CALL NOW +91 – 8800110989 Brand registration is an important aspect for any business who wants to safeguard their intellectual property rights and broaden its market reach. Naming and shaming – be the registered owner of your brand name, logo or any special marks to give the company legal rights towards its identity, credibility. Exclusive rights for registered brands allowing them to enjoy the competitive advantage and right for legal action if required due to infringement. It not only saves the brand from any scandals but also makes the brands more valuable as intangible assets.
Registration of brands in India is managed by the Trade Marks Act, 1999. The act provides a legal frame for registration and protections and enforcement of trademarks! Trademark search is performed and upon confirmation of uniqueness, the application for registration to the Trademark Registry Once the examination is done properly and the trademark gets published successfully, then it Gets registered where it gives rights to its owner for ten years meanwhile has unlimited renewals option. This strong legal foundation helps businesses in their domestic branding as well and makes the international standardized protection (e.g., through Madrid Protocol) necessary for any company interested in working around the globe.
Understanding the Brand Registration
Brand helps in generating unique identity for businesses in a competitive market where they are competing with others who offer similar services and products. The brand works as a differentiator between them and those others who are competing with them. A brand can be recognized by the use of names, logos, symbols, designs, or a combination of these elements. A brand plays a crucial role in building the trust among the customers which further leads to brand loyalty.
Legal Implications of Brand Registration:
Exclusive Rights: The business owner with brand registration can get exclusive rights to use the registered brand which could be the name, logo, patter, sound and any other distinct element.
Legal Protection: The owner with brand registration gets the legal protection against the unauthorized use of the brand and provides them with the ability to sue the person or entity with unauthorized use or infringement.
Deterrence: A registered brand works as a deterrent to imitators and unauthorized users as they become wary of legal actions that can be taken against them.
Market Expansion: The brand registration helps in global market expansion as it provide the brand owner the registration in international markets through treaties.
Process of Brand Registration in India
The owner of the brand needs to consider some important things before deciding to register a brand in India. The owner must understand what element they want to register as a brand like name, logo, slogan, or combination of these. And before proceeding they must also determine the class in which the goods and service they offer will fall in.
Conducting a Brand Search: This is the first and foremost thing before registering a brand. Do some research to make sure the brand you want to register is available and not already taken by someone to avoid any future trouble. You can perform the search on the official government portal https://ipindia.gov.in/trade-marks.htm.
Choosing the Appropriate Class: Brand registration in India follows the NICE classification set by World Intellectual Property Organization, under NICE classification goods and services are categorized in 45 classes, understanding the classification and selecting the appropriate class is crucial for legal protection against unauthorized use.
Application Procedure: The application for the brand registration can be submitted by either online and offline mode whichever suits you better. Usually the online submission method is preferred as it is faster and convenient and provides acknowledgement instantly after processing the application while in offline mode you would need to make a physical visit to the relevant government office for submission.
Documents Required for Brand Registration:
The following documents should be submitted for brand registration in India
Application Form: Completed Application form.
Identity Proof: Aadhar card, passport, or driver’s license for individuals; certificate of incorporation for companies.
Brand Representation: Clear representation of the brand (graphical or text format).
Proof of Address: Utility bill, bank statement, or rental agreement.
A Specimen of the Brand: Actual use specimen (label, tag, packaging, etc.).
Power of Attorney: If filing through a legal service, a signed power of attorney.
Priority Document: Certified copy if claiming priority from a previously filed application.
Authorization Form: If represented by an agent, an authorization form signed by the applicant.
Proof of Claim for Special Status: Documents supporting special status claims (startup, small enterprise, etc.).
Proof of Brand/Trademark Use (if available): Documents proving use in commerce, if applicable.
Filing of The Application: Submit the complete and duly signed application along with required documents.
Payment of Applicable Fee: Now to complete the submission process pay the requisite government fees.
Examination: Your application will be reviewed by the relevant authority to ensure compliance with legal requirements and checks for any conflicts with existing trademarks. An examination report is issued, highlighting any objections based on absolute or relative grounds.
Responding to Objection: If an objection arises you must respond to the objection respecting the timeline mentioned in the notice. In the response the owner must address the objections and provide arguments in support of brand registration.
Publication for Opposition: The brand will be published in an official gazette, allowing third parties to oppose the registration if they believe it infringes on their existing trademark.
Registration: If there are no oppositions, or if oppositions are resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued.
Duration and Renewal of Brand Registration in India
A registered brand is valid and available to the owner exclusively for a period of ten years from the date of application, ensuring legal protection and recognition during this timeframe.
Renewal of The Brand Registration: The brand owner must renew the trademark whiting the stipulated time as prescribed in the law of trademark act 1999. For renewal they simply need to submit the renewal application.
Time Frame for Brand Renewal
Early Renewal: Under the early renewal the process can be started 6 months before the expiry date.
Late Renewal: Indian trademark act allows 6 months grace period for owners to renew their brand, the brand owner can start the renewal process within 6 months grace period.
Payment of Fees: The brand owner must pay the renewal fee at the time of renewal application submission.
In case the brand owner failed to file renewal application within the stipulated time frame this will result in registration removal leading to the loss of legal protection against unauthorized use.
Common Challenges in Brand Registration: The common challenges in brand registration includes the similarity or the availability of the brand. If you are venturing into a highly competitive market there are high chances that the brand is already taken. If the brand chosen for registration has similarity with any existing brand then it can create confusion resulting in rejection and refusal. Another common challenge faced in brand registration is third party objection after the brand publication in a journal. If an opposition is filed, it can significantly delay the registration process as it involves additional steps.
Conclusion: Brand registration is a very critical part of any business, it helps your business give a distinct identity and provide protection against unauthorized use. It helps in building trust among the customers which leads to brand loyalty. The legal protection provided by a registered brand helps businesses in global expansion. Considering the criticality of the brand registration it is recommended to take help of a qualified professional.
Insaaf99 an online legal consultation platform allows you to hire the services of legal experts with experience and brand registration and intellectual property law from the comfort of your home. Secure your brand effortlessly and ensure your brand stands strong in the market. Contact us now to get started!
Frequently Asked Questions Related to Brand Registration
How to register a brand name in India online?
For registering the brand name in India online, you need to visit the official government portal (https://www.ipindia.gov.in/) and submit online application with required documents and applicable fee, you application will be reviewed, if the brand name is available, it will published in the government general for any objection, if no objection found brand name registration will awarded to the applicant.
Why should I register my brand name?
Registering your brand name provides legal protection, exclusive rights to use the trademark, enhances brand credibility, and prevents unauthorized use or infringement.
How much does it cost to register a brand name in India?
The government fee for registering a brand may vary between 4500 to 9000, the registration fee depends on the type of applicant and the NICE class under which brand name has been applied.
Individual/Startup/Small Enterprise: ₹4,500 per class
Company: ₹9,000 per class (as of May 24, 2024)
How long is a trademark registration valid in India?
A registered brand is valid and available to the owner exclusively for a period of ten years from the date of application, ensuring legal protection and recognition during this timeframe.
