Brand! Itself defines your identity everywhere in the global market. And it takes a great deal of hard work and resources for building a brand value. Therefore, it’s good to ensure that you’ve complete rights over the ownership of using the logo, slogan, color combination, sounds, packaging or anything else which makes your brand a distinct identity. The Trade Marks Act 1999 allows registration and better protection of trademarks for goods and services and to prevent its misuse. It’s really a wonderful way to provide sole authority to the owner and benefitting him/her of the registered trademark.
As trademark falls under the category of intellectual property, therefore we must be aware of intellectual property rights & laws related to this. Intellectual property rights and laws have been established to secure the owner’s interest in every form,hence you must initiate the trademark registration process as soon as you can in order to protect your content.
Here we’ll discuss how to register trademark for your brand in India.
Before moving forward, let’s understand what is the meaning of trademarking a brand name?
In India, Trademark registration of a brand involves registration of the following:- letter, number, word, phrase, sound mark, logo, graphic, or a combination of colors.
To promote trade and providing an opportunity to entrepreneurs, Govt. of India has simplified the trademark registration process for the business-doers. So that they could obtain the ™ for their brands within a short span of time.
Now let’s find out the process of how to register a trademark
- Search for a unique brand name :-Try a brand name that could be more unique or seems to be much different or may be somehow absurd. The reason for this is very clear, as most of the generic names are not easily available or already registered. In this case, you can use various combinations with generic words. At this point, you have to work hard to check trademark availability.
- Making the trademark application:-After complete work-out over the brand name, now it turns to fill the trademark application form by online mode. There may be an application cost that could vary from time to time. Meanwhile, you will have to submit the required supporting documents (Scan copy of the original documents).
In case of a partnership firm or LLP firm you would have to submit the following documents.
- Copy of Logo (Optional)
- Signed Form-48.
- UdyogAadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory
However, for other cases such as individuals or small firms, there could be different set of requirements.
- Filling the brand name registration application
Here you’re eligible for both manual and e-filing of the trademark registration process.
If you go with manual filing, then you will have to complete all process personally. You’ve to walk down and submit your application to the office of the Registrar of TradeMarks. Within 15-20 days, you’ll receive the acknowledgment of your application.
In case you opt for e-filing, then get relaxed as this would simplify the whole process including saving of time. By this way, you can receive acknowledgment instantly.
- Examining the brand name registration application
At this stage, Registrar checks and scrutinized about the authenticity of the brand name either it’s genuine or not conflicting with other existing or under-process brands.
- Publication in the Indian Trade Mark Journals
In this stage of the trademark registration process, the logo, brand name or anything else is published in the Indian Trademark Journal. The objective of the publication is to ensure any claim or objection by any other party within 3 months from the date of publication. In some cases, it may go up to 120 days.
- Issuance of the trademark registration certificate
If no objection is raised within 90 days, then the Registrar will issue a Certificate of Registration under the seal of Trademark Registry.
Now you’re eligible to use registered trademark symbol (®) next to your brand name. The most important point you must know, that it’s valid for a period of 10 years and after this, you need to renew it once again.
Now you’ve understood the entire trademark registration process. This would help you in case you wish to start a new business or already have one. If you wish to check the process of trademark registration in Delhi or anywhere in india then you can obtain the necessary details about Intellectual property and its registration on this website.