Brand registration has taken a lot of appreciation from the current business owners who not only want to start a new business endeavour, but also seek to protectively grow and be successful at it. The allure of trademark registration might be due to the recent accentuation of IPs like Amazon, Flipkart etc. However, needless to say there is no denying that the near linear growth of trademark registration in recent years is mindboggling. Therefore, we are here to present you the steps to register your brand in India.
Steps of trademark registration
Trademark refers to any symbol, mark, word or a logo that represents either a product or a service. This mark identifies the progenitor/provider of the product/service. This identity is prone to be being stolen. Therefore, trademark registration exists, and we are here to demystify its process:
- Decide upon what your trademark should be: The first obvious is deciding what your trademark should be. As it can be a name or picture, shape, smell, or anything else, you need to be particular about what you choose. In regards of how you choose it, just take care of following matters:
- The mark should be unique
- The mark should not be offensive to any community
- The mark should not even be deceptively similar to the one that already exists.
- Perform a trademark search: Once you have chosen a trademark, you also need to check as to whether the mark is available in that particular trademark class. This is done through online trademark search.
- File the trademark application: Once you have ascertained that your mark is available, you can move forward with filing of trademark registration application. However, if the mark isn’t available, do some subtle changes to see if it is. File the application would involve the following documents:
- Logo Copy
- COI or partnership Deed
- ID proof of the applicant of Trademark application
- Address proof of the same applicant.
- Submit the application: Submitting the application to the Registrar of Trademarks will start the process of scrutiny to check the status of your trademark application and your trademark. If the trademark application is rejected, you would need to contend with trademark hearing. If the application is accepted, it will end up in the journal of trademarks. During this time, you gain the right to use the TM symbol.
- Waiting period: Until the mark is present in the trademark journal, you would have to wait. This period lasts for 4 months.
- Getting the registration: If there are no oppositions against the publicized trademarks during those 4-months waiting period, you are going to get the trademark registered and garner the right to use the R symbol.
Once you have finally registered your brand in India, you are free to use your trademark in a protective way.