How to Protect Your Brand Trademark?

Legal

How to Protect Your Brand Trademark?

Registrationwala

A trademark refers to a logo, symbol, design or phrase that is unique to a particular business. It sets apart one brand from other brands in the marketplace. Although registering a trademark isn’t mandatory by law, it is always advisable for a business to secure its brand legally for prevention of misuse/imitation by others. 

Through trademark registration, you can obtain exclusive rights, build your brand’s recognition/reputation and initiate a legal action in the event of infringement. In this blog post, we shall discuss how to protect your brand trademark through trademark registration.

Importance of Protecting Your Brand Trademark via Brand Registration

The importance of protecting your brand’s trademark via trade mark registration can be understood with the help of the following points:

Documents Required for Brand Registration

To secure trade mark registration for your brand, you require the following documents:

How to Register a Brand Trademark?

To register a brand’s trade mark, you need to follow several steps. Below, we have explained all the essential steps involved in the brand registration process:

Step 1: Choose the brand mark and Identify Class

If your business is new and you do not have a brand mark yet, then you must choose one. Make sure the mark is unique and can be distinguished easily from other trademarks. 

Then, you must identify the class your mark falls under. There are a total of 45 classes of goods and services under which a trade mark can be registered. For goods, the classes from 1-34 are applicable. The remaining classes 35-45 are for services.

Step 2: Conduct Brandmark Search

After you have decided upon the mark, it is always a good idea to conduct a trademark search for your brand’s mark. This search will allow you to check whether the mark you have chosen is similar to an already registered mark. 

For TM search, you can visit official website of IP India. The website allows individuals to do a public search. After clicking on this option, you must select your TM class and search the online database.

You can also avail professional services from trademark professionals. Although this option is paid, it’ll improve chances of registration as the professionals will do their best to ensure the mark isn’t already registered and reduce chances of trademark objection. 

They’ll not only conduct the search for you but also help you throughout the entire registration process. Even in case of trademark renewal in future, you can reach out to them. But make sure you choose reliable professionals.

Step 3: File the TM Application

A single trademark application can include multiple classes of goods or services. For this, you need to make the application using TM-A form. Using this form, you can register the trademark beyond a single class. 

Step 4: Payment

At the time of filing the form, you need to pay the prescribed fee. To file the TM form, there are different cost brackets. The exact fee that needs to be paid depends on who is filing the form. 

Individuals, startups and small enterprises usually need to pay less than other applicants like companies and limited liability partnerships.

Step 5: Review of Application by Registry

After your application is sent to the trade mark registry, it will examine whether it aligns with all the requirements. 

Step 6: Publication in Indian Trademark Journal

Upon the completion of examination, the registry will publish the trademark in the Indian Trademark Journal. If no one opposes the trademark within 3 months of publication, the trademark will be registered.

Step 7: Grant of Trademark Certificate

Finally, the registry will issue the trademark registration certificate once the stipulated opposition period has passed without any objections or after a hearing has resolved an opposition in the applicant's favor.

Conclusion

To protect your brand, the most important thing to do is to obtain a trademark registration. By obtaining this registration, you get exclusive rights over your brand name, logo, symbol or slogan. Need assistance in registering a trademark? Connect with our trademark experts at Registrationwala!

Frequently Asked Questions (FAQs)

Q1. What is Brand Mark?

A. A brandmark refers to a unique mark of a business that helps customers and clients to identify, recognize and differentiate the business from its competitors in the market.

Q2. Which authority registers brand marks in India?

A. The Office of the Controller General of Patents, Designs & Trademarks, also known as the Trade Marks Registry, registers brand marks in India.

Q3. Which form do I need to file for a brandmark registration application?

A. For brandmark registration application, you need to file TM-A form.

Q4. Does brandmark registration require renewal or does it come with lifetime validity?

A. Brandmark registration requires renewal after every ten years to maintain its valid status.

Q5. Is it possible to transfer the trademark rights?

A. Yes, it is possible to transfer the trademark rights through a legal process known as trademark assignment.

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