How to do brand name registration in India? Get easy steps to submit a trademark registration application. So let’s check out the details in depth about trademarks for business brand protection.
What is a Trademark?
A trademark is a unique identity of your product or services that defines your brand name uniquely from others. Its name, logo, words, packaging labels, symbols, and taglines should be unique.
Additionally, manufacturers or service providers use wrappers in combination with these to identify their products or services so that it does not conflict with other trademarked names.
If a person wants to keep his brand name popular and protected, he should always get a Trademark Registry. Trademark plays an important role as it protects your brand name and provides you with legal identity for it.
Registration of trademarks in India is done by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. When a trademark is infringed, the owner has the right to sue for damages.
However, if a trademark is already registered with a similar name, the application may be rejected or may not be registered.
Why is it important to register your trademark?
If you Register a Trademark in India, you are protecting your brand name/symbol/logo from being used by others without your consent. It has its goodwill and serves as a valuable asset to you.
It can also be licensed, sold, or assigned in the same way as other types of property, such as Real Estate. If you are Registering a Trademark, you are building trust with customers and investors.
Many reputed companies can create a brand portfolio and use multiple brands simultaneously for different sections of society. You can also promote your brand, as many successful brands do. Registered a Trademark can convey the quality, vision, and unique features of your product. This further increases your brand value.
What Is the Validity Period of Trademark Renewal?
As per Section 25 of the Trademark Act, of 1999, the validity period of a Trademark in India is 10 years.
Thus, one may Renew Trademark Registration with the corresponding Documents after 10 year duration Validity.
What should be written after making an application for Trademark Registration?
TM as a superscript on your trademark logo/wordmark can be mentioned once you are granted an application number by the Trademark Registry office
“Ⓡ” as a superscript on your trademark logo/wordmark can be mentioned only after certificate of registration is granted by the Trademark Registry office.
Trademark Class Details?
Trademarks are divided into 45 different classes according to the NICE classification also known as the International Certification of Goods and Services.
Among those 45 different trademark classes, 34 classes come under the goods section & rest 11 classes come under the services section.
Each of the trademarks shows a distinct set of goods & services. While applying for a trademark, firstly we need to check the availability of the name to avoid discrepancies.
Register a Trademark Online with JustStart
JustStart provides timely services. Super support system, on-call reply, properly explains each and everything regarding documentation to the customers. JustStart’s team consists of qualified professionals.
When you are getting your Trademark Registration with JustStart, their team first checks the feasibility of the brand name and sends you a search report on availability. This will satisfy you completely, update your point-to-point, and once satisfied, file the trademark application.
Then further, the application is examined by the trademark registrar. Post examination, if the registrar has no objection, the application will get published in a trademark journal for opposition if any from the public at large. If there is any opposition from the public, then the opposition reply needs to be filed.
What Are The Steps For Trademark Registration Online?
Registering Trademark Application online is very simple & easy process:
Step 1: Visit the Trademark Registration Website.
Step 2: Fill all the details of the trademark Registration Form & please make sure the details entered are correct.
Step 3: Make the online payment for your trademark Application.
Step 4: Receipt of the trademark application will get generated. After trademark application filing, you can use your brand name with ™ till you get a certificate of Trademark Registration.
Step 5: After the application has been submitted to the Registrar of Trademark, Trademark registry may then evaluate the Trademark & ensure that it satisfies the registration requirements in India.
Step 6: Reply to the Examination Report within one month from the receipt if any.
Step 7: Advertisement in the Trademark Journal is released for a duration of 90 days in the trademark journal in order to allow the public to file an objection for the mark applied if any.
Step 8: Opposition can be made by any third party to the registration of the Trademark Application within 3 months from the date the Trademark Journal is made available to the public. When there is no opposition obtained during that period, the name would be approved.
Step 9: Certificate of Trademark Registration shall be issued if no objection is received.
Documents Required for Trademarks Registration?
- Applicant Identity Proof – Aadhar Card, Voter Id Card, Driving License, Visa /Passport or Ration Card.
- Business Proof – Certificate of Incorporation or Agreement Deed or Registration in case of a Company or Registered Business.
- Logo- The proposed Logo will be labeled in normal logo sizes of 8cm*8cm respectively. If a word is used for trademark filing, the logo is not necessary.
- Power of Attorney – If the Application was filed through A TM Agent/ Attorney, the applicant’s signed power of attorney / Authorization in Form -48 is required with an Affidavit.
What Are the Registration Fees for a Trademark?
For Trademark Registration, the government fee is Rs 9,000/- If you have MSME Registration Certificate, the fees shall be Rs.4,500/-.
It is beneficial to get MSME Registration Certificate among other benefits to reduce the trademark registration government fees.
