How to Register a Trademark for a New Business?

Building a strong brand is crucial for any new business aiming to stand out in today’s competitive market. One important way to protect your brand’s identity is through a trademark. A trademark helps secure your business name, logo, or slogan and gives you the exclusive right for continuous use of the mark. This ensures that your unique brand stays safe from misuse or copying.

In this blog, you will learn about how to register a trademark for a new business, including its importance, process, and other key aspects.

What is a Trademark?

A trademark is a distinct symbol, word, design, or a combination of all of them, that helps identify and distinguish products or services, creating a unique brand identity. It serves as a brand identifier and assures consumers of the consistency and quality associated with a particular business. This also builds customer trust and brand recognition over time.

According to the Trade Marks Act, 1999, registering a trademark gives the owner exclusive rights to use it for specific goods or services. If someone else uses it without permission, the trademark owner can take a legal action for infringement.

Why is Registering a Trademark Important for New Businesses?

Here are the key reasons for registering a trademark for new businesses:

• Legal Protection and Exclusive Rights

A registered trademark gives your new business the exclusive right to use its mark for the specific goods or services it covers. This protection helps stop others from copying or misusing the brand which preserves its identity and trust. If someone infringes on the mark, the business can take legal action to defend its rights and reputation.

• Asset Creation and Business Valuation

Trademarks are valuable intangible assets that often grow in worth as your business becomes more popular and successful. A well-known trademark enhances a company's value. It helps to attract investors, customers, and business collaborations.

Additionally, businesses can license or franchise their trademarks. This helps to create extra income opportunities and expand their brand reach even further.

• Government Incentives for Startups

The Indian government understands how important intellectual property rights are for startups and offers several benefits to support them. Startups often receive significant discounts on trademark filing fees. It makes the registration process more cost-effective and accessible. They also get help from official facilitators, who guide them through the trademark registration process. This helps new businesses to protect their brand.

• Enhanced Brand Recognition and Consumer Trust

A registered trademark symbolizes trust, quality, and dependability for consumers. This helps to build trust with customers. It clearly sets a business’s products or services apart from others in the market and boosts brand recognition. As customers grow familiar with the brand, their loyalty strengthens, leading to long-term growth and success for the business.

• Protection Against Unfair Competition

Trademark registration will give your business strong legal protection against unfair competition. It allows the business to act against counterfeiters and those who misuse its brand name. This protection is crucial in maintaining the integrity and uniqueness of the business's offerings. 

• Facilitates Business Expansion

A registered trademark can simplify the process of expanding the business into new markets, both domestically and internationally. It provides a solid foundation for brand consistency across different regions. It also can be a valuable asset when entering licensing or franchising agreements.

• Simplified Registration Process

The process of registering a trademark in India has been streamlined and makes it more accessible for new businesses. With online filing options and reduced paperwork, startups can complete the registration process efficiently. Additionally, the introduction of expedited processing has further shortened the time frame for obtaining trademark registration.

Documents Required to Register a Trademark for a New Business

Here is the list of documents required to register a trademark for a new business:

1. Trademark Application Form (Form TM-A): The official application form for registering a trademark.
2. Applicant's Identity Proof:

• For individuals: PAN card, Aadhaar card, or passport.
• For companies: Certificate of Incorporation and PAN card.

3. Address Proof of the Applicant: Utility bills, bank statements, or any official document confirming the address.
4. Proof of Business Registration:

• For sole proprietorships: GST registration or MSME certificate.
• For partnerships: Partnership deed.
• For companies: Certificate of Incorporation.

5. Trademark Details:

• Clear representation of the trademark (word, logo, or both).
• Description of the goods or services associated with the trademark.

6. Power of Attorney (Form TM-48): If a trademark application is submitted through an agent or attorney, this form grants them authorization to represent the applicant's interests.
7. User Affidavit: If the trademark has been in use prior to the application date, an affidavit detailing the usage history is required.

How to Register a Trademark for a New Business?

Registering a trademark is a key step for a new business to protect its brand identity. In India, the process is governed by the Trade Marks Act, 1999, and managed by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM).

