Protecting your brand with Brand Name Registration in India is more important than ever, as unauthorised use by others can harm your business reputation and revenue. Trademark registration online not only safeguards your brand identity but also establishes legal ownership and builds trust with customers, investors, and partners. From logos and taglines to product names, every element of your brand can be protected. In this guide, we’ll take you through a step-by-step process to register your brand in India and secure your intellectual property.
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.
To protect and popularise your brand name, it is essential to register it with the Trademark Registry. A trademark plays an important role as it protects your brand name and provides you with legal identity for it.
The Controller General of Patents, Designs and Trademarks under the Ministry of Commerce and Industry registers trademarks in 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 Trademarks 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 Trademark Renewal with the corresponding Documents after a 10-year duration of 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 the Trademark Registry office grants you an application number
“Ⓡ” as a superscript on your trademark logo/wordmark can be mentioned only after the certificate of registration is granted by the Trademark Registry office.
Different Classes of Trademark
Trademarks are divided into 45 different classes according to the NICE classification, also known as the International Classification of Goods and Services.
Among those 45 different trademark classes, 34 classes come under the goods section & and the remaining 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.
Brand Name Registration with JustStart
JustStart provides timely services. Super support system, on-call reply, properly explains and provides 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 be 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 the Brand Name Registration Process?
Registering a Trademark Application online is a very simple & easy process:
Step 1: Visit the Trademark Registration Website.
Step 2: Fill in 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 be 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 Trademarks, the 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 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 to the mark applied if any.
Step 8: Opposition can be made by any third party to the registration of the Trademark Application within 3- 4 months from the date the Trademark Journal is made available to the public. When there is no opposition obtained during that period, the name will be approved.
Step 9: Certificate of Trademark Registration shall be issued if no objection is received.
Note: Even a single mistake in your application can lead to rejection. To avoid errors and ensure smooth registration, leave the process to JustStart professionals and stay worry-free.
Documents Required for Brand Name (Trademark) 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 labelled 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 / Authorisation in Form 48 is required with an Affidavit.
Trademark Registration Cost in India
Government Fee:
For a trademark registration, the government fees for individuals, startups, and small enterprises are Rs 4,500 for online filing and Rs 5,000 for physical filing.
For other entities (companies, LLPs, partnerships), the government fee is Rs 9,000 for online filing and Rs 10,000 for physical filing. *These fees, in the case of other entities, should be 4500 if you have an MSME Registration Certificate in the name of the entity.
Professional/Agent Fee:
Using a trademark agent or professional service like JustStart may incur additional fees ranging from Rs 2,000–5,000, depending on services such as name search, application filing, and objection handling.
Conclusion
Protecting your brand name is crucial for establishing trust, legal security, and long-term business growth. By registering your trademark in India, you safeguard your brand identity and prevent unauthorised usage. JustStart offers expert guidance throughout the entire trademark registration process, from name search and filing to opposition handling and certificate issuance. Take the next step today, get your brand registered with JustStart and secure your business’s identity effortlessly.
FAQs (Frequently Asked Questions)
Q1. How long does brand name registration take in India?
Ans: The entire process usually takes 10-12 Months, depending on factors like objections, oppositions, and the efficiency of document submission.
Q2. Can I register a trademark for an existing brand name?
Ans: Yes, but only if the brand name is unique and not identical or similar to an already registered trademark in the same class.
Q3. What is the difference between ™ and ® symbols?
Ans: Use ™ after filing a trademark application to indicate your claim, and ® only after the trademark is officially registered.
Q4. Can a foreign company register a trademark in India?
Ans: Yes, foreign companies can apply directly or via a local agent to protect their brand in India. They must comply with Indian trademark laws.
Q5. How can I check if my brand name is available for trademark registration?
Ans: You can conduct a trademark search on the official MCA website or via professional services like JustStart to ensure your brand name is unique before filing.
Q6. Can I trademark a logo or tagline separately from my brand name?
Ans: Yes, logos, taglines, slogans, and even packaging can be registered as separate trademarks under different classes.
Q7. What happens if someone opposes my trademark application?
Ans: If an objection or opposition arises, you need to file a reply within the given period. Professional guidance helps ensure a proper response and improves approval chances.
Q8. Can I assign, sell, or license my trademark?
Ans: Yes, a registered trademark is an intellectual property and can be licensed, sold, or transferred, creating additional business opportunities.
