Brand Name Registration

Understanding Brand Name Registration in India

Are you starting a new business in India? if so, then securing a brand name registration is one of the essentials that the company or entity may obtain. A brand name is a unique identity that determines or identifies the products or services they offer. Additionally, a registered brand name also gives you legal protection and credibility in the market. A brand name registration is done through the Intellectual Property Department of India and requires an application with the relevant details and fees.

A brand name registration is a distinctive feature that identifies the products or services of a business in the market. It is optional but highly recommended for all businesses seeking to create a unique identity and reputation in the market. A brand name registration is used interchangeably for trademark registration. A trademark is a symbol, and it can include a name, word, label, number, logo, or combination of colors, among other things.

Under the Trademark Act 1999, both text and graphical elements can be registered as a brand name in different classes or services. The process of Brand Name Registration can be a bit tricky. Thus, a business or individual seeking to register their brand should seek the help of a well-experienced trademark professionals at Corpbiz to carry out the process by following the requisite laws and regulations for Brand Name Registration in India.

Importance of Brand Name Registration

The importance of brand name registration are as follows:

• It grabs attention in the market
• It makes a strong first impression of the article in the competitive market
• It’s the foundation of the brand identity
• It’s memorable and retains customers
• It helps in separating a brand from the competition
• It fosters brand loyalty
• It invites customers to get to know the brand

Conditions for Creating a Right Brand Name Registration

Some of the list of conditions for creating a right brand name registration are as follows:

• It should be memorable
• It should be meaningful
• It should be likeable
• It should be transferable
• It should be adaptable
• It should be protectable

Benefits of Brand Name Registration

The list of brand name registration is as follows:

Legal Protection

Once the brand name registration is obtained through a trademark, it is legally protected from infringement. It grants an exclusive right to the owner of the trademark to use for the class he has obtained for the goods or services. Once the application for trademark is successfully filed a symbol ™ can be applied to the concerned goods or services. Furthermore, the symbol ® is used when the registration certificate is granted.

Product Differentiation

Registered trademarks are distinct and represent only the goods or services of the owner of the trademark for which it has been registered. Trademark brand name registration enables the differentiation of the product or services of a business from those of its competitors. Also, since registration of a trademark shall be valid for the goods or services it represents, it shall help in identifying the products or services of the owner. Meanwhile, customers recognise the product or service depending on the brand name, and registration of a trademark helps create a solid customer base for one’s product.

Brand Recognition

In general, the goods or services are identified by the brand name or its logo. Registration of a trademark facilitates the recognition of a brand for its goods and services. It also helps create goodwill with respect to the brand. Once a brand is recognised well among customers, it carries a market value over time. Recognition of the brand helps bring in new customers and also maintains a loyal customer base. It is one of the significant benefits of brand name registration.

Creation of an Asset

Registration of a trademark brand name creates an asset for a business. A trademark is considered an intangible asset for the purposes of accounting and income tax. Trademarks are intellectual property, and they are often associated with the services or goods that they represent. Trademarks can be franchised, sold, assigned and commercially exploited in any other manner. The value or cost that is associated with trademarks can be recognized in the book of accounts, and they can also claim a deduction for depreciation while also recovering income from the same.

Business Valuation and Goodwill

A Registered trademark that is associated with the products or services of a business helps enhance the overall goodwill, business value and net worth in the industry. The trademark is a symbol of the quality assurance, mission and distinct features of a business. Trademarks significantly contribute to the growth of a business. They also help retain customers while protecting the goodwill of a business.

Trademark Recognition

A registered trademark in India is valid for a period of ten years from the date of registration. Moreover, a trademark can be renewed indefinitely after the above-mentioned ten years. If an owner of a trademark wants to use it outside India or expand their business overseas, the owner shall be required to take the requisite approval from the concerned authority of the respective countries. In these cases, a registration certificate of a trademark in India can act as a base to obtain registrations in other jurisdictions.

Business Expansion

A trademark helps establish a connection between the customers and the goods or services of a business. A customer base can be created through efficient and unique products. Trademark helps in expanding the business base by attracting new customers. It also helps in protecting the revenues obtained from the business for a period of 10 years. Businesses can also leverage the benefits of an existing customer base due to the registered trademark by introducing new products or services and thus expanding their business even more.

Documents Required for Brand Name Registration

The list of documents required for brand name registration is as follows:

• PAN Card
• Aadhar Card
• GST Certificate (If Applicable)
• Company Incorporation Certificate
• Company PAN Card
• MSME Certificate (If Applicable)

How to Register Brand Name in India?

The step-by-step process to register brand name in India are as follows:

Choose a unique trademark brand name for the Business

The first step is to select a distinctive and unique brand name that will represent your business and clearly identify its goods or services. It is equally important to determine the correct class for registration, as trademarks are categorized into 45 different classes—Classes 1 to 34 for goods and Classes 35 to 45 for services.

