People devote a significant amount of their time and consume a considerable amount of coffee to finalise a brand name or logo that is unique to their business, products, or services. It is critical to protect the value of a unique brand and logo. For registering a brand name, one has to apply for the trademark.
Registering a trademark is a simple process completed in just a few simple steps.
What is a brand name?
A company’s brand name is the moniker it provides to its products or services. Even the name of the company might be a brand name. It assists customers in identifying the company’s products or services and distinguishing it from its competitors.
Origins of the use of the brand name
Branding is a century-old technique that is widely in use even today. In the past, merchants marked farm animals with their unique symbols before taking them to the flea market.
In the United Kingdom, the Trade Marks Act of 1938 established the first registration system based on the “intent-to-use” premise. The Act also established a mechanism for trademark applications. The first trademark to be registered under the Trade Mark Registration Act 1875 was the Bass Brewery’s label, which included its triangle logo for ale.
Fact: In 1876, the Bass Brewery logo became the first image registered as a trademark in the UK.
What is the importance of a brand name?
Loyalty: A company’s or an individual’s brand name is one of the essential aspects of their success. A brand’s customers expect its items to be of high quality. Quality and standardised experience create customer loyalty towards the brand.
Edge over competitors: A well-known brand name will provide the organisation with a competitive advantage. A reputed brand will sell more than an identical product from a new brand.
What is a trademark ?
Trademarks are intellectual property rights that prevent the illegal use of any registered brand, name, logo, or phrase. They also restrict other companies or individuals from profiting from your brand name without your authorisation.
Difference between trademark and brand name
There is a fundamental difference between brand name and trademark: Brand name is not protected by the law, whereas the law protects trademark. So to protect your brand name, you have to register it as a trademark.
Validity of a brand name registered as a trademark
A trademark is valid for up to 10 years, but its renewal is also mandatory after every ten years if the owner seeks protection for another term. Over a period of time, the brand name can become well known and is considered the company’s property.
Who can apply for a trademark?
Any individual, as well as the company, can apply for their brand’s registration as a Trademark.
How to register your brand name as Trademark in India
The Controller General of Patents, Designs, and TradeMarks registers trademarks in India. A trademark can be registered offline (physically) or online through E-filing.
Steps for trademark registration in India
- Register on the trademark office portal (in case of E-filing)
- Conduct a trademark search before filing the trademark application
- File your trademark application
- Trademarks application examination
- Publication in the Indian trademark journal
- Trademark registration certificate issued
Register on the trademark office portal (in case of E-filing)
The application can be registered online via https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx. After completing the registration process, the user can log in using either their User ID or their digital signature.
Conduct a Trademark search
Before applying for the trademark, it is essential to search for the already registered name, symbols, or logos. That might present problems to the applicant if the registered trademark name, symbols, or logos are similar to what you are applying.
Class search
It is essential to identify the category of the brand under which you want your brand to be registered. Classes are used for the same reason. There are 45 classes, in which classes 1-34 are for products and goods; classes 35-45 are for services.
Filing trademark application
If your brand name is not already in use by others, you can apply for it. Fill the form with all the required details and documents for the application.
Applicants will also be charged a fees of rupees 4500 if the applicant is an individual, small company, or a start-up. If the application is a company or corporation, then the applicant will be charged a fee of rupees 9000
For complete details on the fees structure, you can visit Ipindia.gov.in.
Status of application
Once you file the application, you will receive a receipt with the application number in it. You can check the status of your application from the provided number.
If already applied, you should keep checking the status of the application, as some action might be required during the process.
Also, after the successful filing of the application, you can start using the “™” with your brand.
Trademark application examination
Once the application is filed, the application proceeds to the next stage. In this stage, the application for the trademark is examined, and if the application passes the examination, it will get published in the Indian trademark journal.
If any objection arises during the examination, it needs to be resolved within the required time frame.
Publication in the Indian Trademark Journal
Once the application passes the examination by the examiner, it will then get published in the India trademark journal. Also, after the four months of publication, if no one raises any objection, the process will move on to its final stage.
Finally receiving the trademark registration certificate
Once all objections are removed, the application enters the final stage. The applicant will then receive the trademark registration certificate.
After the registration of your trademark, you can use the “®” symbol with your trademark.
Conclusion
Brand name, or business name, are used to distinguish a business from its competitors. It is also a promise of certain quality and standards as offered by the company. Protecting a brand names allows a business from stopping other from using it for counterfeit products. A brand name, or logo can be protected by registering it as a Trademark.