How to Register a Brand Name in India

How to Register a Brand Name in India – “Branding is the art of differentiation” said David Brier, an Award-winning brand expert and rebranding specialist, and rightly so because it’s the identity. You might have spent hours in brain storming with your partners or friends to come up with one final brand name and logo which will represent your business for years to come. But if the brand name is not registered from any other part of the country or world can take up your brand name or logo. Brand Register India has become essential for business to keep their identity intact.

How to register a Brand Name in India has left many confused due to the formalities and legality behind the process. Brand name registration is essential and cannot be overlooked to avoid any sort of trademark violation. In this blog, we will through some light on how to register a Brand Name in India. We will take you through the step-by-step process of trademark or brand registration in India along with this you will get the documents required for brand Registration, the time required for the registration process, and other important information about Brand Registration in India. 

Before getting into the nitty-gritty of Brand or Trademark Registration in India, here is the simple explanation about,

What is Trademark Registration?

To cover the basics, a trademark is a unique label for a business’s identity like a name, logo, or tagline that represents the company, product, or services. It is what makes people recognize your brand and separate it from other businesses. Now comes the question of what can be trademarked and what cannot, one can trademark the names, last names, designs, unique color combinations, and taglines. Apart from this, any LLP or Individual business can go for company registration.

The Controller General of Patents, Designs & Trade Marks is the head of the Trade Marks Registry in India. Brand Name registration in India can be done by done through two processes, offline or online. For offline you will physically need to fill up the form and for online you can fill out the E-filing for online trademark registration. For offline forms, you need to go to the offices of the trademark registry based on the jurisdiction which can be time-consuming. However, online trademark registration is convenient and arguably the best option at the current time. 

Now that, it is clear about what is trademark registration or brand registration, it’s also important to know,

The Advantages of Brand Name Registration

There are a huge number of benefits to brand registration in India, it’s an absolute necessity for any business be it big or small.  Here are a few listed below:

•         Rights to use trademark or brand name exclusively, means only you can use it
•         Business owners get the legal protection
•         Can easily advertise a brand and build good public relations.
•         Business or brand gets the goodwill in the industry.
•         Get the brand value.

 Who can go for Brand Name Registration?

A wide range of individuals and entities can go for trademark registration or brand name registration in India. Here below the list of who can apply for brand name registration in India:

1.       Indian companies
2.       Limited Liability Partnerships (LLPs)
3.       Joint owners of a company
4.       Partnership firms (with a maximum of ten partners)
5.       Trusts
6.       Foreign companies
7.       Societies
8.       Proprietorship firms
9.       Individuals

This kind of business can get the option to safeguard its brand identity through trademark registration.

Documentation for registration of Brand Name in India

We have curated for you the list of documents required for trademark registration in India depending upon the type of business you are in:

1.       For An Individual –

Individual following documents are required for the brand name registration in India:

•         A copy of the Aadhar card or
•         Driving license (permanent)
•         Pan card

2.       For Start-Up –

For any start-up in India to register a brand name in India, the most essential document is a certificate of recognition. The Department for Promotion of Industry and Internal Trade (DPIIT) issues it.

3.       For Micro, Small and Medium Enterprises –

Udyam Aadhar Registration Certificate (The Ministry of Micro, Small and Medium Enterprises (MSME) issues it)

4.       For Sole Proprietorship –

Goods and Service Tax (GST) Certificate of the sole proprietorship firm

5.   For Partnership firm/ Limited Liability Partnership

Partnership firm’s brand name registration in India following documents is required-

•         Udyam Aadhar Registration Certificate (optional)
•         Partnership deed (if any) or
•         Goods and Service Tax (GST) Certificate

For Limited Liability Partnership (LLP) :

•         Incorporation Certificate of LLP
•         Udyam Aadhar Registration Certificate (optional)
•         Limited Liability Partnership Deed or
•         Goods and Service Tax (GST) Certificate or

6.       For Private Limited Company –

Private limited companies need to provide the following for brand name Registration in India-

•         Certificate of Incorporation of the Company or
•         Udyam Aadhar Registration Certificate (optional)

Apart from these, the common documents required are:

•         Proof of Applicant
•         Brand Name/ Logo/ Slogan
•         Documents showing Proof of TM Use
•         Power of Attorney (TM-48)
•         Board Resolution
•         User Affidavit

Step By Step Process of Brand Name Registration in India

Brand Name registration in India is quite a complex process as it includes several steps. It’s important to complete each step carefully to minimize the waiting time. One wrong step and the entire process is needed to start all over again.

Here we have made it easy for you to understand Brand Name Registration in India:

Trademark Research

Conduct a thorough search on the official website of the Trademark registry to check if your short-listed brand name is available to use or not. The official website to search for trademarks is https://ipindiaonline.gov.in/. Make sure your brand name is not already taken.

Brand Name or Trademark Application Filling

Now that you have figured out whether your brand name is available or not you can move to the next step of brand name registration in India, which is to fill the trademark application filling. For this, you need to visit the Trademark Electronic Application System (TEAS), on the website of the Controller General of Patents, Designs & Trade Marks (CGPDTM). The official website to do so is https://ipindiaonline.gov.in/.  Create an account on the website to do so.

Select the Class

The brand name trademarks are registered under a specific class depending on the types of goods are services your business represents. It is important to identify the appropriate class for your brand name. There are 45 class categories as per the International Nice Classification system. Make sure to choose the ones which are correct for your business.

Information and Documentation

The following documentations are needed while filling in the information about your brand name registration:

•         Applicant details (individual or business entity)
•         Brand name/logo in the prescribed format
•         Description of goods/services
•         Proof of claim of prior use (if applicable)
•         Power of attorney (if filed through an agent)
•         Any supporting documents as required

Publication and Examination:

Once you are done with the above process submit the brand name registration and publish it, the trademark office will examine it. If the form complies with law with the rules and regulations of the law and there is no objection in the application from any party then your trademark will be published in the trademark journal.

Period of Opposition:

Now, the most crucial period is the waiting time. Once your trademark or brand name is published in the registration journal it will open for the third party for 4 months. If no one opposes it for 4 months then your trademark or the brand name will be registered. If there is any sort of opposition then it needs to be resolved first with the opposite party only then the registration can go further.

Registration and Certificate Issuance

If the opposition period is over and no party has objected or it’s been resolved then you will get the Registration Certificate. This certificate will act as proof or evidence for your exclusive rights to use the registered brand name or trademark. 

Renewal

Brand name trademark in India is registered for 10 years after these periods renewal is required. To maintain your rights to use the brand name keep renewing the brand name regularly. This can be done easily by filling out the renewal form.

Conclusion

How to register a brand name in India is a question which had troubled many people, we hope this blog helped you in finding out the answers to your questions. It is always advised to take legal help from a professional to register the brand name in India. To navigate the legal complexity of brand registration in India Prakasha and Co can help to ease the work for your brand. Get in touch with our experts and get the help today.