Brand Name Registration in India

Last updated on October 1st, 2024 at 11:55 am

Overview

In this competitive market, protecting your brand and brand name is very important for its growth and success. The brand name is very important for any business.

As it is the identity of the business, and any business or company is known by its brand name. So Brand Name Registration in India is significant because it protects brand identity and brand name.

Table of Contents

What is Brand Registration?

It is a process of registering a brand name under the Trademark Act, of 1999. Provides legal protection to brand name owners. It differentiates one brand of goods and services from another.

After the Trademark registration, the owner gets all the legal rights to use the trademark and can also take legal action against infringement and sue them.

Advantages of Brand Name Registration

It provides legal rights and sole authority to use the brand.
It helps in increasing the brand value.
It helps in protecting business goodwill and maintaining business reputation.
This provides legal rights to the brand name owners.
It makes it easier to create advertisements and also builds strong public relations.

Reasons to Trademark a Brand Name

After getting your TM register, you can prevent others from using the same or similar logo and brand name.
You can also sell, transfer, and assign your trademark.
This provides extra legal protection to the trademark owner.
It prevents your brand name from being infringed.

Documents Required For a Trademark a Brand Name

Candidate’s name
Name of Brand/logo/slogan
Registration address
Signed Form-48/ Power of Attorney (TM-48)
ID and address proof of the signatory
Business proof
Udyog Aadhar/MSME registration certificate (optional)

The Procedure of Brand Name Registration

Trademark search: Firstly, do a trademark search to find out if there is any other trademark already register similar to your chosen brand name. There are two ways to search for a trademark, one offline and the other online. For the correct trademark search, it is advisable to do a trademark search using both methods.

Class and document search: The next step is choosing the appropriate class for your brand.

Filing of trademark application: next, fill out the application form for registration. After trademark search and choosing the relevant class for your brand. You fill out the application form with the supporting required documents for registration of your brand name in the trademark registry office.

Then you have to pay application fees. After filling out the application form, the trademark department reviews the application to ensure that it completes all the requirements. Then the application goes for examination. In this stage, the examiner checks the application form and ensures that it will be correct according to the law, and then it will be publish in a trademark journal for 4 months.

This publication is made with the objective that if any third party has any objection to this trademark registration, they can file their objection within this period. If any other third party files no trademark opposition or objection, then the examiner grants a trademark registration certificate.

Trademark registration: If any objection is raise then you have to submit the reply within 30 days and if any opposition is raise by a third party then you have 2 months to gather the supporting evidence and after that hearing will be schedule. If no opposition or objection arises then your registered trademark certificate will be issued.

Renewal of trademark: TM validity of 10 years, It can be renew. For that, You have to go through the renewal process to renew the trademark.

Conclusion

Brand Name Registration in India is important to protect any brand. This process can be long, complicated, and time-consuming, but with the right guidance and assistance, it can become a seamless process.

By understanding the right way to register a brand name and logo, you ensure its legal protection and also increase its credibility and recognition in the market. for any kind of suggestion and help with brand name registration, you can contact us through the A Star Legal website and consult our experienced trademark attorney.

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