Brand Registration Process | Ways to Protect your Brand Identity?

 

The internet has brought the entire world together and given businesses access to new markets. Businesses are no longer bound by location and can swiftly expand into new areas all around the world. 

 

The fast growth of firms into new markets, along with the rising expense of advertising has demanded the protection of brand names. 

 

In this essay, we'll look at how to protect your brand name and register your brand in India.

 

A brand can be a company name, a domain name, a product name, a slogan, a logo, a word, a design, or any other attribute that identifies one product or service from another. 

 

All businesses that manufacture items or provide services need to have a strong brand. 

 

In India, brand registration entails several steps, including domain registration, business name registration, trademark registration, and copyright registration, as detailed below:

 

Registration of a domain name

As more people look online for businesses, products, and services, branding begins with domain registration. 

 

All businesses now demand an online presence, and it is critical to secure the required domain name for the business. 

 

Moreover, that is synonymous with the brand name. 

 

Because it is both inexpensive and quick, domain name registration is the initial step in brand name protection or registration. 

 

As a result, it is critical to first register the domain that will be associated with the brand registration.

 

Because the majority of popular domain names ending in.com or.net have already been taken. 

 

A company may have to settle for a domain ending in .in, .co.in, or another comparable extension. 

 

Google Domains or GoDaddy can be used to look for available domain names.

 

Registration of a company

The selection of a business name is the first step in the branding process for new businesses. 

 

The legal name of the entity is reflected on the business's bank account, tax registration, legal documents, and employment contracts, among other things. 

 

The business name does not have to be the same as the company's brand name or website. However, having a business name that is comparable to the domain and brand name is advantageous. 

 

Makemytrip is an example of a company name that matches its brand name; the brand name Makemytrip matches the company name - Makemytrip Limited.

 

After deciding on a brand name, the Entrepreneur can look for available names using the Ministry of Corporate Affairs' Company or LLP Name Check facility. 

 

It's vital to remember that any proposed business name that is similar or identical to that of an existing company, LLP, or trademark will be rejected by the Ministry of Corporate Affairs. 

 

To learn more about company or LLP name procedures, read the article on Company and LLP Naming Guidelines. 

 

Registration of Trademarks

The only registration that provides complete brand name protection is trademark registration online. A trademark can be used to protect a brand name, a company name, a slogan, a logo, or a design, among other things. 

 

As a result, companies who plan to spend a lot of money on branding or promotion should register their trademarks. 

 

A trademark registration application must be filed under one or more trademark classes that relate to the goods or services that the business will sell. 

 

The article on how to conduct a trademark search in India explains how to conduct a trademark search in India in depth. 

 

 

The TM symbol can be placed next to a trademark after it has been filed with the Trademark Registrar. 

 

Trademark registration, on the other hand, is a lengthy procedure that can take up to a year. 

 

As a result, a trademark registration application must be filed as quickly as possible, and the application must be followed until the brand is registered. 

 

The ® symbol can be placed next to the brand once it has been registered to alert others that it is a registered trademark. 

 

In India, trademark registration is one of the most crucial aspects of brand registration.

 

Registration of Copyright

Literary, dramatic, musical, and aesthetic works, as well as producers of cinematograph films and sound recordings, are entitled to copyright registration and protection. 

 

If the brand has a distinctive mark with artistic qualities, the business's logo might be copyrighted to gain further brand registration under the law. 

 

Logos that aren't extremely distinctive or don't have any creative qualities are usually not copyrighted. 

 

Starbucks Coffee's logo, which has unique and creative elements, is an example of a copyrightable logo.

 

A copyright application for a logo must be submitted to the Copyright Office in the required format. 

 

The process of registering a copyright is usually faster than that of registering a trademark. 

 

As a result, firms who need a speedy brand registration can apply for both a trademark and a copyright registration.

 

What documents are needed to fill out an application for brand registration in India?

To file an application form in India, specific documents are required for each application, whether it be a patent registration or a copyright registration. The following documents are available for download:

 

• A trademark or a replica of a logo.
• To be registered are goods or services.
• The date on which the trademark was first used (In case you are using it before applying).
• The applicant must sign a power of attorney.

 

What are the benefits of registering a brand in India?

Even the largest corporations, such as Coca-Cola, Siemens, and Apple, use trademarks to safeguard their brands. The following are some of the benefits of registering a trademark in India:

 

Exclusive licences

The Trademark Act grants the holder exclusive rights to use the mark in connection with the goods or services covered by it. The registration is important due to the powerful remedies against unlawful use. A proprietor can sue for infringement and seek extremely significant remedies such as interdict, delivery of infringing goods, and damages.

 

Security

One thing you should be aware of is that trademark registration in India can be used as collateral. In the same manner that physical property can be bonded, a registered trademark can be pledged as collateral to secure lending facilities.

 

Intangible Assets

One of the advantages of trademark registration is that it creates a legally recognisable intangible property. Trademark registration is a value store of a product's goodwill or reputation.

 

An unregistered trademark will never exist on its own; it will always be a component of the business's goodwill and will always be associated with it. As a result, the only option to obtain a common law trademark is to purchase the company as a continuing concern. Trademark registration online, like any other asset owned by a person or an organisation, can be transferred.

 

Licensing

The registered trademark can, of course, be licenced. Furthermore, the trademark register shows that the licensee has been granted the authority to bring legal action in the event of an infringement.

 

Assignment

A trademark can be transferred, however, a common law trademark, which can only be transferred with the business, cannot.

 

Deterrent

It discourages other businesses from utilising trademarks that are similar or identical to yours concerning similar goods or services. By utilising the sign ®, you alert others to your rights. Others, on the other hand, can find a registered mark by searching the official register before deciding to use a particular name.

 

Use in Court Cases

Trademark registration is prima facie evidence of the registration's validity, and thus the rights conferred solely by registration. Until and unless the contrary is proven, a person's registration as the proprietor of a trademark is evidence of the validity of the original registration of the trademark, according to legal proceedings.