How can I trademark my company’s or Business name in India?

Introduction

If you’ve created a unique name for your company, you might want to protect it by trademarking it. In India, you can trademark your business name or trademark your brand name to make sure no one else uses it. This simple guide will walk you through the steps to file a trademark for your business name, so you can keep your brand safe and special. Whether you’re new to this or just need clear directions, here’s how to get started!

What is a Trademark?

A trademark is a unique word, symbol, design, or combination that helps identify a product or service and sets it apart from others, preventing misuse. It can also include shapes, colors, sounds, or scents. For example, Pepsi® is a registered trademark for soft drinks.

Benefits to Trademark a Company’s Name in India

When you Trademark a Company’s name in India, it serves the following benefits:

• Exclusive Rights: You get legal ownership and the sole right to use the name.
• Global Expansion: Helps in international trademark registration under the Madrid Protocol.
• Brand Protection: Prevents others from using a similar name.
• Lifetime Protection: Valid for 10 years, renewable indefinitely.
• Use of ® Symbol: Enhances brand recognition and market presence.

How do I Trademark my company name?

If you want to trademark your business name in India, you need to follow a legal process under the Trade Marks Act, 1999. Here’s a step-by-step guide:

1. Pick a Unique Name

• Choose a business name that is different from others. Avoid common or misleading words.
• Make sure it’s not offensive or already taken to avoid problems.

2. Check for Existing Trademarks

• Before applying, search if the name is already registered.
• Use the Public Search Tool on the IP India website.
• A trademark expert can help with a detailed search.

3. Find the Right Trademark Class

• Trademarks are divided into 45 classes based on the type of business.
• Pick the class that best matches your business.
• If your business covers multiple areas, you may need to apply in more than one class.

4. Prepare Your Application

• Fill out Form TM-A on the IP India portal.
• Provide details like:

1. Your company’s name and address.
2. The brand name or logo you want to trademark.
3. The business category (class).
4. Proof of use (if already in use) or mention if it’s a new brand.

• Attach documents like:

1. A digital copy of the logo (if applicable).
2. Proof of usage (e.g., invoices, ads).
3. Power of Attorney (if a lawyer is applying for you).

5. File the Application

• Submit the application online at IP India Online.
• You will receive an application number as confirmation.

6. Review by the Registry

• The Trade Marks Registry will check if your trademark is unique and valid.
• They may send an Examination Report in a few months.

7. Respond to Objections (if any)

• If there are issues (e.g., similarity to another brand), you’ll have 30 days to reply.
• You may need to explain why your trademark is unique or make changes.

8. Publication in the Trade Marks Journal

• If approved, your trademark will be published for public review.
• If no one objects within 4 months, the process continues.

9. Get Your Trademark Certificate

• If there are no objections (or they are resolved), you’ll receive a Trademark Registration Certificate.
• The trademark is valid for 10 years and can be renewed.

10. Use Your Trademark

• After applying, use the ™ symbol with your brand name.
• Once registered, switch to the ® symbol to show ownership.
• Keep using your trademark if unused for 5 years, it can be canceled.