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How to Register a Brand name in India

How to Register a Brand name in India

Are you looking to register a brand name in India? Here’s a quick guide on how to do it!

Registering a brand name is a process that can take anywhere from a few minutes to several days, depending on the type of trademark registration and your needs.

Decide on a brand name


choose a brand name that is
– easy to remember
– distinctive
– associated with quality

Your brand name is an important part of your trademark registration. A strong brand name can give you a competitive advantage in the marketplace and help you build customer loyalty. But before you can register your brand name as a trademark, you need to choose a name that is both distinctive and eligible for registration.

Choose the right category for your brand


The first step is to choose the right category for your brand name. The four main categories are:

-Product names
-Service names
-Company names
-Domain names

You will need to decide which one best describes your brand. Each category has different requirements and rules, so it’s important to choose the right one from the start.

Once you have chosen the category that best suits your brand, you can start the registration process.

Understand the process of registering a brand name in India


The first step is to choose a name for your business. The name should be distinctive and should not be confused with any other registered trademark. It is advisable to carry out a trademark search before you decide on your brand name.

The next step is to submit an application for registration of your trademark with the office of the Controller General of Patents, Designs and Trade Marks, which is located in New Delhi, India.

Your application must contain the following:
-A clear and precise description of the goods or services for which you wish to register your trademark;
-The trademark itself;
-The applicant’s name and address;
-A declaration that the applicant intends to use the trademark in commerce; and
-The prescribed fee.

Upon receipt of your application, the office will carry out an initial examination to ensure that it complies with formal requirements and does not conflict with any existing registered trademarks.

If your application satisfies the initial requirements, it will be published in the Trade Marks Journal, which is available online. This provides an opportunity for third parties to oppose your registration on grounds such as likelihood of confusion with an existing trademark or descriptiveness of the proposed mark.

If there are no objections raised within three months of publication, or if any objections that are raised are successfully overcome, your trademark will be registered and you will be issued with a certificate of registration.

Follow the guidelines for registering a brand name


In India, you can register your brand name with the Trade Marks Registry of the Indian Patent Office. The process is somewhat complicated, but if you follow the guidelines below, you should be able to do it without too much difficulty.

1. Search the Trade Marks Registry database to see if your proposed brand name is already in use. If it is, you will not be able to register it and will need to choose another name.

2. File a trademark application with the Registry, along with the required fees.

3. Once your application has been filed, it will be assigned to an Examiner who will review it to see if it meets all the requirements for registration.

4. If the Examiner approves your application, it will be published in the Trade Marks Journal, which is a periodical published by the Registry.

5. After your brand name has been published in the Journal, anyone who objects to its registration can file an opposition against it within three months.

6. If there is no opposition filed against your brand name within three months, or if any opposition that is filed is unsuccessful, your brand name will be registered and you will be issued a trademark registration certificate.

Fill out the application form


You can apply to register a trademark online or by post.

To register a trademark, you need to:

search for similar trademarks to make sure yours is unique
apply to register it – you’ll need to give:
your name and address
details of the trademark, including a clear drawing or image of it
the goods and services you want to use it for
the countries where you want to use it

You can pay by debit or credit card, or request an invoice.

Submit the required documents


To register a brand name in India, the first step is to submit the required documents. These include an application form, an affidavit, and a Power of Attorney. The Power of Attorney is notarized by a notary public.

The next step is to file the application with the Registrar of Companies (ROC). The ROC will assign a registration number to the brand name.

The final step is to obtain a registration certificate from the ROC. This certificate must be renewed every seven years.

Pay the registration fee


Before you register your trademark, you need to pay the government filing fee. The current fee for online filing is ₹4,500 per class of goods or services. You can pay the fee online through the official website of the Indian Trade Marks Registry.

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