Registering a Brand or a Trademark Can Be Very Easy
It is only intuitive that when you sell a product, it should come with a brand. Otherwise, people will have a hard time recognising the product when they need to repurchase it. Even that, a brand should be as unique as the product. The product may come with specific features that make it extraordinary and likeable. Thus, a brand mark will do the product justice for its future, with tens and thousands of products sold in India, registering a brand as a trademark is necessary and worthy for the business. Hence, learn more about it in this trademark registration guidelines in India.
Trademark for Futureproof
Most micro-business could attain better markets if they were to register their product brand or company brands. Once it is registered, the brand can legally be in trade without worrying about other companies disputing the brand of products. The trademark registration process is straightforward. Come prepared with the designed brand mark, do a mark search, if needed and pay for the fees. Trademarks are renewable every ten years. As long as you renew it every expiry, a brand can last forever. But to ensure you know what you are doing, let’s get into the details of India’s trademark registration guidelines.
Feature of a Trademark
In India, the process of trademark registration is so convenient that you can trademark any of the following things or a combination of the following:
- Letter – If you design a brand using stylised lettering, then register it, and it is yours to keep.
- Word – You may have coined the perfect new word that describes your product.
- Number – Probably a given, select date to commemorate
- Phrase – Slightly more than a word, it becomes the talk of the town.
- Graphics – Designed specially to suit the product or company
- Logo – A recognisable identity of a brand
- Sound Mark – You product has a jingle or a bizarre sound that makes people identify easily
- Smell or mix of colours – Even the scent of a product can be trademarked.
- The chosen trademark will be used to represent your company. So be wise and create a brand that is identifiable yet exclusive and not easily copied.
The trademark registration guidelines in India begins after you have chosen your trademark.
The trademark registry body in India functions as the operation body of the Trademark Act 1999. It also implements the rules and regulations of trademark law in India. Any trademarks bound for registration, it will be registered under the Trademark Act, 1999. During this process, the Registry will review whether the registering mark meets all the Act’s conditions before recording it.
Whoever that applies to register the trademark, will be the owner of the trademark. It can be an individual, an India company or an LLP. As a company, clearly define who owns any trademark as it can lead to future disputes if the trademark was applied for registration by an individual from the company.
Goods or Services Class
Within the trademark registration, there are currently 45 classes of goods and services a trademark can register. Classes from 1-34 are for goods, and 34-45 are for services. If your brand could cover both and you may be confused about which class to choose, please contact us for advice.
Search a Mark
You think you may have a unique mark. Think again and start doing a mark search. Start with the Controller website of general patents, designs and trademarks. There is an option for a public inquiry. Click on the class of choice and begin searching the online database. If you do not fancy this method, you may engage in legal service, which may cost you less in the overall process. It will search for you and defend your trademark if any disputes arise.
File an application
There are two ways to do this. One is to file under one, specific class. Hence, you will not register your trademark for other than the class you chose initially. Another way is to file under multiple classes or series of trademarks. The fees for filing under multiple classes vary whether you are a company or an individual. You may apply online or in person, by yourself or by an agent. The Registry can confirm the filing immediately if done online but may take up to two weeks if filed in person.
Online Trademark Registration Process
- Browse the internet for a quirky brand name.
- Prepare trademark application – Get ready with a business registration proof, trademark in soft copy, proof of claim another country allows using the mark and power of attorney signed by the applicant.
- Applying – Upon immediate receipt of an acknowledgement, you can use your trademark ™ symbol beside your brand name.
- The Registrar examines your trademark and checks if it complies with all existing laws.
- After the review process, the registrar will publish your trademark in the Indian Trade Mark Journal. If there is no opposition within three months from the publishing date, your trademark is suitable for registration.
- The registrar then registers your trademark and send you the Registration Certificate with the Trademark Registry seal. From this day onwards, you can now officially use ® at the end of your brand.
Straightforward and Simple
The only complicated segment of this process would be deciding on the brand name or design to register as a trademark. Everything else is downright easy. Thus, we hope our trademark registration guidelines in India will help you in more ways than one.