A brand name and logo can become a company’s most valuable asset. Without registration, a business may find a competitor using a similar name, or worse, face a legal notice for a name it has used for years. Trademark registration is relatively inexpensive protection when done early.
1. Search before you settle on a name
Search the public trademark database on the IP India website for identical and similar marks in your class of goods or services. Also check company names, domain names and social media handles. A distinctive, invented name is easier to register than a descriptive one.
2. Choose the right classes
Trademarks are registered under classes of goods and services under the international Nice classification. A software company, a restaurant and a garment brand fall in different classes. File in every class where you trade now or plan to trade soon.
3. Filing and examination
- File the application online with the mark, owner details, classes and use date or proposed use
- Startups and small enterprises may be eligible for reduced official fees; check the current fee schedule
- The registry examines the application and may raise objections
- Reply to objections within the deadline with arguments and evidence
- After acceptance, the mark is advertised in the Trade Marks Journal for opposition
If there is no opposition, or it is decided in your favour, the mark is registered.
4. TM, R and renewal
You may use the TM symbol once you have applied. The ® symbol may be used only after registration. A registration is valid for ten years from the application date and can be renewed indefinitely for further ten-year periods. Keep a calendar of renewal dates, like the group’s approach in our compliance calendar for founders.
5. Getting help
Trademark work involves legal judgement, especially on objections and oppositions. ATTPL Legal can help, and business registration steps are listed in the group’s Jaipur business registration checklist. Brand websites and digital presence are built by ATTPL IT Solutions. For a discussion about your requirement, contact ATTPL HOLDCO or call toll-free 1800-890-0815.
Frequently asked questions
How long does trademark registration take?
It varies with objections and oppositions; straightforward applications can take several months to more than a year.
Can I use my brand while the application is pending?
Yes, with the TM symbol. Use ® only after registration.
Is a company name registration the same as a trademark?
No. Registering a company name with MCA does not give trademark rights; file a separate trademark application.
Sources
This article is general information, not professional advice. Rules, rates and schemes change; please check the official sources and consult a qualified professional.
