How to Trademark My Company Name in India

Business and marketing heavily depend on digital platforms today. Customers search for any product or service online. So, the brands need to reach them virtually. However, they do not choose the company as soon as they look at it. They consider a lot of things. Among their considerations, brand trademarks matter most. As soon as they look at the ® sign with the name of a company, their reliance increases remarkably. You may have the question of how to trademark my company name from the trademarking authority of India. This article will inform you how to do it easily and without much complications.

Today, brand reputation brings customer attention in a world of tough competition. Government Registered Brand Name, logo, symbol, icon, etc. gives a high value to the company. On the other hand, a registered trademark helps prevent infringement or duplication of a brand name or brand product. So, customers rely on your brand, even if, yours is a startup company. Read more

What is a Brand Name Trademark?

Trademark is an intellectual property. When any company name is submitted for getting a registered as trademark, it is called brand name trademarking. Usually, you can trademark your brand name, logo, symbol, sign, slogan, etc. However, it is a great idea to trademark your brand name, as the name cannot be taken by anybody in India. However, when you trademark internationally, your brand name cannot take anybody in the world.

As soon as you apply the trademark for your brand, you can add TM beside the specific name or logo you have applied for trademarking. After getting registered, you can proudly write, with the band name, logo, or slogan, that you got registered successfully from the government of India (IP India). Besides, you will get legal support if your brand or product is under infringement.

How do I Trademark my company name?

Here is the step-by-step process description that you have to follow. Carry on the piece of writing and learn how to trademark by company name.

Select a Unique Brand Name and Logo

This is the first step of trademarking your brand name and logo. If you do not choose a unique one, you will be similar to others. So, you will not get permission to get registered. It may be rejected at its primary step. If it is nearly similar to any other business names already registered or applied for registration, you may be opposed by them during the process of trademark registration. Therefore, select a unique brand name, and specially designed logo for it.

Be careful with non-registrable marks

According to Trademark Act sections 9 and 11, a few categories of names and slogans or logos cannot get trademark registration. The trademark authority will refuse them if your application for a trademark goes to the grounds mentioned in sections 9 and 11.

Usually, trademarks that are not distinctive, and hit the sentiment of some people or groups of people, religious beliefs, or cause confusion cannot be registered. The highlighting points on the refusal of a trademark involve mainly:

• The trademarks which are likely to hurt other community or religious sentiment
• The name that indicates an obscene or scandalous matter
• The list of prohibited trademarks, names, and embalms is restricted under the Act of 1950, such as the National Emblem, the Red Cross, and similar other names.
• You cannot create a Trademarks slogan or name hurting the religious sentiments of any community;
• Trade marks that comprise any scandalous or obscene matter
• Through the Prevention of Improper Use Act, 1950, you cannot use any symbol, embalms that are previously reputed nationwide, e.g. the Red Cross, the National Emblem, etc. in the national embalms, you may consider dharma chakra, Ashok Chakra, and similar other emblems.
• If any shape of goods is functional or essential to obtain technical results, or if it gives some sustainable value to the brand, it can be avoided. Otherwise, the authority may refuse the mark for registration.

Go For Trademark Search

Whatever the brand name, you may feel that it is unique and nobody in India has chosen it. Still, your conception might be wrong. This name may have been previously taken. So, you have to search for the trademark name by visiting IP India.

• You have to visit the IP India site (https://www.ipindia.gov.in/) to learn whether the name or logo has already been taken.
• Visit the site, and go to the menu “Trade Marks”.
• Then, you will get an option in the drop down called, “Related Links”.
• Hover the cursor on the mentioned option, and then you will get another sub-menu drop-down section where the second link would be public search. Click on it.
• You will get a massage displayed on the screen but proceed on. Click OK to proceed. Don’t cancel the option.
• You can also visit directly on the https://tmrsearch.ipindia.gov.in/tmrpublicsearch/ link.
• Fill out the specific area to search.
• When you search for the company name you have selected, you have to put the option: search type> wordmark> start with/contains/ match with, and then mention the class.
• Enter the captcha code in the particular niche and click on the “Search” option. You will get the results on whether there is any similar or matched trademark found on the database of the IP India site.

Way to Find the Class

You may be confused about the class search. Usually, IP India has selected 35 classes for goods and service providers. From 1 to 34 are the classes selected for goods, and from 35 to 45 are the classes for services. You can get the entire list and details on the same website. At the upper left corner menu of the (https://tmrsearch.ipindia.gov.in/tmrpublicsearch/) link, you will get the “Class Details”. Click on it and get the details of the classes. According to the business details, you need to select the class of the mark. If you cannot identify the class of your product or service, you will not be able to search for the trademark company name’s uniqueness. You will get the trademark classes on the following links as well. https://www.onlinelegalindia.com/blogs/trademark-public-search

If you get any similar or conflicting links, you have to avoid the company name or brand logo. Choose another name for you so that you can avoid rejection, refusal, or objections.

