Introduction

In the present competitive economy, your company name is one that you have to safeguard, not because it is rational—it is required. Preserving your company name in its entirety by registering it as a trademark is likely the best thing that you can ever do so. If you’d like to learn about how to trademark a name in India, then keep reading through the step-by-step guide. The whole process of a registered trademark, the ease, the price, and how possible it is for an organization like AnalystIP to be at a position where they can offer that which can help start-ups, entrepreneurs, and small to large business sizes to be at a position where they can make it that easy.

What is a Trademark?

Trademark means any mark, logo, word, or phrase, or combination of the same which may distinguish goods or services of different origin from one’s origin. Trademarks are governed by the Trade Marks Act, 1999, and get registered in the Controller General of Patents, Designs and Trade Marks.

Once a name is trademarked, the owner has a right to exclusive use for business and protection against misuse or infringement.

Why You Should Trademark a Name in India

Let us discuss why you should trademark a name in India and then proceed to the process:

1. Legal Protection

Legal protection is given to a trademark which opens the door of passage to legal action in case somebody replicates or employs your name.

2. Brand Recognition

Your name would be an identifying indicator of your products or services by registering your name.

3. Intellectual Property Asset

A trademark, after being registered, is an asset of the business organization which may be licensed or transferred.

4. Nationwide Exclusivity

Trademark registration in India provides you exclusive right to use the name across India.

5. Prevents Unfair Competition

It prevents others from keeping away from using you because of popularity of your brand and goodwill.

Who Can Trademark a Name?

Any individual, company, trust, business corporation or business enterprise having a name or symbol by which he wants (or already wants) to conduct business may have the trademark registered in India.

Documents Required for Trademark Registration

In order to have a trademark registered in India, you would need to produce the following documents:

• Information of the applicant (if individual, name, nationality, address; if company, business registration certificate)
• For usage of logo/image for registration
• Description of good/service
• Form TM-48 (letter of authorisation where filing is by an agent)
• Power of Attorney where filing is by attorney or consultant
• MSME or Startup India certificate (wherever there are lowered fees, if any)

How to Trademark a Name in India – Step-by-Step

Step 1: Trademark Search

Begin with the proper trademark search in the Indian Trademark Registry database to make sure your name is new and doesn’t have existing use or sound like an existing trademark.

Tip: Get it professionally searched so as not to fight court cases at a gigantic expense later on.

Step 2: Determine the Right Class

Indian trademarks are classified into 45 separate classes based on the type of goods or services. Ambiguity should not be entertained in the process of choosing a class (or classes) with reference to accessing proper protection.

• Classes 1-34 for goods
• Classes 35-45 for services

Step 3: File the Application

Application for trademark can be made online from web site of trademark office or offline from offices of Trademark Registry. Application must comprise:

• applicant information
• representation of mark
• Class of goods/service
• date of first use, if any

Step 4: Application Examination

Application is examined when it arrives at trademark office. They verify whether it meets norms or not and, in case it does not meet objections, issue an Examination Report with objections.

Where there is opposition, reply should be done within 30 days. Where reply is satisfactory, application progresses.

 Step 5: Publication in Trademark Journal

Once the application is accepted, it will be placed on public display in the Trademark Journal and placed on publication advertisement. Anyone can oppose the trademark within 4 months from the date of publication advertisement.

Step 6: Trademark Registration

And if there is no opposition (or opposition of any form that will be in your interest), then your trademark becomes registered. Your brand is given a Registration Certificate, and your brand can legally mark your brand with the symbol ®.

Cost of Trademark Registration in India

Here is a breakdown of the typical costs:

Note: These fees are per class, per application. Professional or legal consultancy fees are extra.

How Long Does It Take to Trademark a Name in India?

The whole process—from filing to grant of certificate—would take 6 months to 2 years based on opposition, objections, and work load of the office.

Common Mistakes to Avoid

1. Insufficient search for trademark
2. Wrong selection of class
3. Selection of descriptive or generic name
4. Failure to timely respond to objections to examination
5. Not taking opposition notices seriously
6. Not registering the trademark anew

AnalystIP Streamlines Trademark Registration

AnalystIP is an outstanding intellectual property advisor with beyond-the-box methods for trademark registration in India. IP talent scout and utilization of intellectual property as well as law specialists, AnalystIP provides transparency and hassle-free registration. Why AnalystIP expands services:

• ✅ Trademark detailing search and analysis
• ✅ Classification support
• ✅ Filing and processing of trademark application
• ✅ Examination and opposition reply
• ✅ Waiting for monitoring trademarks and monitoring
• ✅ Monitoring opposition and renewal service

AnalystIP is an organization which, as a filer of an application to register a firm or organization owning a collection of marks, offers custom solutions in a manner to make it easier but legal to the details.

Renewing and Retaining Your Trademark Lifeforce Indian registered trademark shall be valid for 10 years from filing date. It may be renewed from time to time for every 10 years on payment of renewal charges. Renewal must be done 6 months before expiry so that late fee or cancellation is not incurred.

Conclusion

It’s fully worth taking the extra step to protect your company name and reputation by reserving a name in India. It costs nothing, nothing at all, but there are lots of steps—each one of which takes time and attention and compliance with the law.

Having the professional contact like AnalystIP makes it less of a problem, especially if there is legal objection or opposition.

No matter whether you’re introducing something new, business growth or simply desire to leave your heritage intact, securing ownership by trademarking is probably the single best thing you’ve ever done in an effort to ensure your brand endures in the long run.

Frequently Asked Questions (FAQs)

1.) Can I trademark a name that is already in use?

You are not eligible to apply for a registered or probable to be confused misrepresenting name for an already registered mark. You should search thoroughly prior to filing your application.

2.) What is the difference between ™ and ®?

™ is an unregistered mark, whereas ® is a registered mark and legally guarded.

3.) How long is a trademark valid in India?

Trademarks are renewable and renewable forever and can be for 10 years.

4.) Can a foreign national or company register a trademark in India?

Foreign nationals are allowed to register trademark in India as per Indian trademark act.

5.) What happens if someone opposes my trademark application?

You will have to reply as per law with evidence. Your trademark will be registered if granted.

6.) How soon should I trademark a name?

We suggest you trademark before you launch your product or brand so that you will not be infringing and receive legal protection as well.