key contributor in your brand protection and helps you protect your brand identification. A trademark can be any unique sign, symbol, or expression or their combinations that help customers or other people easily identify and distinguish your products or services from the others in the market.
With professional trademark registration, you will unlock the exclusive rights to use that mark and also have the right to take legal action against anyone infringing upon your trademark. Checking brand name availability is the prerequisite before going for trademark registration in India.
What is a Trademark?: Trademark Definition & Meaning
A Trademark is suitably defined under Section 2 of the Trademark Act of 1999. It is essentially a word, phrase, symbol, design, colour, smell, taste, sound or combination of these elements that is used to identify and distinguish the goods or services of a brand from the others. It is required to build consumer trust and confidence in a brand’s product and make it stand out among this highly competitive and dynamic business landscape.
Trademarks can be registered in a single or even in multiple classes, including goods, services, and collective marks. For instance, the trademark “Apple” is registered for various classes of goods, including computers, smartphones, and tablets, etc. The trademark “FedEx” is registered for multiple services, which mainly include package delivery and freight forwarding. The trademark “FIFA” is a collective mark that is used to identify and distinguish the goods and services of the Fédération Internationale de Football Association.
Company Name as a Trademark
A company name is way more than just a random name or label; in fact it’s a powerful name that can act as a distinctive mark of identification for your business. Learning more about the significance of your company name as a trademark and to check registered trademarks, you can not only make a strong brand identity but also lay a solid foundation for long-term success of your business or brand.
Considering the unique qualities and features of your company name, its potential to resonate with your target audience, and the lasting impression it can leave in the competitive business landscape, here’s why and how your company name can turn out to be a robust trademark for your brand:
- Distinctive Identification: A company name is the primary point of recognition as well as contact with customers. If it is totally unique and easily recognizable, it can come up as a powerful identifier of your business, which will help in setting your brand apart in the business realm.
- Easily Memorable: An easy to recall or memorable company name acts as a mnemonic device for a brand. Customers are more likely to remember and recall brands with a unique and catchy name, contributing to brands’ loyalty.
- Association with Quality: A well-chosen company name can help establish positive associations; it helps your brand link to quality, reliability and trustworthiness. Over a period of time, this association can become a valuable and indispensable part of your brand’s image.
- Market Differentiation: In a competitive & crowded marketplace, a distinctive company name serves as one of the key differentiators for your business. It helps consumers to differentiate your brand from your close competitors, support brand loyalty and repeat business.
- Consistency Across Touchpoints: Getting your company name registered under trademark ensures consistency across various touchpoints– from marketing materials to digital platforms. This uniformity aids in increasing brand recognition as well as trust to a large chunk of potential customers.
- Legal Protection: Registering your company name under Trademark Act provides you legal protection,by giving exclusive rights to use as well as defend it legally in the condition of infringement or any kind of misuse. It offers extended protection beyond the business’s geographical location, thus, beneficial in safeguarding your brand on a vast scale.
- Building Equity: As your company name gains recognition, it accumulates brand equity. This equity reflects the value your brand holds in the minds of consumers, making your company name a valuable asset.
How to Check if a Company Name is Trademarked in India?
The initial step to check if a company name is trademarked in India is to visit the official website of the Indian Trademark Registry website. Find “Trademarks” and then go to the “Related Links” on the main Menu. Search for the “Public Search Tool”. Type the company name In the search field that you want to check and the class of goods or services associated with it.
In the search results, you will see any registered trademarks that are similar to the your chosen company name entered in the search bar. Meticulously review the results and analyze it to check if any of the registered trademarks can pose a potential conflict with your selected or desired name. Pay keen attention to similar spellings, phonetic similarities, or names in related industries.
For instance, if you are planning to start a company called “The Apple Store,” you need to check if the name is trademarked already with your desired name “Apple Store”. The search results would show that the trademark “Apple Store” is registered for a variety of goods and services, which mainly includes retail stores, online stores, and e-commerce websites. This condition demonstrates that you can’t use the same name “The Apple Store” for your company, and if you do so it would likely be considered trademark infringement and you may need to face legal consequences.
