What is the brand? What distinguishes a product or service, the guarantee that pushes the consumer to choose your business and not the competition?

The brand is what the consumer certifies the origin of a particular product: it is a real guarantee of authenticity and quality. Generally the brand is characterized by a word or graphic sign that can make it unique. Furthermore, to be considered as such, a trademark must be registered. How to see if a trademark is registered? All registered trademarks are indicated in India with the initials How to get Trademark Registration? There is a precise bureaucratic process that allows you to register the company brand and make it exclusive and authentic in all respects.

But why do trademark registration? Because the registered trademark guarantees the owner the Right of Privilege, that is a real exclusive right in the use of that specific trademark for advertising purposes. In addition, a well-established brand has significant commercial value. Just think of the famous Apple, Coca-Cola or Netflix: these names are guarantee certificates worth hundreds of thousands of dollars on the market. For this reason, especially for nascent businesses, it is always advisable to proceed with the registration of your brand: it is a strategic action that could yield significant results in the future.

Let’s find out what Indian legislation says, how to register a trademark and how much it costs your business.

Trademark registration: what the Indian legislation says

What can actually be registered as a trademark? Indian law expresses itself regarding the issue in Act. 1999 of the Industrial Property Code. In fact: “ All signs, in particular words, including names of people, drawings, letters, numbers, sounds, the shape of the product or its packaging, may be registered as a trademark, color combinations or shades, provided they are acts ” , such as:

1. Words
2. Drawings
3. Names
4. Letters
5. Figures
6. Sounds
7. colors
8. Shapes or packs
9. Combinations of colors and chromatic shades

Special cases relate to personal names: in order to register a trademark with a personal name, it is essential that this does not damage the fame or dignity of those who bear that name. In addition, brands with famous names, portraits of people or coats of arms are also special. In this case, in order to register these trademarks, an agreement between the parties is necessary as it will refer to something or someone already known to the public.

In order to be registered, a trademark must have three fundamental characteristics. It must be:

1. New : must not remember or resume any existing or existing registered trademark in the past;
2. Distinguished : must be able to stand out, to immediately indicate the product or service he is sponsoring;
3. Lawful: it must not be offensive to anyone.

The owner has three main exclusive rights on the use of the registered trademark. In fact, it can prohibit third parties from using in economic activity:

1. a) ” A sign identical to the trademark for products or services identical to those for which it was registered”;
2. b) ” a sign identical or similar to the registered trademark, for identical or similar products or services, if due to the identity or similarity of the signs and the identity or affinity between the products or services, a risk of confusion could arise for the public, which may also consist of a risk of association between the two signs ” ;
3. c) ” a sign identical or similar to the registered trademark for products or services, even if not similar, if the registered trademark enjoys the status of renown and if the use of the sign, also for purposes other than that of distinguishing the products and services, without right reason allows you to take unfair advantage of the distinctive character or the reputation of the brand or prejudice them “.

 How to register a trademark: the procedure

The first step to register a trademark is to contact the official bodies, the only ones that can proceed with the evaluation of a registration.

1. To register a trademark on Indian territory: CGPDTM ,Indian  Patent and Trademark Office
2. To register a trademark on Asia territory: HIPOC , Intellectual Property Office of the Asia Union
3. To register an international trademark: WIPO-WIPO , World Intellectual Property Organization

After finding out which official bodies to contact, here are the 5 correct steps to register your company brand:

1. Design the brand

How to register a trademark? The first thing to think about is design. To be eligible for registration, a trademark must be authentic, new and original. It must not be generic nor must it contain particularly qualitative or laudatory terms. It is essential that it is truly exclusive: the idea of ​​others cannot be copied. For this reason it is essential to focus on choosing the brand name and graphic image.

2. Do a search for anteriority

Before filing a trademark registration application, it is essential to carry out a clear prior art search. What’s this? Simply a search carried out by the owner of the new trademark to make sure that similar or identical trademarks do not exist or have existed. How you do it? Just consult the official website of the WIPO (World Industrial Property Organization) and enter the name of your brand in the appropriate section. Thus, if very similar brands exist, it will be possible to trace them and work on the differentiation of one’s product from the others already registered.

3. See the Nice Classification

The Nice Classification is an official document which came into force on June 15, 1957. It has the task of defining the classes of goods and services on the market. There are currently 34 classes of products and 11 classes of services. In order to proceed with the registration application, it is necessary to identify which class your products or services belong to and associate it with the brand. For example: how to register a clothing brand? Just indicate category 25; and for musical products? Class 1; or even for smoking products?

4. Register your brand

After having conceived all the strategic steps to register your trademark, you can move on to forwarding the application. There are three types of registered trademarks: Indian, Asia and international ones (valid respectively within the borders of the pre-established countries). Let’s find out how to register a trademark:

Indian

The quickest method to submit a trademark registration application is to apply directly to the nearest Chamber of Commerce and Crafts. Alternatively, on the CGPDTM portal it is possible to download online Form C , or the document with which it is necessary to request the trademark verification. It is always recommended to send the completed form to CGPDTM by registered letter with return receipt. The body itself will send the application directly to the Chamber of Commerce below. What do you need to fill in the form correctly?

1. Form filled in with the owner’s personal data and brand characteristics;
2. Copy of the owner’s identity documents;
3. Certification of payment of the necessary fees and taxes in the secretariat;
4. Revenue stamp to be attached to the documentation;
5. registration fee;
6. Three signed copies of all previous documentation.

Asia

The bureaucratic procedure for submitting the registration application is the same, but the body to contact is the HIPOC, whose main office is located in Alicante. The application can be sent in paper form (by registered letter with return receipt) or electronically, by downloading the form on the official website.

International

Again, it will be necessary to submit an official application, this time to the WIPO or WIPO body . Just as for the other two procedures, to register an international trademark or logo it will be necessary to fill in the official form. The trademark will be valid within the 97 countries that have signed the Madrid Agreement.

5. Wait for the evaluation and proceed with the protection of the brand

Once the registration request has been submitted, it will be necessary to wait for the registered trademark verification. The owner must use the trademark within 5 years from the moment of official registration; otherwise the official status may lapse. The wait could last a few months. In fact, the Bodies will have to analyze:

1. If the categories indicated correspond to the brand;
2. Are the categories indicated in line with the Nice Classification;

• Whether similar brands exist or have existed;

1. Any requests for objection from owners of other brands.

 How much does it cost to register a trademark?

Registering a trademark is not a free procedure, but has a cost that is based on some fixed fees and other possible variable values. The cost mostly depends on the territoriality of the brand and the product categories to which the brand refers. Furthermore, the fees vary according to the method used (online or on paper). Let’s find out what the costs are:

Registration Package of the Indian trademark

Basic Package     Rs. 2000 + Govt. Expenses

1. Free Trademark Consultation
2. Free Comprehensive Search

• Analysis Of Your Search

1. Authorization Letter (GPA)
2. Assessment Of Registration Class
3. Preparing And Filing Of Your Application Under 1 Class

 Gold Package    Rs 2900 + Govt. Expenses

1. All Services From Basic Package
2. Get 10% Discount On MSME/SSI Certificate

  Platinum Package Rs   7000 + Govt. Expenses

1. All Services Of Gold Package
2. Designing Of Business Logo

International trademark registration cost

Registering an international trademark has lower costs than the two previous cases. First of all, the taxes depend on the origin of the trademark to be extended: if he is Indian, the owner will have to pay the CGPDTM tax, In addition to this cost, each country has its own tax rules to be respected.