Congratulations! You have achieved your dream and started your own business. The idea is unique, the logo and catchline stand out, as does your company motto. However, there is one thing missing. You haven’t trademarked your company or your logo as yet. If you don’t, someone else may take the idea and claim it as their own. So, you had better do something quick!
In this article, we will give you a step-by-step guide on How to register trademark if you have set up a company in India.
If you already have a name that you have decided for your business, then skip the first step. However, if you haven’t, it’s essential that you do this first before moving ahead.
Choosing the company name
You can trademark any of the following: word, phrase, device, symbol or colours. Create a brand name or phrase or logo that is not used by any other business.
Here are the things you can consider while choosing your trademark:
- Keeping it short
- Making it memorable
- It should be unique
- Avoid generic names or terms
If you are choosing a brand name, remember that two types of brand names work really well.
- Arbitrary or fanciful names that don’t necessarily have a meaning or don’t relate to the product you are selling. For example Twitter, Apple, Facebook, LinkedIn, McDonald’s.
- Suggestive or descriptive names that hint at what your business or product is about. For example United Airlines.
Decide on the colour of your logo
Human beings are visual animals. We remember images way better than we remember names or phrases. That is why a logo is very important for a business, it helps people identify them in a split second.
So, remember these when you getting your logo trademarked:
- Once you trademark a colour logo, the logo along with the colour sequence is protected. Any variations of it are not protected.
- You should be able to use it for the long term.
- Ensure that the colours are relatable to your business and your audience.
- Your brand image should be built around the colours in your logo.
If you’re still unsure of your logo colours, then trademark a black and white logo. This allows you to use different colour patterns in your logo as a black and white trademark only protects the logo pattern. Get this and experiment all you want until you find your brand colours.
Check for logo availability
The wordmark or logo must be available for registration. If a request is previously filed for a related or resembling mark, you will face difficulties and problems. So, you should first check the Trademark Registry for this.
If you are connecting to multiple classes, you should guarantee availability in each class.
Pick the right class
After you are done creating your brand name or logo or both, let’s move on to filing for tm registration.
The first step here is to select a suitable class for trademark protection. The trademark registry has provided 45 classes in total, for different products and services. Based on your company activity, choose the most suitable class. If more than one class applies to you, you need to file many classes for registration.
Remember, you can protect the trademark name or logo only under the class it is applied for.
While creating an application you need to describe the goods and services. You may prefer the given description or customize as per the requirement. But know that you cannot modify the class and description after applying. Be liberal in your description and cover other goods as per your long-term plan. This makes your application cost-efficient and also gives proper protection.
Mention the user date
Do you already have a brand name or logo that you have been using for a while? Great! Make it a point to mention from when you are using it under ‘user date’ in the application.
Why? Because in India, preference is given for those who started using the name or logo first rather than following the first-come-first-serve rule of tm registration. This will help you get your trademark even if a similar trademark has been applied for by a brand new business.
Deciding Whether to Register Your Brand
You don’t have to Right Time to Register Your Brand with the USPTO in order to have some Brand protection. Unregistered marks may have “common law” protection in your immediate locality, or you may be able to register with your state for statewide protection.
Documents required
Individuals & Sole Proprietorship
Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:
- Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor
Partnership / LLP / Company – Small Enterprise or Startup
The trademark registration fee varies from Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.
Partnership / LLP / Company
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Other Applicants
All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain tm registration online in India.
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
A trademark is a one-of-a-kind symbol or sign that can be a label, a numeral, or a colour combination that is used to identify your goods or services. The Trademarks Act of 1999 allows you to register your trademark.
You and a third party can use a trademark to identify your products and services from those of your competitor. However, keep in mind that geographical names, common names, popular trade phrases, and common abbreviations are not eligible for trademark registration.
