Brand Name and Logo Registration in India

A trademark is a type of Intellectual Property with a recognizable design, expression or sign to distinguish your products or services from those of others. The owner of a trademark can be an individual, a business organization, or any legal entity.

Having a trademark, it prevents others from using the products or services without the permission of the trademark owner.

In India, the trademarks are registered by the Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999. It provides the trademark owner to sue for damages when infringements of trademarks occur. Once the trademark is applied by filing the trademark application with the Intellectual Property of India, the applicant can use the TM symbol and ® can be used once the trademark gets registered and the registration will be valid for a period of 10 years.

Trademark Registration Process:

At MYDBIZ, the process for registration of the company brand name and logo begins with a trademark search. We can help you conduct a trademark search using the Government company name search tool to find marks across classes. This tool can also be used to find identical or similar trademarks under the same class. Once the company brand name search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.

In the majority of the cases where the mark is unique, on filing the trademark application, the Examiner would verify all details and approve the publishing of the mark in the Trademarks Journal. When the mark is published, any person or entity would have the opportunity to oppose the registration of the mark. If the mark is not opposed, then the trademark registration certificate will be issued to the applicant with a validity of 10 years.

In case there are identical brand name, then the process for registration could be lengthy and costly which involves various legal procedures and hearings. If there are similar marks, then the process could include objections and hearings, which is based on the Examiner's decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application, he/she will issue a notice of objection. The objection notice must be responded to within 30 days. On responding to the notice, a hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case the Trademark Examiner objects to your trademark application, we can help you with filing an objection reply or appearing on your behalf at hearings at an additional cost.

Benefits of Trademark Registration:

On registration of the trademark, the R symbol can be used to notify the public that the mark is a registered trademark.

In case of an infringement of a registered trademark, the owner of the mark can get a legal remedy. A court may grant relief for trademark infringement or for passing off. Trademark infringement relief can be provided thru an injunction, damages, or an account of profits, together with or without any order for the deliver-up of the infringing labels and marks for erasure or destruction.

Documents Required for Applying for Trademark Registration:

For Individuals/Proprietorship Entities:

> PAN card of the applicant/proprietor

> Aadhaar card of the applicant/proprietor

> Brand Name to be Trademarked

> Nature of Business Activity

For Non-Individuals/Companies/LLPs:

> Certificate of Incorporation (For Companies & LLPs)

> PAN card of the Entity

> MSME Certificate or Start-up India Registration Certificate (ANYONE)

> Brand Name to be Trademarked

> Nature of Business Activity

NOTE:

1. Brand Logo registration is NOT mandatory. Even words can be applied for trademark registration.

2. In case of assistance required in obtaining an MSME Certificate, Relax Plan is required to be obtained.