Brand Name Registration
An Overview of the Process
A brand name is vital to the success of a business as it is a form of identification that contributes to building the public image of the organisation. Registering a brand name or a trademark is imperative to protect business and prevent unauthorised use of the same. However, the process of Brand Name Registration can be a bit tricky and requires the assistance of a well-trained trademark professional like Estabizz Fintech to carry out the process by following the requisite laws and regulations adequately.
Features of a Brand Name
Brand names are known for their unique visual representation and are one of the most integral parts of a business. The types of trademarks that can be registered include service marks, word marks, logos and symbols, shape of goods, series marks, certification mark, collective trademarks, sound marks, pattern marks, geographical indications, three-dimensional marks, and colour marks.
Intangible Asset
A trademark is a form of intellectual property that can be franchised, traded, commercially contracted, and distributed. Once a trademark is registered, it becomes an intangible asset that not only brings immense benefits to a business but also adds value to its reputation.
Protection Against Infringement and Legal Protections
If there is infringement with respect to the logo, brand name, or slogan of the owner, the trademark can be used to the owner's legal rights. The owner of a registered trademark has the right to sue any person who uses the trademark and can obtain damages along with any profits which the infringer may have received by using the trademark without the prior permission of the owner.
Trademark Search
Trademark search is often carried out in order to check for the existence of a particular trademark. It can be conducted through the Indian trademark registry database of the Government of India or through the website of a third-party service provider.
Class Selection
For the purposes of registration of a brand name or a trademark, the goods and services are classified into 45 different classes. Every brand name is required to be registered under the appropriate class at the time of application. Out of the 45 classes, 34 classes belong to goods and the remaining 11 classes to services.
Voluntary Registration
Even though the registration of a trademark is not mandatory, it is done on a voluntary basis. However, if a brand name is registered, it provides concrete evidence of ownership of the trademark. Every legal decision will be in favour of the party with the registered trademark.
Validity
A registered trademark has a validity period of up to 10 years before requiring renewal to be valid. The renewal process can be applied only within one year before the expiry of the validity period of the trademark. If one fails to renew the trademark as mentioned above, it shall be removed from the Registry. Even after removal, a trademark can be reinstated through what is known as the restoration of the trademark in the prescribed form.
Different Types of Trademark Symbols
Trademark symbols are used during different stages of the trademark registration process. The (TM) or (SM) symbols signify that the application for registration of the trademark has yet to be approved by the appropriate authorities, and the ® symbol means that the trademark has been officially registered and infringement by any person or entity shall be punishable under the law. The © symbol is used to indicate that the owner of a creative work has a copyright over it.
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It is imperative to carry out proper research and to take the help of professionals like Estabizz Fintech, who have decades of experience in getting a trademark registered efficiently and in minimum amount of time.
To conclude, registering a brand name has its benefits, but it must be done with due care and caution. A business or individual seeking to register their brand should take the help of a well-trained trademark professional like Estabizz Fintech to carry out the process by following the requisite laws and regulations effectively.
Benefits of Brand Name Registration
Registering a brand name through trademark registration offers numerous advantages and benefits to both the owner and the business as a whole. Below are some key benefits of Brand Name Registration:
- Legal Protection
By registering a trademark, it is classified as intellectual property and receives protection against infringement. The registration grants exclusive rights to the owner, allowing them to use the trademark for their goods or services within the registered class. Once the registration application is filed, the symbol ™ can be applied to the owner's products. The symbol ® can only be used after obtaining the trademark registration certificate. Unauthorized use of a registered trademark can be addressed through legal actions.
- Product Differentiation
Registered trademarks distinguish the products or services of a business from those of its competitors. It enables customers to identify and differentiate a business by its brand name. The registration also helps in creating brand recognition and establishing a solid customer base.
- Brand Recognition
Customers associate the quality, performance, and features of a product with the brand name. Registration of a trademark facilitates brand recognition for its goods and services. This recognition builds goodwill and attracts new customers, while also retaining a loyal customer base.
- Creation of an Asset
Trademark registration creates an intangible asset for the business. Trademarks are considered intellectual property and can be franchised, sold, assigned, or commercially exploited. The value associated with trademarks can be recognized in the books of accounts, and depreciation can be claimed for tax purposes.
- Business Valuation and Goodwill
A registered trademark associated with a business enhances goodwill, business value, and net worth. Trademarks symbolize the quality assurance and distinct features of a business, contributing to its growth and retaining customers.
- Trademark Recognition
In India, a registered trademark is valid for ten years from the date of filing. It can be renewed after the initial ten year period. If a trademark owner wishes to use the trademark outside India or expand their business overseas, they must obtain the requisite approval or registration in the respective countries. In such cases, a trademark registration certificate in India can serve as a foundation for obtaining registrations in other jurisdictions.
- Business Expansion
A trademark helps establish a strong connection between customers and a business's goods or services. By offering efficient and unique products, a business can attract new customers and expand its customer base. Trademark registration also safeguards the business's revenues for a period of ten years, allowing for further growth and expansion.
