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.
1. What is Trademark?
A trademark is your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On receiving ™ Application number you can start using ™.
2. What type of trademarks are NOT registrable?
Any trademark, which is identical or deceptively like an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also, a trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registered as a trademark.
3. Why should I file an application for a trademark?
Getting trademark registered has a number of business benefits such as:
4. What is NICE classification?
The Nice Classification (NCL) is an international system used to classify goods and services for the purposes of the registration of marks. It has total 45 classes (1-34 for products and 35-45 for services).
5. Can I register a trademark before starting a business?
Yes, one can register a trademark even before starting a business.
6. Can I get a global trademark?
No. Trademark is territorial in nature which means, if you get a trademark in India then it will be valid for India only.
7. What is the validity of trademark registration?
The registered trademark is valid for 10 years from the date of filing of an application. The trademark can be renewed further.
8. When can I use symbol R or TM?
Symbol “TM” can be used after filing of a trademark application. “R” should be used only after registration of a trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.
9. What is trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
10. Will my trademark registration be valid for all types of services and goods?
Trademark registrations are distinctive to the goods or services they represent. The registrations are product/service specific and are made of a “Class” of goods or service it represents. The trademark registration will, therefore, be valid for the entire class of goods or service it represents.
12. Is digital signature mandatory for carrying out Trademark registration formalities?
Yes, the authorities mandate it for applicants to verify all the documents they submit including the application for trademark registration using a Class III Digital signature. Our experts will help you e-verify the documents.