Even if your company name is different from your brand name it is advisable to get both the brand name as well as the company name as tradmarks. The reason is that brand name creates the awareness, but the company name enjoys the goodwill. So if someone else gets the trademark of your company name, then it will be a risky game. If you have not registered your company yet. Register your company Online.
Documents Required for Trademark Registration:
1. Deciding on the trademark:
The first step in trademark registration process is to decide on what you want to register as a trademark, whether you want to trademark a company name , a company logo, a slogan or design etc. The entity/individual should keep in mind that the trademark shouldn't already be in use by any other entity/individual in the market.
Though the process might be a little brainstorming but if done right it can save a lot of time and efforts in the further process for registration.
2. Search for trademark:
Next step in registering a trademark is to look if the trademark you want to register is already in somebody else's name or not in Trademark Registry. Trademark offices handles application for search procedure.
Trademark Search can be either in online or offline mode. It is usually advisable to do it both ways in order to avoid any discrepancies in the later part. The cost for this process might range from 0-500 Rs.
3. Trademark Application:
Once you are done with conducting successful search and are satisfied about the trademark that needs to be registered. Now the attorney may go ahead with filing the registration application.
In India, the government fees to Trademark a company name is Rs. 4500 if your company has a MSME Registration. If it doesn’t have one then the government fees is Rs. 9000. The trademark attorney shall also charge a professional fees. You can get your Trademark Registration done online through StartEazy.
Subsequently after filing a trademark application, it is subject to scrutiny for any discrepancies or errors.
If after scrutiny the application and the trademark is found to be complete & unique, the examiner may give orders to approve it and publish it for further action. An applicant shall be given a chance for resubmission, in case any error is there.
After successful scrutinisation of the application, the trademark is then subject to publication if application has no errors in the Indian Trademark's Journal for any comments or objections by others. This is the final stage to trademark a company name.
Eventually the trademark is subject to approval, in case it doesn't receive any objections within 90 or 120 days(in some cases). But if it does, then they need addressing before proceeding any further. If you have already filed the application. You can check the status at Government of India's Website.
6. Certificate of Registration:
After its successful approval, the trademark registry provides the applicant with a registration certificate for the trademark. It shall be under the seal of trademark registry.
Your company name has been trademarked, now the holder of the trademark holds absolute right to the use of it. Furthermore anybody who uses such trademark other than the registered owner shall face serious legal trouble
The whole process of registration might take up to 8-24 months depending upon the series of events. It might take a little more time, if there are any objections to the application.
According to Trademark act, 1999, it has a registration period of 10 years after which it is subject to renewal. If not used for a continuous period of 5 years, it may be cancelled at the request of other party.
The rightful owner of the trademark has the option to renew it every 10 years up till an indefinite period. Failure to renew the trademark may cause removal of the trademark from Trademark registry. Fee for the application for renewal is INR 10,000 in physical mode, and electronically it is INR 9,000.
It is always advisable to get the registration for your trademark beforehand to protect it from unauthorised use.
You own a company name or a logo, and you have been adding value to it over the years. You enjoy goodwill by providing good quality products/services to your customers. You have a brand value for your company. And one day you come to know that it’s trademark registration is already in some other company's name and you can never legally own it or use it.
You will be held liable for illegal use of trademark registered in someone else's name. The benefit of trademark is nobody else can make use of your brand name. So it is always advisable to get the registration of trademark, whether it be a brand name, logo, slogan etc. to avoid any repercussions.
Registration of a trademark is always important in order to get the right to use a name. It also prevents others from using it.