Process for Brand Name Registration
The registration process for a trademark involves the following steps:
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Choose a Trademark
It is important to select a distinctive and unique mark that represents the business. Identify the appropriate class under which the business falls. Currently, there are 45 classes for goods and services registration. Classes 1-34 are for goods, while Classes 34-45 are for services.
- Conduct a Trademark Search
Before proceeding with the trademark application, conduct a trademark search to ensure the chosen mark is not identical or similar to any existing registered marks. This can be done through the official website of the Controller General of Patents, Designs, and Trademarks or with the assistance of professionals like Estabizz Fintech.
- Prepare the Trademark Application
The trademark application requires the submission of supporting documents, including registration proof of business, identity proof of directors (for companies), and soft copy of the trademark. A power of attorney signed by the applicant is also necessary.
- File the Application
The trademark application can be filed online or offline. The application fee varies depending on the type of applicant. Carefully fill out the application form and attach all necessary documents. Avoid mistakes to prevent delays or rejection of the application.
- Examination Process
The trademark application undergoes examination by the registrar to ensure compliance with the law and no similarity with existing or pending trademarks. It is crucial to choose a unique and distinctive brand name to avoid any rejections.
- Publication in Trademark Journals
If the examination process is successful, the trademark will be published in Indian trademark journals. During this period, there is a 90-day window for opposition. If no opposition is raised, the registrar proceeds with issuing the trademark registration certificate.
- Trademark Opposition
If a third party files an opposition within the 90-day period, the registrar notifies the applicant. The applicant must submit a counter statement to the opposition within two months. Failure to respond leads to rejection of the application. If opposition is received, the trademark application proceeds to a hearing.
- Hearing on Trademark Opposition
Both the applicant and the third party opposing the registration have an opportunity to present their cases and submit evidence. The registrar then reviews the evidence and passes an order accepting or rejecting the trademark application.
- Trademark Registration Certificate Issuance
If there is no opposition or if the opposition is successfully contended, the registrar accepts the application and issues the trademark registration certificate. This certificate allows the use of the registered trademark symbol alongside the brand name.
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FAQ
Trademark registration is a legal process that grants the exclusive right to use a specific brand name, logo or slogan for the goods or services offered by an individual or business.
Registering your brand name offers legal protection against infringement and ensures that you have exclusive rights to use and capitalize on your brand.
No, your brand name must be unique and differ from other trademarked names in the same category for it to qualify for trademark protection.
The trademark registration process typically takes around 12-18 months to complete.
Yes, you can register your brand name in multiple countries by following the local trademark registration procedures.
A trademark is used to protect products, while a service mark is used to protect services.
While it is not mandatory, hiring a trademark attorney can help to ensure that your application is complete and properly filed.
Yes, you cannot register a name, logo or slogan that is obscene or offensive.
Yes, trademark registration typically lasts for 10 years, and can be renewed every 10 years thereafter.
Yes, you must use your trademark within a period of five years of registration, or it can be subject to cancellation.
Yes, you can sell your trademark, and it will remain valid for the new owner.
Yes, you can transfer ownership of your trademark to another individual or company.
The cost to register a trademark varies based on the country and the number of classes it falls under.
Yes, in most countries, you can apply for a trademark online.
The application process can take anywhere from a few months to a year.
Yes, you can trademark a specific color in certain circumstances.
Yes, sounds can be registered as trademarks if they are distinctive.
Yes, you can protect your brand name under both trademark and copyright law.
The Madrid Protocol is an international treaty that allows businesses to apply for trademark protection in multiple countries with a single application.
Yes, you can register a domain name as a trademark if it meets the eligibility criteria.
Yes, you can register a logo as a trade mark without a brand name as long as it’s unique.
Choose the classification that corresponds most closely to the category of goods or services provided by the business.
Yes, you can trademark a slogan or tagline that is considered unique and distinctive.
No, it is not mandatory, but it is advisable to prevent others from using your brand name.
Renewal fees are typically due every 10 years.
You can take legal action against them to protect your brand.
Yes, if you use the word in a way that distinguishes it from the dictionary definition.
Yes, you can trademark a fictional character under certain conditions.
Yes, in certain circumstances, you can apply for a trademark on the shape of a product.
Yes, you can allow others to use your trademark for a fee through a licensing agreement.
Yes, owning a trademark can help in the case of domain name disputes.
A trademark search is a process for checking if similar or identical trademarks exist before applying for registration.
No, you cannot trademark a term that is considered too generic.
Yes, you can file an international registration from your home country.
No, it is illegal to use a trademark without permission for any purposes.
Yes, if you believe that the registered trademark is too similar or infringes on your existing trademark rights, you can file an opposition.
No, you cannot register a trademark for someone else’s brand without their permission.
No, you cannot trademark a geographic location if it can be deemed too generic.
Yes, in some cases, you can apply for a trademark for a hologram or 3D mark.
No, a registered trademark only grants protection in the country or region where it is registered.