Can you Trademark a Company Name | All you really need to know

 

The name and logo of a company help to differentiate it from other competitors. But, can you Trademark a Company Name?

It is a trademark symbol that distinguishes an enterprise's goods and services from other similar services available in the marketplace. 

Customers recognise and trust a company's name and emblem. Thus, most businesses file for trademark registration online.

In the world of business, competition is unavoidable. Only by strategically implementing company policies and plans that provide you with an advantage over your competition can you achieve success. 

 

7 Steps to Trademark a Company Name

 

1. Choose a distinctive brand name and logo.

How many steaming hot coffees would you need to come up with a unique name for your company? 

It may appear simple, but believe me when I say that you will have to use your brain for this one. 

Your business name cannot be trademarked with a simple term from the English lexicon that describes your service or product. 

For your business, the trademark should be distinctive and unique.

 

2. Perform an internet search

Even if done inadvertently, trademark infringement can result in substantial legal consequences. 

As a result, it is critical to conduct an online search to ensure that your company's trademark name and logo have not been used elsewhere.

The Indian Controller General Of Patent Designs and Trademarks is in charge of trademark registrations in India. 

To access an online trademark search database, go to their website. You can perform the search on your own or hire an expert to assist you. 

A directory of trademark and patent attorneys practising in India is freely accessible online. 

You must enter the following information on the trademark search page:

• You've narrowed down your trademark options.
• Trademark classification (there are a total of 45 distinct classes to choose from.)

Only when the search option says "no match found" can you move to the next step, indicating that your trademark is unique.

 

3. Complete the trademark application form.

You must file to register your trademark after establishing its distinctiveness. Download the Form - TM 1 trademark application form from the Controller General's website. 

The form will set you back INR 3500, which is a one-time payment due at the time of procurement. You must send the following documents with your application:

• If there are multiple owners, identity proof of the directors, as well as proof of address, is required.
• Your product or service description should not exceed 500 words.
• A standard logo image of 9 x 5 cms

 

4. Submitting an application for a trademark registration

The trademark registration application can be manually filed or electronically filed. 

Manual filing entails submitting a trademark application form in person at one of the five Trademark Registry Offices, which are located in Delhi, Mumbai, Ahmedabad, and Chennai. 

After you've submitted your application, you'll receive an acknowledgement within 15-20 days.

E-filing is straightforward, and you will receive a receipt of your application almost instantly.

 

5. Examining your application for a trademark registration

The application is now being evaluated by the concerned authorities to guarantee that your brand name is unique. 

The registrar ensures that the name does not clash with any current or pending trademark applications and that all legal requirements are met. 

This one will be easy-breezy for you if you really tortured your brains to come up with a distinctive name.

 

6. Articles in Indian Trademark Journals

Your trademark name and logo publishes in a reputable Indian Trade Mark Journal. If you successfully navigate all of the previous steps. 

If no opposition to your chosen company name raises within 90 days, or even 120 days in some situations, it's time to celebrate.

 

7. Obtaining a certificate of trademark registration

Your trademark name and logo officially protects if the registrar receives no objections within the time limit. 

Finally, you will obtain a Certificate of Registration with the Trademark Registry's seal.

Woohoo! You've finally finished it. The entire process takes 15-18 months from the time you apply for a trademark to the time you obtain it. 

Your trademark name and logo are legally valid for ten years and can be easily renewed by paying a renewal fee.

 

What a Trademark Can Do for Your Company?

When a corporation or trademark owner applies for trademark registration online, they gain exclusive rights to use the name nationwide in connection with the products and services for which the trademark was registered. This deters competitors from using the name or inventing similar-sounding identities to deceive customers, and it provides you with a legal defence against copycats who engage in such sleazy, underhanded behaviour.

The legitimacy that comes with having a trademark, as well as the ability to use the ® symbol next to a name lawfully, are both compelling reasons to trademark.

A further benefit of trademark authority protection is that it prevents foreign producers from importing and selling goods under the same name.

 

How to protect your Company Name with a Trademark?

The first step in your proactive plan to remain ahead of the competition is to use a trademark logo and name for your business. 

Customers are also impacted by a company's brand name and emblem, according to industry experts. Every business that is official under the Companies Act of 1956 has a distinctive name. Moreover, the logo protects from competitors under the Trademark Act of 1999.

A trademark is a vital asset to a company since it helps to develop client trust in your brand. It aids in the expansion of the company. 

Given that you are aware of the value of business branding and can you Trademark a Company Name.

 

Trademark Limitations 

Trademarks do have some limitations. The trademark authority does not enforce trademarks, despite the fact that it registered them. 

It is your responsibility as the trademark owner to keep an eye out for trademark infringers and take appropriate action against them.

Although there are ways to register trademarks overseas, a trademark only protects your name in India. 

A trademark expires after ten years if it is not renewed. Trademarks are not tax registrations with the federal government and cannot replace state-level business registrations. 

A trademark also only protects your name if you use it for the goods and services on your application. 

You'll need to submit a new application if you intend to expand into different sorts of goods or services.