Legalizing Ways to register Your Brand Name in India

Naming a company is as unique as naming a kid; you have to spend days or weeks coming up with a name, make sure it sounds distinctive, and then register it. Therefore, you must trademark your firm if you want to call it after yourself, another person, or something else. We have supplied you with an extensive guideline on brand name registering in India to aid you in doing so.

The Brand Name Conundrum

Choosing an identity for your company can be mentally taxing because, as previously mentioned, you will likely spend a few days or weeks coming up with a unique moniker that will set you apart from the competition. For whatever reason, it is imperative that you register your name in order to prevent others regarding utilizing it and to prevent yourself about using others'. Some people choose to use their family name, while others consult astrologers or numerologists for advice that would help their business succeed.

The product you intend to sell or the business that you are starting is already on the market, therefore naming the brand and registration it could grow quite challenging because there is a substantial likelihood of name duplication. By now, the company may be led by someone with the exact same name that first sprung to mind, perhaps in the same industry or one else. In such instance, it will be you who is violating a registered trademark. Consequently, you need to trademark your brand's name in order to prevent both situations.

Brand? Registration of a Brand Name? Comparable or Distinct?

Despite their frequent interchangeability, there are several very significant differences between the terms "trademark" and "brand."  Since a trademark protects particular facets of your brand, it serves as a distinctive form of identification for you. A brand is the way the world views and understands your company. To put it briefly, trademarking pertains to the registration of a brand name alone, whereas brand registration covers the brand as a whole. 

How Does an Indian Brand Name Get Registered?

The foundation of your plan for outperforming the competition is using a brand name and registration of logo that has been trademarked. Experts assert that company names and logos registration have an impact on consumers, who frequently base their decisions on what to buy on these trademarks. Registering a brand name as a trademark helps build consumer confidence in your company and is an important commercial tool. The following are the seven stages needed to register a brand name in India, including

1. 1. Create a Special Name and Logo for Your Company: The creation of a distinctive brand name and emblem is the first step towards trademarking them. The Trademark Act must be followed when creating the brand's name and registration logo  Sections 9 and 11 are two specific laws that address registrable and non-registrable marks. These parts state that your proposed trademark attorney for the name and registration of logo of your company must be distinct, original, free of any widely used phrases, and make it very clear what services or goods are meant to be used for.
   2. Do a Trademark Search Online: Once you have selected a distinctive brand name, see if it is in the database already. It may cause trademark infringement problems to use a name that is already registered. Since trademark infringement can have serious legal repercussions, avoiding it is not only wise but also necessary. These are the several kinds of trademark search you might run in order to protect your business.

• Send in the application for a trademark: Subsequently, a trademark application for the brand's name and logo registration must be filed. You can file your application for trademark registration electronically or manually. If you file manually, visit any trademark register office to turn in your form in person. You should get an acknowledgment in the next 15 to 20 days. E-filing is easier because applications are acknowledged almost instantly. The price of registering a trademark might vary depending upon the filing type.

1. Review of the Application for Trademark: Following submission, the trademark application you submitted is subject to a thorough examination by the Registrar. By guaranteeing that each new trademark is distinct and does not violate any already-registered or pending trademarks, this assessment procedure is crucial to upholding the integrity of the trademark attorney system.
   1. Mark Distinctiveness: In the course of this review, the Registrar thoroughly examines the details of your application and confirms that your brand name is unique. The proposed trademark is examined by the Registrar against a large database of applications, both pending and in use. This is a comprehensive procedure that takes into account trademarks from all 45 categories of products and services.
   2. Legal Validity: The Registrar confirms the legitimacy of your application in addition to the brand name's distinctiveness. This entails determining if your application complies with India's strict trademark rules by trademark attorney. This assessment encompasses, among other things, verifying that the documentation is accurate, making sure that the class of products or services you have selected is applicable, and assessing how unique the mark is in the sector you have selected.
   3. Examination Report: The Registrar will object to your application if, throughout this examination, they discover any conflicts of interest or legal non-compliance. After submitting the application, you should receive an Examination Report explaining these objections, usually within a month.
   4. Reaction to Examination Report: You have thirty days from the date of receipt of the Examination Report to address each of the objections. This answer—also referred to as the trademark attorney objection reply—is a formal document that refutes the Registrar's objections and offers proof and prior case law to back up your position.
   5. Publication or Cause-Based Exhibition Hearing: The application advances to the following stage, which is publishing in the Indian Trade Mark Journal, if the response is appropriate and resolves all of the objections. A hearing where you or your lawyer can present the facts may be scheduled if the Registrar of Records is not pleased with the response.
2. In the context of trademark registration, show cause: If your written response does not adequately address the objections stated by the Registrar throughout the examination of the trademark application, a show causes hearing is usually set. This hearing is an important chance for you to make your case, refute the objections made, and persuade the Registrar that your trademark application is legitimate. This is essentially your opportunity to "prove" that your suggested brand name along with logo registration are worthy of approval and trademark registration.
   1. Notification: The Registrar's office will send you a notice with the hearing's date and time. You will often receive this notice a few weeks ahead of the scheduled hearing, allowing you plenty of time to get ready.
   2. Getting ready: Getting ready for a show case hearing entails compiling all pertinent evidence, statistics, and justifications. A skilled trademark attorney can assist you in putting together a strong case and creating strong arguments to refute the Registrar's objections.
   3. Presentation: You or the person representing you will make the case through the Registrar at the hearing. During this presentation, you may make oral arguments, provide supporting documentation, and cite relevant court decisions. It is crucial that you make your points clearly, logically, and convincingly.
   4. Registrar's Decision: The Registrar will render a determination following the hearing of your case. The Registrar may withdraw their objections and the application will move on to the publishing stage if they are persuaded by your reasoning. The Registrar may reject the application or ask for more proof if the objections are persistent.
   5. Potential Results: Your trademark application moves on to the next phase, which is publishing within the TradeMark Journal, if the hearing is successful in your favor. You have the right to file an appeal if the application is denied.
3. Publication in the Journal of Indian Trade Marks: The trademark name and logo are released into the Indian TradeMark Register when all objections have been resolved. Any third party that views this publication has the right to object to a trademark on the basis of legitimate concerns. Without delay or reluctance, the department may trademark registration a brand name if no objections are raised within 120 days. But in the event that a third party objects, a formal rebuttal with evidence of the earlier claim must be submitted.

The certificate of trademark registration is issued: In order to provide official protection, the departments may trademark the brand's name and logo registration if no opposition is raised within the allotted time. Consequently, in order to establish its legal validity beyond a reasonable doubt, the applicant will receive a the registration of a trademark certificate displaying the trademark register seal. It usually takes six to nine months to complete the entire procedure, from applying for a brand registration to getting a trademark certification for the same. The brand names and emblem that you have registered as a trademark are still valid for ten years. The procedure for trademark renewals is started prior to the expiration of the trademark registration. For better outcomes, you can take use of our simplified trademark services, as these procedures might be complex.