How To Register A Trademark For A Company Name

As an e-commerce platform helping small and big brands, start their own company with their self-made brand that we use, regularly come across entrepreneurs asking us how to register their brands as trademarks, which is why, today, within the course of this blog post, we'll take you through on how to defend your brand's reputation, by way of registering your brand as a trade-mark.

Earlier Than We Begin, What Accurately Does Trade-marking A Brand Name Indicate?

The trademark registration of a brand name means hold-on the brand name registration for your particular services and products. It effectively means that this specific brand name is dedicated explicitly to us. And if you brazen out to use it to publicize your products or services, we can take legal action against you.

In India, You Can Trademark Any Of The Following Or Still A Mixture Of These Things:

Word, logo, colour, graphics, sound mark, letter, colour, number, logo, etc

So, what is the course of action of registering a trademark?

Step 1: Search for a “Unique” Brand Name

Yes, that's only the main point? Come up with a unique and idiosyncratic brand name, because all the generic ones are any which way taken. Before zeroing in on one name, you might desire to do a quick search to make sure that no one else is already using it. And your best bet would be to use invented or coined words, in a grouping with common words.

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Also Read- How To Register A Trademark For A Company Name

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Step 2: Making The Trademark Application

Now that your name is finalized upon fill up in the trademark application i.e., Form- TM 1. Along with the application, you will need to submit a couple of supporting documents with the nominal fee:

1. A Business registration consists of: Depending on what kind of a registered business you have, say sole proprietorship, etc. you will require submitting an identity proof of the directors of the company and an address proof.

2. The brand image logo is of standard size 8 x 4 cms

3. If applicable, proof of claim of the projected mark being used earlier than in a different country. 

Step 3: Brand Name Registration Application Form Filling

Online E – filling and manual are the two types of registrations into the trademark

In case of physical filing, you will be required to individually walk down and submit the application for registration to someone of the offices of the Registrar of Trade Marks situated in Mumbai, New Delhi, Calcutta, Chennai, and Ahemdabad. After that, you get the proper acknowledgment of the application and the receipt of the application, generally within 15-20 days of the filing.

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Also Read- Document Required For Company Registration in India

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But in the e-filing system, the acknowledgment of the application is issued immediately.

And once you get the authorization to your brand name, you can start using it as your brand name.

Step 4: Investigative The Brand Name Registration Application

Subsequent to the acceptance of your application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. That’s why we said, individual brand name, people!

Step 5: The Indian Trade Mark Journals Publication

After assessment, the logo or brand name is published in the Indian Trade Mark Journal. If nobody claims an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name continues to recognition.

Step 6: Issuance Of The Trademark Registration Certificate

If no one raises any opposition, within the stipulated 90 days period, the Registrar admits the trademark application. Then they present a Certificate of Registration under the seal of Trademark Registry.

You may now be authorized to utilize the registered trademark symbol (®) subsequently to your brand name, once the certificate has been provided.

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Also Read- How To Register Private Limited Company? A Complete Guide

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Trademark the entire process of registration of a brand name usually takes something between 15-18 months.  Once after the establishment of trade mark, it is valid for the next ten years from the date of issue of the certificate of registrations of the company. After the period of 10 years, the trademark will need to be renewed.

However, if you are just starting, investing in a trademark may not be extremely essential. What matters most is creating remarkable products and putting in all the time and challenge into building your brand, from the ground up. But, there still is another cheaper alternative to lend you lawful protection besides being copied – an unregistered trademark. Do ask your lawyer about it!