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How to register a trademark for your brand

How to register a trademark for your brand

Legal & Compliance

Jyothi Karthikeyan Karthikeyan

Jyothi Karthikeyan Karthikeyan

31 May 2018, 09:30 — 4 min read

Summary: Your business brand determines how customers perceive you and establishes your identity. Registering a trademark for your brand is therefore vital to protect your brand and puts you on a sound legal footing. Read more to find out the steps to register a trademark for your brand.

 

Before we start, what exactly does trademarking a brand name mean?

 

Trademark registration of a brand name means nothing but brand name registration. It basically implies, “This brand name is ours! And if you decide to use it to sell your products, we can sue you!”

 

In India, you can trademark any of the following or even a combination of these things:

 

Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a combination of colours.

 

So, what is the procedure of registering a trademark?

 

Step 1: Search for a ‘unique-enough’ brand name

Come up with a unique and perhaps even quirky brand name, because most likely all the generic ones are taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name. And your best bet would be to use invented or coined words, in a combination with generic words.

 

Step 2: Filing Trademark application 

Now that your name is finalised upon, fill in the trademark application. The application costs (government fees) INR 4500 and is a one time fee.

 

Along with the application, you will need to submit a couple of supporting documents:

 

1. A business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.

 

2. An image of your brand logo in a standard size of 9 x 5 cms

 

Step 3: Examining the brand name registration application

After receiving the 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, quirky brand name, people!

 

Step 4: Publication in the Indian Trade Mark Journals

After examination, the logo or brand name is published in the Indian Trade Mark Journal.

 

The whole process of registration of a brand name usually takes anything between 2-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.

 

Although the process of registering a trademark is lengthy, it is definitely worth the investment of legally protecting your brand.

 

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Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views, official policy or position of GlobalLinker.

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