Brand Name Registration: Registering My Brand Name in India

Ashish M. Shaji

13 Sep, 2022

Trademark is a brand or logo which represents your Business. Hence, brand name Registration is nothing but Trademark registration. It basically means that “this brand name is ours, if anyone uses it to sell their products then we can sue you”. Thus, many a time, Trademark owners end up their valuable time in the litigation process because when the time was right, they did not do Trademark Registration of their brand name. To protect your brand name legally, registration of your brand name in India is essential.

Brand Name Registration: Who can apply for Brand name application in India?

Any person which can be an individual, company, proprietor or legal entity claiming to be the owner/proprietor of a mark for those goods and services for which he is using or intends to use the mark^[1] can apply for brand registration in India.

Brand Name Registration: What are the Advantages of Registering a Brand name?

The advantages are as follows:

• Trademarks make it easier for your customer base to find you and distinguish your services and products from those of your competitors.
• It helps in the Advertisement for service or product.
• Trademarks prevent confusion as to the source of the goods and services. Only when the trademark is registered owner can use symbol ® OR “R”.
• If the trademark is registered it can be used to obtain registration in some foreign countries and the brand name can be protected worldwide.
• A trademark creates a face value in the market among competitors and they give your business a monopoly over the brand name.
• It gives you exclusive right to use your trademark. The proprietor can also prevent others from unapproved utilization of the mark.

Brand Name Registration Procedure in India

We have provided the step by step registration procedure below:

• Step 1: Brand Name Search

A search is to be conducted in order to determine the uniqueness of the brand, and its similarity to other, pre-existing brands. It is very much advisable to conduct a Brand Name search before registering or using a Brand Name.

• Step 2: Filing of Registration Application for Brand Name

Step two involves filing of registration application after receiving the search report and once the acknowledgment is received, the applicant can use the symbol TM along with the applied brand.

• Step 3: Examination of Brand Name Registration Application

Once the registration is completed, the Registrar examines the application and issue examination report. The applications are examined to ensure that they do not conflict with brands which are already registered.

• Step 4: Publication of Mark in the Trademark Journal

After the Examination of the application of the brand name by the applicant, the Registrar considers the mark as a distinctive/unique brand, advertise the mark in Trademark Journal. If no opposition to the brand is filed within the period of 3-4 months then, the brand proceeds for Registration.

• Step 5: Registration Certificate

Once the application is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry. The trademark can be renewed after every 10 years and it can be done perpetually.

Conclusion

Brand Name registration is an essential thing in the Company’s brand building and to provide it a unique image. Every company owns exclusive rights to its Brand and it requires that no one should use that Brand so the trademark is needed for that purpose.

Read our article: International Trademark Registration: A Route to Global Branding