What are the Consequences of Using an Already Trademarked Name
If you use a company name already trademarked, it can cause you to face serious legal and financial implications for your business. If you unknowingly infringe upon someone else’s trademark, you may face legal action which can result in costly litigation and potential damages. Additionally, it can harm your reputation and deteriorate customer trust, eventually leading to the loss of business.
For example, in 2017, the company “Apple Corps” sued the company “Apple Inc.” for trademark infringement. Apple Corps had been using the “Apple” trademark for decades to identify its music and entertainment products. Apple Inc. had only recently started using the “Apple” trademark for its computers and smartphones. The lawsuit was eventually settled, with Apple Inc. agreeing to pay Apple Corps $500 million.
| Legal Consequences of Using a Trademarked Company Name | |
|---|---|
| 1. | Risk of Litigation: Infringing on a trademark exposes your business to legal action, leading to potential litigation and financial burdens. |
| 2. | Financial Implications: Legal proceedings can result in fines, damages, and legal fees, impacting your business’s financial stability. |
| 3. | Reputation Damage: Infringing on trademarks can harm your business reputation, eroding customer trust and loyalty. |
| 4. | Business Disruption: Legal battles can disrupt normal business operations, diverting time and attention from core activities. |
| 5. | Product Recall or Rebranding: Severe cases may necessitate product recalls or rebranding efforts, incurring additional costs and operational challenges. |
What to Do If Your Company Name Is Already Trademarked?
Finding that your company name is already trademarked doesn’t have to be a crisis. Undergoing the complicated landscape of trademarked names demands a strategic approach. With the help of following steps, you can determine the situation thoughtfully, reducing potential legal consequences and securing a strong foundation for your brand.
- Consider Changing Your Name: If the trademark owner operates in a similar industry and there’s a high risk of confusion, it would be a wise move to select a different name. This proactive step can prevent legal entanglements along with ensuring a distinct brand identity for your business.
- Contact the Trademark Owner: In certain situations, contacting the trademark owner may lead to a cooperative resolution. You can explore options like obtaining permission to use a similar name or negotiating a coexistence agreement. Entering into open communication can sometimes pave the way for an amicable understanding.
- Seek Legal Advice: Consulting with intellectual property experts or trademark attorneys is crucial. They can provide tailored legal insights based on the specifics of your case. Legal professionals guide you through potential disputes, ensuring you make informed decisions that align with trademark laws and regulations. Their expertise helps navigate the complexities of trademark-related challenges, safeguarding your business’s interests.
SetIndiabiz Trademark Services: Your Trusted Partner
When it comes to trademark registration and assistance in India, SetIndiaBiz is a reliable and experienced service provider. SetIndiaBiz has a team of IPR experts who can help you with every step of the trademark registration process including how to search trademark names, or how to check brand name availability in India in order to file an application and manage your trademark portfolio.
The Indian Trademark Registry website allows you to check if a company name is trademarked by its name and the class of goods or services it is associated with. You can also search for trademarks that are similar to your company name by using the “phonetic search” option. This option allows you to search and check for registered trademarks that have similar sounds, even if they are spelled differently.
It is important to note that the Indian Trademark Registry website only lists trademarks that have been registered in India. There may be other trademarks that are similar to your company name and have either not been registered or been registered in other countries. To avoid any infringement of these names, a comprehensive trademark search is required to be conducted by a qualified and experienced trademark Attorney.
At Setindiabiz, we associate you with the best Trademark Attorneys in India who cannot only prepare a detailed search report but also advise you on the best course of action if any conflict arises. Our Trademark Search Services are cost effective and efficient to best suit your brand’s needs.
Conclusion
Safeguarding your brand identity emerges as a cornerstone for success. Following the comprehensive steps outlined in this blog to check company name availability ensures that your chosen company name remains free from trademark entanglements, establishing a robust foundation for your brand's journey. Seek expert guidance or support in the intricate realm of trademark registration!
