What is Online Brand Registration? Details below!
Posted: Aug 16, 2020
The brand name of a company is a symbol or name that signifies the special form or product or service of that company. It is a unique mark is used by the businesses, to make their products or services known and popular among the people. It also creates trust and credibility of the clients for the company. Hence, the company needs to do the brand registration under the MCA for availing legal control over the brand name. It is crucial to protect it is an important asset of the company under the Indian trademark laws and regulations. The company needs to file an application under the Office of Controller General of Patents Designs and Trademarks, as per the guidelines of Trademark Act. This process of online brand registration in India can be a little confusing and tedious. Hence, the business owners can get the assistance of legal experts for handling the application process. Numerous legal firms can be contacted for swift and professional services.
Eligibility for the trademark registration
The brandname registration application can be done by any person or legal entity in India. They may be an Indian citizen or Indian Business. But there is also provision of foreign citizen or entities. If they want to apply India, they need to file a legal application for their brand registration under the Indian government.
The brand name for registration can be a name already in use or a name proposed to use as per the company. When you are filing for a brand which has not been revealed yet, then you need to file the application under the heading ‘mark proposed to be used’.
Advantages of Trademark Registration:
- It provides Exclusive Rights of the company owner over registered brand name. He may use it for different classes he applied for. Also it prevents unauthorized use of the brand name.
- It builds trust and Goodwill of the company, among the masses in market. It may lead to forming long term loyal customers.
- It specifically differentiates Products from other similar products in the market. It also states the vision, quality and specific characteristics of the company.
- The registration of the brand makes its an intangible asset of the company. Hence, the owner can sell, assign, franchise or commercially contract it for his use.
- Once the registration is done, the company will be able to use of ® symbol for its brand.
- The registration provides protection against brand name infringement.
- The registered brand is valid for 10 Years at very low cost:
- With the registration, you may even use it on global level by filing the same name there.
Documents required for trademark
The Online Brand Registration application can be filed under the MCA with the essential documents. The list is mentioned below:
- The brand name which is proposed or already in use.
- Any Identity Proof of the company owner.
- The Incorporation certificate of the company (for company or LLP)
- The Address proof of the company.
Online trademark registration process
The online brand registration process is done by filing an application under the Ministry of Corporate Affairs. The steps for obtaining the registration in India for any company brand are mention in detail below:
- The first step is filing an application as stated in the guidelines of Trademark Act of India.
- Then, within three months to one year as per the backlog of the registry, an examination report is issued.
- The applicant has to reply for the examination report within 30 days from the date of receiving the report. If the registrar is content with the reply of applicant, then he precedes the application forward for advertisement in the Trademark Journal.
- The brand name is advertised on the Journal to allow the public opposition for that name.
- The opposition has to put objection within four months of posting it on journal. After that time, it is termed unobjected and deemed as unique.
- Hence, the certificate for brand name registration is provided to the applicant.
Kavita is working as a consultant at a legal services in India. She is also an experienced and passionate writer who has been written many Blog and websites' content about Company registration and Trademark registration in India.