Trademark Registration is the simplest way of getting legal protection for your brand. Branding is like the soul of the business, which helps people identify or connect with your product or service instantly. How to Register a Trademark in India – Trademark Registration is the simplest way of getting legal protection for your brand. Most of the entrepreneurs assume that establishing an entity in the name of the brand would protect the brand from infringement. Whether you are registering your brand in the form of a mark, name, design, logo, symbol, slogan or phrase – A Trademark covers it all. A Trademark is an Intellectual Property Right (IPR) regulated by the Trade Marks Act, 1999. Having a registered trademark can save you at the time of litigation, if you find someone using your brand to benefit their business, fraudulently. Investors also prefer to analyze or conduct a due diligence of the Company’s Intellectual Property before they invest in your enterprise. Getting your Intellectual Property protected shows that you care for your business. VenturEasy can get Your Trademark Registration for just ₹ 3000 + government fees. You can start using ™ in 3 days. Click here to Register your Trademark. How to Register a Trademark in India? Applying for a Trademark is a 3-step procedure- 1. Identifying the Class and Conducting a Trademark Search: Trademark Registration has to be obtained for the particular class or category to which your business activity relates. If your brand represents various business activities, then trademark registration should be obtained separately for all the categories which correspond to your business. The next step after is to conduct a search of whether the trademark you want is available or not. It is recommended that you conduct a thorough online search to ensure that your trademark is not similar to any other existing trademark (whether registered or not). Also, it is advisable to conduct a generalized search across all classes. 2. Executing a Power of Attorney: Trademark Registration should be done through a legal professional as only a trade mark agent or a trade mark attorney is authorized to represent a client before the registration authorities. Hence, this step involves executing a Power of Attorney in favor of a lawyer who shall represent the case on your behalf from time to time. 3. Preparing and Filing the Trademark Application: On execution of the POA, the lawyer shall prepare the application. The application can be made in the name of an individual or any entity. It is then submitted to the Registration Authorities and processed within a day or two. A unique number is generated to track your application status for all future purposes. At this stage, you can use the word “TM” beside your brand name or logo. The trademark is ideally registered in 16-24 months (approx.). It may take a longer period if anyone puts any objection to your trademark. After it is registered, you can use the ® symbol next to your name or logo. If not, you may only use the ™ symbol. Using the ® symbol without having a registered trademark is not allowed. It should be noted that if you are using both a mark/name and a logo for your brand, it is advisable to register it separately through different applications. This will enable you to have exclusive right over both of the name and the logo. However, Trademark Registration gives protection only within the territory of India. If you are intending to go global, it is advisable to secure legal rights over exclusive use of your brand overseas. VenturEasy can get Your Trademark Registration for just ₹ 3000 + government fees. You can start using ™ in 3 days. Click here to Register your Trademark.
Nikita Bhatia is the co-founder of VenturEasy, an online platform for Company registration, book-keeping, accounting, tax consultancy and legal compliances in India. A Chartered Accountant and company secretary by profession, she has wide experience in the fields of audit, accountancy, taxation and corporate governance.