Brand Registration in India - Online Process and Requirements

Before starting the brand registration process, we must know about the brand what is it and what are the benefits of brand registration? A brand is basically, the identity or the name of the organization like “Apple”, “TATA”, “Mc Donald”, “Raymond”, “Cadbury”, etc. all these are the brand of their organization. A good and well-known brand always attract the customer, built trust among their customers, make extra profit for the organization and enhance the face value of the organization. It is very important to protect the brand name so that no one can misuse it or copy it because it is very easy that a brand name can get copied and manipulate the customer. Once a brand name is get registered it is protected for 10 years it means no one can copy that name for this period and if anyone does so the owner of the brand can take legal action against that person. The brand name registration process is provided and regulated under Trademark Act, 1999 and the rules made thereunder. After making an application for brand registration the examiner will check the name and approve if it is available and not similar to any other name and as per the guidelines of the trademark act, but if the name will be similar to the existing name or and prohibited word applied then the examiner can refuse the application because the approval always lies with the examiner only.

Documents required

Individual/Sole Proprietor

1. Power of attorney
2. Identity proof
3. Copy of logo, if any

Other than individual/Sole proprietor

1. Power of attorney
2. Registration certificate
3. If the entity is a small enterprise, then the certificate of that
4. If it is registered under Startup India then the certificate of Startup India
5. Copy of logo, if any

Procedure to register a brand

1. Name Availability Check: Before filing an application for brand registration the name availability should be checked because if the proposed name is similar to the existing names, then the examiner may raise the objection to the application. The availability of the name can be checked on trademarks’ official website www.ipindia.gov.in by going on the public search option.
2. Preparation of form: If the name is available then fill the form with the required information and will be signed and then submitted online to the examiner. The details like the name of the applicant, address, contact details, business activity, class of trademark etc. will be mentioned in the form.
3. Checking by the examiner: After receiving the application, the examiner will check every detail and document provided by the applicant along with the brand name, if the name is available and no examiner thinks fit then he will accept the application and if any issue arises then he will raise the objection on such application regarding which the reply has to be filed within 30 days from the issuance of objection.
4. After accepted by the examiner: If the application is accepted by the examiner, then it will be published in the trademark journal for the period of 4 months. The brand name is published in the journal so that if any third party has any kind of objection in the registration of such trademark, then he or she can file an opposition on the brand name registration process.

If no opposition is raised by any third party then a certificate of registered trademark is issued to the applicant which will be valid for 10 years, and if the applicant wants to continue with the same brand name then he/she can file a Trademark renewal application before the expiry of 10 years.