How to register a brand name or a trademark in India?

How to register a brand name or a trademark in India?

So, you own a business or want to own a business, and you are thinking if the Trademark registration India really necessary step? is it something which is just good to have for a business or a must have for a business ? well, let me ask you a question, 

• How much time and effort you invested in your business? for your product ? or creating brand value?  Did you work hard to make your business a respectable and trust worthy name in minds of your clients?
• How would you feel, if someone else is misusing your business name?
• Or You found out that the name that you are using for your business is actually registered with some other company 

and Even worst case would be …

You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing already registered trademark of someone and you can not use that name for your business here after

It would be a huge loss of time, efforts and costs !!! Would you like to avoid such devastating scenarios that can hurt your businesses image? which can result in all the hard work you put in building brand name (image) of the business going waste !!!

Then you need to seriously consider protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business. If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence it is important to consider Trademark registration India.

A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol.

What is a trade mark?

In simple terms, trademark is a brand or logo which represents your business.

A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.

Example of trademarks:

Coca cola and Pepsi are two trademarks from same industry (beverages) which distinctly identifies source or origin of the goods as well as an indication of quality.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered.

Who can apply for trademark?

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 18 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.

functions of a trade mark are: 

• It identifies the service or product and its source
• It guarantees its quality
• helps in Advertisement of service or product 

different types of trademark:

• A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
• A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
• alphanumeric or Letters or numerals or any combination thereof.
• Image, symbol, monograms, 3 dimensional shapes, letters etc.
• Sound marks in audio format 

Documents required for filing a Trade Mark Application in India:

• Trademark or logo copy
• Applicant details like name, address and nationality and for company: the state of incorporation
• Goods or services to register
• Date of first use of the trademark in India, if used by you prior to applying.
• Power of attorney to be signed by the applicant

The procedure for registering trademark in India

Step 1: trademark search

(time: about 4 hours) Cost: Rs 0 to Rs. 500

This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step

Step 2: create trademark application

(time required: 2-3 days)

Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application.

Step 3: trademark registration

(time 18 to 24 months)

Cost: Government fees is Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases) and trademark attorney professional fees is Rs. 3500/- per application per class.

• The Trade marks office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
• If it has no objection, it makes an advertisement in the Trade Marks Journal.
• If there is no opposition from other businesses in the next four months, your trademark is registered around six months later. 

Note: objections Dependent Costs Drafting legal response to objections can be from Rs. 2000/- to Rs 5000 in order to overcome the objections and in case hearing is required, the cost per hearing would depend upon the complexity of the matter.

	Official Fees (INR)	Professional (INR)	Total
Trademark Application (Charges are for per class per mark application)	4,500/- in case of Individual/ Startup/ Small Enterprise	3,500/-	8000/- in case of Individual/ Startup/ Small Enterprise
	9,000/- in all other cases		12,500/- in all other cases

Steps you need to take to registration your trademark in India:

• Select and authorize a trademark agent or attorney to represent you.
• The trademark attorney conducts a search.
• Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours. 
• The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
• After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office. 

It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.

Why you need to consider registering trademark for your business

• Even biggest businesses like coca-cola, Siemens, Apple protect their business by means of trademark.
• The trademark would be important asset for your business and contributes to the goodwill generated.
• With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered
• Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned
• It guarantees the identity of the origin of goods and services.
• It stimulates further purchase.
• It serves as a badge of loyalty and affiliation.
• It may enable consumer to make a life style or fashion statement.

For more questions and information or for trademark search, filing, opposition and registering trademark in India, you can reach us by going to my trademark requirement .

Cost for Trademark registering in India 

	Official Fees (INR)	Professional (INR)	Total
Trademark Application (Charges are for per class per mark application)	4,500/- in case of Individual/  Small Enterprise	3,500/-	8000/- in case of Individual/ Startup/ Small Enterprise
	9,000/- in all other cases		12,500/- in all other cases
In case of any objection from the Trademark Registry a reply to the Trademark Registry	-	4,000/- per reply	4,000/- per reply
In case of a hearing to overcome the objection	-	5,000/- per hearing	5,000/- per hearing
Once the Trademark is accepted and published in the official journal, it is open for opposition for 4 months by the third party. In case it is opposed, we will have to go through the separate procedure for which there would be additional charges depending on the facts of the cases.