How to Trademark a Brand Name

  • What if your disgruntled ex-employee or a business competitor, hijacked your website by obtaining control of your domain name.  How would you react? Unfortunately, this  situations are possible if you do not take necessary precautions to protect your domain name.

    Today the world of online business thrives on domain names. It has acquired the stature of being business identifiers and promoters and with the tremendous increase in online commercial activities; it has become a mode of granting exclusive identities to a business.

    A Domain name is used to identify one or more IP addresses. For example, the domain name of microsoft.com represents about a dozen IP addresses. Domain names are used in URLs to identify particular Web pages.

    Procedures for trademark registration of a brand name

    Trademark registration of a brand name means nothing but brand name registration. It basically means the brand name is yours and you can sue anybody who uses it without your permission.

    Step 1: Search for a brand name

    Step 2: File a trademark application form- TM 1. The application costs INR 3500 and is a onetime fee.  
    Along with the application, you will need to submit a couple of supporting documents:
    • A Business registration concern: Depending on what type of a registered business and submit an identity proof of the directors of the company and an address proof.
    • An image of your brand logo in a standard size of 9 x 5 cms
    • If applicable, proof of claim of the proposed mark being used before in another country.

    Step 3: Apply for brand name registration either through manual filing or e-filling.
    In case of manual filing, you will need to personally submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmadabad. After which you receive the acknowledgement of the application and the receipt.
    In e-filing system, the acknowledgement of the application is issued immediately.

    Step 4: Examining the brand name registration application
    After receiving the application, the Registrar checks whether the brand name complies with the law and is not in conflict with any existing registered or pending brands.

    Step 5: Publication in the Indian Trade Mark Journals
    After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months the brand name proceeds to acceptance.

    Step 6: Issuance of the trademark registration certificate
    If no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application and issues a Certificate of Registration under the seal of Trademark Registry.


    These guides are not legal advice, nor a substitute for a lawyer

    These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

Get free legal advice from top Trademark & Copyright lawyers for your specific issue

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