How to register my Brand Name | Here's Why it is Important

 

A brand says a lot about a company and the products and services it offers. As a result, brand registration or trademark registration is required for all types of businesses. When it comes to how to register my Brand Name for businesses or people, it is a process that requires the assistance of a few skilled and well-trained trademark professionals familiar with the law and rules.

 

4 Steps to Register your Brand Name

 

Step 1: Conduct a trademark search (time needed: 4-5 hours)

A Trademark search is important to find if your brand name or logo is comparable to any previous trademark registration. 

For this purpose, the trademark agent or attorney will check if any similar trademarks have previously been registered in that class. 

The two sorts of searches are online and offline searches. We recommend that you perform both searches. 

Meanwhile, your agent offers quick and cost-effective trademark search tools that are powered by accurate technology and may execute custom trademark search parameters before trademark registration online.

 

Step 2: Documents and class Search (5-6 hrs)

The next step is to select the appropriate trademark class for your business. 

It is critical to select the correct trademark class, as incorrect classification might delay the registration process. 

If a business's operation comprises a variety of items or services that fit under several trademark classes, you can file multiple trademark registrations.

Trademark registration is an important aspect of every company's branding strategy. 

The beneficiary gains various advantages by registering a mark in a certain trademark class. 

Not only will you have exclusive rights to the mark, but it will also make it easier for businesses to expand their brand.

 

Step 3 - Apply for Trademark Registration

If your business name/logo is deemed to be unique, the trademark attorney will create a trademark application based on the findings of the search. 

As soon as you fill out the form for a trademark application, you may start utilizing the TM sign. 

The registration application form is Form TM- A, which can be either filed online through the official IP India website or physically at the Trade Marks Office depending on the jurisdiction of the trademark.

The application for trademark registration has to be supported with multiple documents, furnishing complete details of the trademark for which the registration is sought. 

Moreover, in case the applicant is claiming prior use in the trademark, then a user affidavit has to be filed, supporting the usage along with the evidence of its prior usage.

 

Step 4: Register your trademark: (time needed: 8-24 months)

Individuals, startups, and small businesses pay Rs. 4,500/- in government fees (Rs. 9,000/- in all other cases), whereas trademark attorneys charge Rs. 3500/- per application per class.

The Trademarks Office will review your application to verify if it has already been taken. 

If this is the case, a trademark objection will be filed, and a response must be filed within 30 days. If there are no objections, it also publishes advertisements in the Trade Marks Journal. 

Furthermore, a third party may file an opposition to your counter-statement during the next two months. 

Your trademark will be registered six months later if no other companies object within the next four months. 

The experts can also assist you in developing a strong objection response and guiding you through the process of delivering the necessary papers and proofs.

 

Important Components of Trademark Application

• The applicant's name and address
• The applicant's citizenship and legal entity
• For future correspondence, a name and address (this does not have to be the same as the name of the applicant)
• A sketch of the desired mark (you can just enter in the name if you're only applying for the name and don't want to include a design element).
• A detailed description of the trademark
• A list of services or items that the trademark application covers.
• The type of service or product
• An example of the mark in use, along with the year it was originally used
• Your or an authorised representative's dated signature
• The correct charge for the type and number of classes included in the course.

 

Types of Trademarks

Trademarks registration online in India can be in a variety of formats, including logo, label, wordmark, and device mark. As a result, deciding whether to register the trademark as a wordmark or a logo is complicated.

 

Word Mark 

A wordmark is the simplest of the other available trademarks, and it represents the brand's name. For example, Jio or Britannia trademarks merely the word, which is a wordmark.

The term is self-registered using a wordmark. After a trademark registers as a wordmark, the applicant has the right to use and represent the word in any format or font. Giving it broader protection, including exclusive rights to the word as a whole. 

Moreover, it can describe in a variety of formats, regardless of style, all goods and services associated with the mark.

 

Logo

A logo, on the other hand, grants the trademark owner rights to a mix of pictures, text, and designs when viewed as a whole. 

For example, Nike and Adidas. Furthermore, if the business logo is unmistakably recognisable by viewers/customers, the applicant should obtain a trademark for that logo.

Because the rights in a logo are only lawful as a whole. 

The shield for the words in a logo mark limits comparing to normal word marks. 

Thus, registering a trademark as a logo would be appropriate if a person wants to register a distinct designed appearance or a union of stylized text and design.

 

Mark Composite Logo

In most cases, a company's brand name consists of both words and logos. 

For example, Jack & Jones (a multinational garment company) has a complex logo composite mark that includes even the location of the company's label on the back of its pants. 

In such cases, filing the trademark as both a wordmark and a logo is the best method to protect intellectual property. However, because several trademark applications are costly, it is generally advisable to register the trademark as a wordmark.

 

Why Should You Register Your Brand?

• Your company's trademark would be a valuable asset and increase its goodwill.
• If you have a registered trademark, you can prevent others from using your company name/logo in relation to the goods or services for which it is registered.
• A trademark, like any other asset, such as real estate, can sell, licence, or assign.
• It ensures that goods and services are traceable back to their source.
• It pushes people to buy more.

 

Is it compulsory for your company to register the brand name?

It is not necessary for your company to register a brand name right away.

When registering a trademark, you must typically be able to demonstrate "use in commerce." It means you must be able to establish that it is in use before you can register it. 

There is, nevertheless, the option of filing an intent-to-use (ITU) trademark application.

If you choose to pursue an ITU trademark, you must still demonstrate your use of the mark in commerce by completing the documents. Also, pay the additional fees within the timeframe before the mark registers.

There are just three time periods in which you can claim commercial use:

• Prior to publication permission
• Within six months of receiving the notice of allowance (NOA)
• Within given extension time