Register a Brand Name

How to Register a Brand Name

Online Legal India LogoBy Online Legal India Published On 17 Apr 2024 Category Trademark

In today’s generation, every business owner wants to grow their business into a brand. You also must know that building a brand is not so easy! Those who run their business cannot able to transform their business into a brand. Turning a business into a brand takes a lot of time, patience determination and your business recognition. 

Wondering about how to get your business recognized?

Registering your business is one of the initial steps to get your brand recognized. The answer is through brand recognition. In this blog, we will look into how to register a brand, its advantages and many more. Nowadays it is almost accepted that a unique brand name and a unique brand logo are most important to make your business a brand. The way to register your brand name is through a trademark.

Now, you may wonder what a trademark is, let’s go through that also:

What is a Trademark?

A trademark is a sign, expression and a unique symbol that identifies and differentiates your goods or services in the marketplace. It’s not just a logo or a brand name service in the marketplace. It's more than simply a name or logo—it's a weapon that shows your consumers the unique service or products that your company delivers.

 The Significance of a trademark lies in three key areas:

  • Legal Protection, Brand Identity and Market Positioning. A trademark serves as
  • The recognized face value of your brand, gains consumer’s trust and loyalty
  • It provides you with every rights to use the identity of your brand
  • You are entitled to take legal action against unauthorized use of your trademark.

You can register your trademark in two ways:

  1. Offline that is through Physical filing.
  2. Online that is through E-filing.

If you want to file a brand name registration offline, then you have to register through the Office of the Trademark Registry from the concerned jurisdiction and e-filing of the trademark is more sensible in recent times.

Now let’s look at the Benefits of brand name registration:

There are many advantages of trademark registration, now let’s look at some of them.

  • Total rights to use the trademark as a whole.
  • The registered trademark owns the value of a brand.
  • Protecting Business reputation.
  • Provides its owners with legal protection.
  • Easy to attract advertisements and strong public relations.

Documents that we will require while registering a trademark:

  • Applicant proof required
  • Logo, Name and slogan are required
  • You need documents showing Trademark use proof
  • Power of Attorney
  • An affidavit is required stating some particular user data

Now, let’s dive into the process of Brand name registration:

Before you go through the steps, about how to register your brand name- make sure you have the above-mentioned documents handy. Now let’s get back on track that is the procedure.

Register on the official Trademark portal:

The initial step of registering a trademark is to register yourself into the account on IP Inia (Official Trademark Registry portal). After logging in to the official portal of the Trademark registry, you can log in using your credentials that is (User-ID or the Digital Signature). 

Search for Trademark:

The second step for registering your trademark is to have a trademark search to look at whether the name of the business, logo or brand is the same or similar to any other brand or other. If any other business has a similar logo or name then you can face some disturbance in the trademark registration. Your logo or name whatever you want to register should be unique and should be distinctive.

Trademark Application Filing:

The next step of our guide on how to register a trademark in India is filling out the application. After completion of the Trademark search, if it states that your logo or name is unique then you can proceed with the further process of filing the application at the concerned Trademark registry. 

  • Firstly, you need to fill out the registration application for the trademark in the prescribed manner along with the relevant documents.
  • Secondly, you need to file the application with the concerned government fee for registering the trademark.
  • Thirdly, after applying the concerned applicant can start using the symbol (TM).

After you complete the Trademark application, the concerned trademark department will go through your application and will review that, to see if any discrepancies arise out of that or not. If everything is okay and good to go then the trademark department sends the application for examination. If any discrepancies arise then the concerned department will ask you for clarification. It is essential to keep track of your trademark application to keep an observation regarding the status updates regarding the application.

Trademark Application Examination:

The most crucial stage in the trademark registration process in India is the "Examination of the application." The trademark registry employs qualified examiners to handle the registration examination process for brand names. The Trademark Registry publishes an advertisement regarding the brand name in the trademark journal whenever all requirements for trademark applications have been satisfied. If there are any problems, the application is processed as "objected under absolute grounds of refusal" or "objected under relative grounds of refusal." Any disputes or objections made in relation to the trademark application must be resolved by you within a certain amount of time.

Show Cause Hearing (If any objection arises):

A trademark hearing on the topic may be held by the Trademark Registry if the response to the examination report is deemed unsuitable. During the hearing, the applicant will also have the chance to present the brand name in a way that the trademark officer finds unusual and distinctive. In addition to being uploaded to the portal, the notification of the trademark hearing will be sent to the address specified in the application. To present the reasons in support of the brand name application and ask the hearing officer to approve the application's advancement through the trademark procedures toward brand name registration, the applicant must appear in person or through their representative or attorney.

Trademark Publication in Journal: 

After the examination is completed successfully, then your trademark will be published in the Trademark’s Journal. This is a long period of four months during which the application for brand name registration remains open for the opposition to oppose if your mark matches with any other mark, then the concerned owner of that particular mark can oppose the trademark registration. If any opposition is filed by the opposite party then it will go to the hearing process that will be conducted by the registrar to make notice to file the relevant documents that substantiate the ownership of that particular mark. Considering the facts and documents the registrar decides who should get the registry of the trademark.

Registration & Certification of Trademark:

After the publication of the trademark journal the application for brand name registration, the registry of trademark issues you with a certificate of registration under its seal. The Trademark registry enters all the details of the registered trademark into the Central Register of Trademarks. 

You can use the (R) symbol when the trademark registry registers the trademark application into their name. This is the final step, in how to register your brand name.

What is the total time that can be taken to complete the whole process?

Already, our guide on how to register a brand name in India, you know how to go about brand name registration in India. The full trademark registration process can take up to 6-12 months to complete. The brand name that you have registered for yourself will remain valid for an unlimited period of time subject to time renewal of the registered trademark. Just keep the things that we discussed above in mind, the logo or the brand name of the entity should be unique and distinctive.

Cost and Fee of Brand Name Registration:

Brand name registration carries mainly two types of costs, which are Professional fees and Government fees. The government fees depend upon the business structure of the company or entity that you want to get your brand name registered. The fees are not constant it depends upon the business structure as discussed above. So, it’s better to have a consultation with the Trademark registry service provider.
Conclusion: 

It is mandatory to register a brand name or trademark in India, thus understanding the process of registering a trademark in India is crucial. In the era of the Internet, brand awareness has multiplied. Without brand name registration, though, this visibility can quickly result in someone else stealing your brand name or logo and abusing it!

Brand name registration can be completed quickly and easily with expert assistance. You can contact Online Legal India as they have vastly experienced and knowledgeable legal professionals to make sure your brand name registration falls under the right class. The experts of Online Legal India can also assist you in streamlining and simplifying the processes involved in registering your brand name. Thus, register your brand name right now to protect it. The expert professionals of Online Legal India has served a lot of clients till now and most of them are happy with the services they got.


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