Intellectual Property

How to Register a Brand for a Trademark

How to Register a Brand for a Trademark? - A trademark is any word, phrase, symbol, or design that identifies the source of goods or services and distinguishes them from others. It can be registered with the government to protect your brand and make it yours alone. In order to register your brand as a trademark, you must complete the steps below, so let’s get started!

What is Registering a Trademark?

A trademark is a visual symbol, which may be a word, name, device, label, or numerals used by one person to distinguish its goods and services from those of other persons in different of a similar line of business.

A registered trademark is an intangible asset for a business and is used to protect the company's goodwill in the brand through which it is recognized by the purchasing public. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 read with the Trade Mark Rules, 2017, and provide the trademark owner with a right to sue for damages when infringements or Passing off of one's brand occurs.

Once a trademark is registered, the R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years. The trademarks close to expiry must be renewed before Six (6) months of expiry of the trademark.

What you need to Register your Trademark

In order to register your trademark, you will need to file a trademark application with IPINIDIA. The application must include:

  • The name of the mark
  • The goods or services that the mark will be used for
  • The applicant's name and address
  • A drawing of the mark
  • The date of first use of the mark (or intention to use)
  • The class in which the mark is filed (e.g., Class 25 includes clothing, footwear, headgear)
  • All classes in which there are currently no registrations
  • Information on any foreign registrations or applications

If there are multiple applicants for the same trademark, they will have to decide on who gets rights by agreement or arbitration.

Where can I file my Application?

The first step is to file an application with the (ipindia). The IP India will review your application and decide whether or not to approve it. If your application is approved, your brand will be registered on the Trademark Register. Brand registration is important because it gives you legal protection for your brand and can help you stop others from using it without your permission.

How much does it cost?

The cost of filing a trademark in India is relatively cheap. You can file the application online with the help of fileforindia and the process is quite straightforward. The government's filing fee is currently ₹4,500, fileforindia's service fee is only ₹1000, and applications can be made through the e-filing portal.

What are the benefits of registering a trademark?

There are many benefits to registering a trademark for your brand. A trademark can protect your brand name, logo, and other identifying marks from being used by others without your permission. It can also help you build brand recognition and goodwill, and it can give you legal recourse if someone does use your marks without permission. Plus, filing for a trademark is relatively simple and inexpensive.

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