Conduct a Trademark Search

Once a suitable mark is chosen, you should perform a trademark search to ensure that no identical or similar mark is already registered. This can be done on the official website of the Controller General of Patents, Designs and Trademarks, where you can conduct a public search by selecting the relevant class. Alternatively, professional assistance from firms like Corpbiz can help streamline the search and registration process.

Prepare the Trademark Application

After confirming that the mark is available, the next step is to prepare the application along with the necessary supporting documents. These include proof of business registration, ID and address proof of the applicant, a soft copy of the trademark, and a signed Power of Attorney authorizing the representative to file on your behalf.

File the Trademark Application to Register Brand Name

The trademark application is filed using Form TM-A, which allows for registration under single or multiple classes. You can also apply for series or collective marks through this form, and the applicable fee will depend on the type and number of classes selected.

Examination of the Trademark

After submission, the application undergoes an examination by the Registrar to check whether it meets all legal requirements and does not conflict with existing or pending trademarks. If the trademark is found to be unique and compliant, it will proceed to the next stage.

Publication in the Trademark Journal

If approved in the examination stage, the trademark is published in the Indian Trademark Journal for public notice. During the 90-day period (extendable to 120 days), any third party can raise objections. If no opposition is filed, the mark proceeds to final registration.

Trademark Opposition

If any third-party files an opposition within the prescribed time, the Registrar notifies the applicant by sending a copy of the notice of opposition. The applicant must respond with a counter-statement within two months; otherwise, the application will be considered abandoned.

Hearing on Trademark Opposition

If a counter-statement is filed in time, both the applicant and the opposing party will be required to submit evidence supporting their claims. The Registrar will then conduct a hearing, offering both parties a chance to present their arguments before deciding whether to approve or reject the trademark registration.

Types of Trademark Brand Name Registration Symbols

The different types of trademark brand name registration symbols are as follows:

Trade Mark (TM) and Service Mark (SM)

The (TM) or (SM) symbolises that the trademark has yet to be granted registration, but an application for the same has been submitted to the concerned authorities. The purpose of these symbols is to prevent a potential 3rd parties’ infringement. However, there is no specific legal consequence or significance of these symbols as the trademark application has yet to be approved by the relevant authorities.

R Symbol

Once the application for registration of the trademark brand name has been approved by the registrar of trademarks, the owner of the trademark is allowed to display the ® symbol right next to the trademark. This symbolises that the trademark has been officially registered and that any infringement by any person or entity shall be punishable under the law.

However, it is not mandatory to display this symbol. It does help the owner of the trademark to protect it if any person is involved in the unauthorised use of the same. The owner shall not only have the remedy to stop such 3rd party from the unauthorised use but also has the right to recover profits that were lost. This is because the court requires any person claiming infringement of a trademark to prove ownership and that the infringer was aware that the trademark was registered and yet used it unscrupulously without prior permission.

C Symbol

This symbol is used to depict that the owner of a creative work has a copyright over it. This can include literary work, artwork, dramatic work or videography or software programs, among other things.

The © is valid for a lifetime. The symbol is used along with the name of the holder of the copyright, along with the year in which it was first published in the country where the work was first copyrighted. Overall, there is a lot to be considered and to be aware of when it comes to brand names or trademarks and their registration. The procedure to register a trademark is itself, and it is imperative to carry out proper research with respect to the same. Therefore, registering a brand name has its own benefits, but it must be done with due care and caution.

Timeline for Brand Name Registration

The timeline for brand name registration is approximately 6 to 12 months, depending on the availability of the paperwork. The validity of the registered trademark brand name is for 10 years from the date of registration, and the same can be renewed indefinitely before the expiry of the ten years.

Why Trust Corpbiz to Register Brand Name?

Are you planning to get your brand name registered without any worry? Let Corpbiz IP professionals help you with effortless and convenient brand name registration in India. Given below are the reasons why Corpbiz is the most reliable brand to register brand name in India-

• Protected 20K+ Brand Identities across Diverse Industries PAN India
• 24/7 Expert Support to Resolve all your Trademark-related Queries
• Backed by a Network of Experienced IP Professionals
• Quick & Hassle-free Process for Brand Name Registration in India
• Online Trademark Filing Assistance, Accessible from Anywhere across India
• End-to-end Legal Support from Trademark Search to Final Registration
• Advisory on Trademark Class Selection to Ensure Accurate Protection
• 99% Approval Rate in Trademark Applications, Reflecting our Expertise
• Transparent & Competitive Pricing with Zero Hidden Charges
• Post-registration Support for Renewals, Oppositions, and Enforcement