Here is a step-by-step process to register a trademark for a new business:

Step 1: Trademark Search

Before starting the trademark registration, the entrepreneur or a trademark expert needs to do a trademark search. This search helps find out if a similar or identical trademark already exists in the trademark registry and avoids future problems. You can conduct a trademark search by accessing the Trademark Registrar Portal.

Step 2: Choose the Appropriate Class

Trademarks are registered according to specific Classes under the Nice Classification (NCL) system. There are 45 trademark classes in total including 1 to 34 for goods and 35 to 45 for services. Choosing the correct class grants that trademark protects your exact products or services.

Step 3: Filing the Trademark Application

After completing a successful trademark search, you can proceed to file the application. Submit Form TM-A either online through the IP India website or offline at the relevant Trade Marks Office. The application must include the applicant’s details, the trademark (word, logo, or image), the relevant class, the first use date (if applicable), and a Power of Attorney if filing through an agent.

Step 4: Examination by Trademark Office

Once the application is filed, the Trademark Office reviews it and issues an examination report within 30 days. They check if the trademark is unique if similar trademarks exist, and whether all legal requirements are met. If problems are found, an examination objection is raised.

Step 5: Reply to Examination Report

If objections are raised, you must submit a reply within 30 days explaining your position. In some cases, authorities may arrange a hearing where you can present and defend your trademark application.

Step 6: Publication in Trademark Journal

Once your trademark is approved, it gets published in the Trademark Journal and gives the public a chance to review it and file any trademark objection. They have four months to oppose if they feel it conflicts with an existing trademark. This step ensures transparency and protects the rights of other businesses.

Step 7: Opposition Proceedings (if any)

If someone files an opposition, both the applicant and the opponent are allowed to present their side with proper evidence. A hearing may be scheduled if needed. The Registrar then reviews everything and decides whether to approve or reject the trademark. If there is no opposition or it fails, the process continues smoothly.

Step 8: Registration and Certificate Issuance

Once your trademark application is approved, it becomes officially registered, and you receive a certificate with the Trademark Registry’s seal. You can then use the “R” symbol to show ownership. The registration will be valid for 10 years and can be renewed every decade to keep your brand legally protected.

Cost of Trademark Registration

Here are the costs of Trademark Registration:

1. Application for Trademark Registration (Form TM-A)

• For Individuals, Startups, and Small Enterprises: The government fee is Rs. 4,500 per class for e-filing and Rs. 5,000 for physical filing.
• For Others (e.g., Companies, LLPs, Large Enterprises): E-filing costs Rs. 9,000 per class, and physical filing costs Rs. 10,000 per class.  

However, the fees are applicable per class and per mark. If you wish to register the trademark in multiple classes, the fee will be multiplied accordingly.

2. Expedited Examination Request

This process is officially allowed under Rule 34 of the Trade Marks Rules, 2017.

• For Individuals, Startups, and Small Enterprises: E-filing costs Rs. 20,000 per class.
• For Others: E-filing Costs Rs. 40,000 per class

Thus, the fastest examination is available only through e-filing.

3. Trademark Renewal (Every 10 Years)

Standard Renewal Fee (Form TM-R): E-filing costs Rs. 9,000 per class and physical filing Costs Rs. 10,000 per class.

Renewal with Surcharge (If filed after the expiry date but within six months): Renewing a trademark costs Rs. 13,500 per class if done online, which includes a Rs. 4,500 surcharge and Rs. 9,000 renewal fee. For physical filing, the total is Rs. 15,000 per class, including a Rs. 5,000 surcharge and Rs.10,000 Renewal fee.

4. Restoration of Removed Trademark

Restoration Fee (Form TM-R): To restore a removed trademark, you must file Form TM-R, with a fee of Rs. 9,000 per class for e-filing or Rs. 10,000 for physical submission.

However, this is applicable when a trademark has been removed from the register due to non-renewal and the proprietor seeks its restoration.

Conclusion

Registering a trademark is a vital step for any new business to secure its identity, build brand trust, and gain a competitive edge. It offers legal protection, boosts brand value, and simplifies expansion. With government support and an accessible process, trademark registration is an investment in long-term business growth and recognition. If you want to register a trademark for your new business, contact Online Legal India. They have experts to guide you.