By trademarking your company’s name, you are protecting the brand, its reputation, and your ideas, all of which you undoubtedly invested a great deal of blood, sweat, and tear working on. And while the trademarking process itself will take time in all areas considered, nothing would be worse than not protecting your brand and potentially be faced with an infringement lawsuit from a larger company.
The process of brand trademark registration in India is now possible and
convenient such that you can trademark any one of the below things or even a combination of the
following:
Letter, Word, Number, Phrase, Graphics, Logo, Sound Mark, Smell or a mix
of Colors.
Step 1: Surf internet for a brand name that is
“wacky-enough”
This is simply a short and best way for any newcomer to get a
catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky
is definitely a wise move since most of the generic names would already be in someone’s hands.
Moreover, zeroing in on a particular name requires a quick research process to ensure yourself
that you are not picking a brand name that is already in use. The best part here is that you can
invent or coin some words with a mix of generic words to create a unique brand name for
yourself.
Step 2: Preparing a trademark application
The following supporting documents together with the application have to be
submitted:
1.Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.
2:Soft copy of the trademark.
3: The proof of claim (which is applicable) of the proposed mark can be used in another country.
4: Power of attorney to be signed by the applicant.
Step 3: Filling the application of brand name registration
Manual Filling and e-filling are the two different ways for filing the registration.
If you choose ‘manual filling’ then you have to personally move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment.
But in the case of an e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!
Moreover, in case of rejection due to non-approval of the name, the applicant will get a second chance of refilling the same SPICe form without any further charges. It means you get two chances of filing the same form without any extra charge of paying Rs. 1000/- both the times.
In case of failure to get the name approved in the second go, you can file the
SPICe form again from scratch. This will any day prove to be cheaper than opting for the first
option.
The whole process including name approval and incorporation takes around 2-3 days
Step 4: Examining the process of the brand name application
Once the application is dispatched, the Registrar will check out whether you have
followed certain terms that your brand name complies with, the existing law. Moreover, there
should not be any conflict or dispute amongst any existing or pending brands for the
registration. This is the reason why we preferred you to choose a quirky brand name!
Step 5: Publication of your brand in the Indian Trade Mark Journals
After the process of examination, the registrar will publish your brand name in the
Indian Trade Mark Journal. This is certainly the most important part of the trademark
registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days,
in some cases, from the date of publication. Then your brand name is proceeding towards the
acceptance.
Step 6: The trademark registration certificate issuance
The Registrar will accept your trademark application if there’s no opposition being
raised within the stipulated period of 90 days. Wow! And this will be the happiest moment for
you as the Registrar issues the Registration Certificate with the Trademark Registry seal.
Right from the moment you have been issued with your certificate, you can use the registered
trademark symbol (®) beside your brand name.
Thus, with this blog post, we feel that even a
beginner can understand all about creating a brand name and registering it successfully.