When you are satisfied that there is no similarity of “trademark my company name”, you can go for applying online.

Application Filling Process:

You have to determine the class of business or services and apply accordingly. You can also apply for a series trademark for multiple businesses. Usually, the cost of collective trademark registration is 10,000 per class per application (government fees). If you apply through the agencies or supporting companies, they may charge you differently.

If you want to “trademark my company name”, the government fees would be like the following: (As per Government Site)

Charges of trademark application

Acceptance of application:

You can file the application online or offline. When you file it offline, you have to download the specific form available online as a PDF form. Print it, fill it out, and then submit it to the trademark office in your area. The online form-filling process is also almost similar to the offline one. But you have to understand the process and follow flawless instructions on the website. If you file it offline, you will get confirmation from 15 to 20 days.

However, the online process confirms the application instantly after the successful submission of the form. If you want to “trademark my company name”, you can contact Online Legal India to get form-filling assistance and legal support.

Online company name registration procedure

We have previously informed you to prepare a business name and logo before application. You should have a business address or shop address, regarding the pan, and all other documents. Then, submit it by paying the fees.

How to check the company name and e-registration status

Check the status of your application online from the IP India portal. (https://tmrsearch.ipindia.gov.in/eregister/). You can directly click on the link and enter the details for a specific niche.

Then, click on the “National/IRDI Number.”

You will be taken to the next option instantly where you have to put the “Application Number” which you have received after submitting the application. Enter the number there. Enter the captcha code. Then, click on “view”.

The next page will show the details of the status of the trademark.

Trademark Status:

1. New Application

After the submission of the application and before getting addressed by the authority, the status of the trademark application of your, “Trademark my company name” will show the mentioned status.

2. Formalities Check Pass:

The application of your brand name trademark has successfully passed primary administrative checks. It may inform you of “Formalities Check Fail” when your application is faulty.

3. Marked for Exam

The application will be marked for the exam means your application is sent for examination. If it passes, then a further process will be initiated.

4. Objected

When the trademark is searched deeply in the database of the website of IP India, they publish it in the Trademark Journal in India. If anybody feels the trademark is similar to the trademark or the trademark of his own business, they can object with a legal procedure. Then the status shows that the trademark is objected to. The time for objection after Trademark Journal publishing is 4 months after publishing.

5. Approved

If no objection is found in the specific period of time, the IP India authorities will accept the application and approve it. Then the report shows the trademark is approved. You will get the registration certificate very soon.

6. Refused

If the application of your company name registration falls under the Trademark Act, sections 9 and 11, your application might be refused by the IP India department.

7. Withdrawn

The applicant can withdraw the application before it is approved. Then the status will show withdrawn.

8. Removed

This status shows that the Trademark has been removed from the database by the authority for some reason.

These are the status you will receive after applying for the trademark. You have to analyzing the meaning of the status. Then, you have to take necessary steps against the status of application you have noticed against “Trademark my company name”. There is a crucial point when you get “Objected” from any other party that yours is similar to others. What should you do then?

Trademark Opposition Cases

When opposition arises from any party, you have to show cause with proper documents and information with the help of legal assistance. You have to submit the counter statement within two months of receiving the opposition or objection notice. If you cannot show a proper counter statement, your application will be rejected, and your company name will not be registered as a trademark. You can contact Online Legal India to get legal support for this purpose as well.

Hearing on trademark opposition

If the opposition comes to your trademark or brand name registries, the opposition party will submit its registered logo. With the considerations of similarity or likeliness, the register will take the final decision. If approved, you will get back the company name trademark registered. Otherwise, you have to choose a new one.

How long it will take to get a trademark registration?

It will take 18 to 24 months to get a registered trademark if no objection is raised from any party.

What is the validity of a registered trademark?

The validity of a registered trademark will be 10 years. Before the completion of 10 years, you can apply for the renewal of it. Thus, you can run it for life or even the heirs can continue using it in this way.

Can I use it internationally?

No, when you apply to trademark my company name through IP India, you can use it and get legal support only in India. However, you can apply for an international trademark through WIPO portals.

Therefore, you learned the details of how to trademark my company name. To learn more, you can contact Online Legal India, the most trusted company for advising and giving solutions to all your requirements related to trademarking my company name.