In India, the process of registering a brand name for providing legal protection to that intellectual property is a multistep process. It’s not a thing that can just be done at will, it needs a lot of planning and then it has to be done according to a set of rules. If you register your brand name, then it means that you can avoid people from using the name without seeking your permission. This protects your brand image, generates consumers, and improves your company’s utility. The change of a publicly held company to a privately held company is another excellent business strategy that has the potential of reshaping the business and bring more control to business operations similarly to how gaining a trade mark strengthens the positions of a brand in the market.

What is Brand Registration?

Brand registration is the legal step in getting a brand name, logo, or symbol to be protected from being used by other people. It is more or less a means of safeguarding your idea, logo, name, sign or symbol from imitation by others.

That way, when you register your brand, you set up parameters and put up a shield against anyone who wants to use it without permission. This is ideal for creating brand familiarity, customer loyalty and hence value of the business. Irrespective of the type of business you run as OPC vs Private Limited Company, legal protection of brand guarantees its exclusive and distinct status within the market.

Key benefits of brand registration include:

• Exclusive ownership

• Legal protection

• Enhanced brand reputation

• Increased business value

• Features of company

Difference between: Trademark & Brand name

Brand Name

• Brand name is the special name that is assigned to a specific product or service.

• It is one of those sub-branding strategies, which are common nowadays.

• It can be protected by way of using trademark legislation.

Trademark

• Trademark also transforms into the legal right granted to brand name or logo or symbol or in fact, any blend of the three.

• Exclusive rights are actually one of the benefits that people get once they register their trademark.

• It gives legal consideration towards that which maybe copyrighted or patented by any business or individual.

Preparations for Brand Name Registration in India

1. Trademark Search:

• Conduct a thorough search: Before you decide on the correct brand name to use for your product, make sure it is non-tangible and doesn’t infringe on any trademark.

• Online resources: Try from the official website of IP India or hire services of professionals for the work.

• Identify potential conflicts: There will always be instances where names or logos may be roughly similar, so this is something that must be avoided.

2. Choose Trademark Classes:

• Classify your goods or services: Select the right codes from the Nice Classification.

• Accurate classification: It is held paramount that proper classification of your trademark is indispensable to the overall protection accorded.

3. Prepare Necessary Documents:

• Gather essential information: Retrieve information as to the applicant, trademark, and the goods or services.

• Trademark representation: Take a picture or draw a sketch of the name or logo of your brand.

• Power of Attorney: In case of representation preparation of power of attorney is necessary.

4. Choose a Registration Method:

• Online filing: It can easily be accessed through the IP India website for easier process.

• Professional assistance: Consulting with a trademark attorney might also be useful on this issue.

5. Understand Costs:

• Government fees: Take note of the government fees in as far as trademark registration is concerned.

• Professional fees: It is also important if you are hiring a trademark agent to also consider his or her charges.

Requirements for Trademark/Brand Name in India

Registering a brand name in India involves several key steps:

1. Trademark Search

• It is necessary to make a broad search in order to be sure that the given brand name is free from occupation by other companies.

• Visit the IP India website or take help of a trademark attorney if needed.

2. Choose Trademark Classes

• Classify your goods and services falling into the relevant classes following the Nice Classification system.

• Misclassification makes it difficult for your trademark to be protected.

3. Prepare Necessary Documents

• Accumulate basic data of the applicant for registration of a trademark and the products and sevices to be protected by the trademark.

• The trademark office requires you to provide a picture in order to determine the non similarity of your mark.

• When appointing an agent power of attorney should be drafted for the same.

4. Filing of the trademark application

• You can either submit the application online through the IP India website or manually.

  • The government charges some fees that you must pay as well as some other fees that might be needed.

5. Examination Process

• The trademark office analyses your application under the laws of trademarks.

• Deal with anything that the examiner is bound to object to.

6. Publication

• After registration if approved your trademark gets published in the trademark Journal for opposition.

7. Registration

• Were there no opposition or where the opposition is uncordinated you are issued with a trademark registration certificate.

Remember:

• The whole process could, therefore, take several months to complete.

• Registration officers can manage challenges, enhance the possibilities of successful registration and may also continue to support.

• Maintenance of the trademark is needed as is its renewal from time to time.
   

Disclaimer

The information provided in this blog is purely for general informational purposes only. While every effort has been made to ensure the accuracy, reliability and completeness of the content presented, we make no representations or warranties of any kind, express or implied, for the same. 

We expressly disclaim any and all liability for any loss, damage or injury arising from or in connection with the use of or reliance on this information. This includes, but is not limited to, any direct, indirect, incidental, consequential or punitive damage.

Further, we reserve the right to make changes to the content at any time without prior notice. For specific advice tailored to your situation, we request you to get in touch with us.