Register a Brand in India
A brand name is a valuable business asset. It helps solidify market presence and draw the attention of potential customers. Besides, it creates a distinctive image for products and services, allowing brands to stand out in a cut-throat market. Sometimes it takes years for a brand to carve its image in a marketplace- and once it does that, it starts drawing the attention of infringers. That’s the point you need to become cautious and start fencing your brand with IPR protection, which means securing a trademark registration. With that being said, let’s take a closer look at what it takes to register a brand in India.
What do you mean by Trademark?
A trademark refers to visual elements, such as a logo, brand name, unique combinations of colors, etc. that help brands stand out among their peers in a given marketplace. Trademark protection renders exclusive rights to the owners over their trademark and its uses. It prevents potential infringers from imitating the mark to meet illicit intentions.
As of now, the onus of legitimizing the mark is in the hands of the Controller General of Patents, Designs, and Trade Marks. There are online and offline modes to secure trademark registration in India. However, we suggest you opt for an online mode for convenience.
What benefits come to light once you register a Brand in India?
Once you successfully Register a Brand in India, you can avail of the following benefits:
- Exclusive rights regarding the use of the trademark
- Solidifies brand value with time
- Nurture goodwill and elevate credibility among peers and customers
- Create a tapestry of legal protection around the mark and its owner.
- Reinforce robust interplay with potential customers in the given marketplace.
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Documents Required for Trademark Registration
Documentation plays a vital role when you strive to register a brand in India. Make sure to arrange the following paperwork before diving into the process of trademark registration:
- Applicant’s proof such as Voter ID, PAN, Passport, Aadhaar, etc.
- A description of the mark or brand name.
- Document showcasing the proof of TM use.
- MSME or Start-up India certificate, if available. This will allow you to avail of a 50% concession on the trademark application cost.
- Power of Attorney (drafted in a form TM-48)
- Board resolution reflecting the board’s consent about applying for trademark registration
- User affidavit
6 Steps Guide to register a brand in India under Trademark protection
Plenty of legalities come into play when you strive to register a brand in India under trademark protection:
Step 1: Create an account on the IP India portal
The process to register a brand in India starts with an account creation on the IP India website, a dedicated portal helmed by the trademark registry. Use valid credentials or a digital signature for this purpose.
Step 2: Perform a Trademark search
The second step is all about scouting the trademark database to determine the legitimacy and uniqueness of the proposed name. Avoid using the proposed name if it already exists in the database.
Step 3. Application filing and inspection
This step involves filing the trademark application with the competent authority i.e. trademark registry. You can visit the IP India portal and fill out the relevant e-form with the apt information. Once done, upload the form with the supporting paperwork. Upon completing the said formalities, you can use the symbol (™) mark in superscript while the authority begins with the inspection process.
During vetting, the authority shall look out for factual errors and potential discrepancies. If they find any error, the application will come to a halt. A proper intimation and timeline would be given to the applicant to resolve any error.
It is advisable to check the progress of the trademark application every now and then to avoid potential delays.
Step 4: Publication of trademark in a public domain
This is a crucial phase of the application as it requires the authority to publish the proposed mark or name in the trademark journal for a stipulated timeline. This helps the authority to invite objections, if any. If any objection comes to light, the status of the application will be stated either as:
“objected under relative grounds of refusal,”
“objected under absolute grounds of refusal”
The applicant must resolve objections within the stipulated timelines otherwise authority shall revoke the application.
Step 5. Show Cause Hearing
If the authority doesn’t find the applicant’s response up to the mark, they will forward the matter to the committee wherein a trademark hearing will take place. This opportunity will allow the applicant to present their case and prove the legitimacy of their mark. The notice concerning the trademark hearing shall be shared with the applicant on the registered contact details.
The applicant can attend the meeting individually or with a certified agent or lawyer to present the case. The arguments and proofs provided in the meeting will decide whether or not the proposed mark or name is eligible for trademark protection.
Step 6. Grant of Certificate
If the applicant defends the case, the trademark registry shall grant the certificate under its seal. The trademark’s details shall find their way to the Central Register of Trade Marks, reinforcing the legitimacy of the mark.
Post this, the applicant becomes eligible to use the symbol (®), finalizing the process to register a brand name in India.
How long does it take to Register a Brand in India?
Registering a brand in India under trademark protection generally takes around 6-12 months depending on the intricacy of the mark or brand name. However, if you are well-prepared and fulfill all the requirements, including paperwork, you might get the trademark certificate before this timeline.
Conclusion
A trademark is a vital asset of a business that garners credibility and makes the offerings stand out in the crowded marketplace. While you strive to register a brand name in India under trademark protection, make sure to ascertain the underlying legalities and documents to avert any potential delay.
If dealing with legalities is not your cup of tea, let Adviso’s experts handle the affairs.
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