Again thanks to the digital world, brand registration has become an easy task as lots of online service providers are bidding for doing brand registration at the least rates. Though it’s just some clicks away, still applicants should be aware of the terms & conditions entangled with brand registration in India. Focusing on the topic, this article shall brief all the key points relevant in the brand registration like; requirements, procedure, validity, and national/international credibility. Lastly, the writer will end this article with its concluding thoughts targeting the sensitivity of this subject matter.
Identification signs are not just important for an election among the illiterate population. A unique mark/logo/tagline is how any business brand interacts with its customers. It can be framed by anything like alphabet/number, colour, symbol, image/graphics or phrase, etc., but its uniqueness is important from which authenticity of a brand can be signified. With the evolving era of Intellectual Property Rights (IPR), brand registration is the utmost requirement for safeguarding its brand value and protecting the same from any unauthorized usage/claim. Especially for the startups coming with innovative ideas should go for brand registration so that nobody can use their name/fame for their benefit.
Brand Registration: Online Procedure
To register its brand as Trademark, the applicant should be ready with the Designed Mark and Business Details like company name/address & nature of business. Before finalizing any design, the applicant should check its feasibility via Public Search of Trademark [https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx]. After arranging all the requirements, registration can be done with simple 2 steps:-
1. Upload the details on the official portal, i.e., https://ipindia.gov.in/trade-marks.htm & apply. With the acknowledgment, the applicant is free to use the claimed mark as its TradeMark (TM)/ ServiceMark (SM); 2. In approximately 60days, the submitted application is evaluated, and there are no discrepancies in terms of the provisions of the Act and previously registered trademarks. Then, it shall be published in the Indian Trademark Journal set time-period (varies between 60-120days). If no objection is raised, then a trademark registration certificate will be issued, and the owner can use it as a registered mark (Ⓡ). It may be noted that in case of objection, the procedure may go long, like 2-5months.
Validity & Renewal
The issued registration certificate has a validity of 10years which can be renewed endless times when last year is left in its expiry. Non-renewal shall consequent to removal though identity is given to the brand remains forever. Hence, the removed trademark can be reinstated by submitting the prescribed form whenever it’s required.
International Brand Registration
For building worldwide brand value, the applicant can also go for a global trademark by registering themselves with World Intellectual Property Organization (WIPO) which can be done only after the aforementioned registration mechanism. WIPO also has a similar procedure and other implications.
Conclusion:
Building brand value is the foremost thing from which anyone can earn the best benefit, which may even lead to centuries; thus, protecting such intangible assets is crucial. Though many economic brand registration services are available online, the applicant should not take it for granted and check the application thoroughly before submission. Further, it is advisable not to take the restoration option granted and renew the registration certificate regularly.