How Brand Name Registration Boosts Business Credibility?

In India, trademark authorization is granted by the Controller General of Patents, Design, and Trademarks which is the Registrar of Trademarks. In the United States, the USPTO (United States Patent and Trademark Office) is responsible for granting patents and trademarks. Similarly, in the United Kingdom, the IPO (Intellectual Property Office) over the registration and grant of trademarks, designs, copyrights, and patents.

Trademark registration or brand registration is highly recommended to businesses owing to its numerous advantages. It is an intellectual property that safeguards the identity of brands, deters others from using it, and increases business value which makes it easier to attract customers and investors, secure partnerships, or enter into merger deals.

Keep reading to know how brand name registration, a crucial component in trademark, fosters trust and increases the credibility of the brand.

What is Trademark and Brand Name Registration?

As per the Trademark Act 1999, a trademark refers to a mark that can be represented graphically and helps in distinguishing the products and services of one brand from another. Trademarks can be signs, symbols, brand names, and even the shape of the product, color combination, and packaging style.

A brand name, on the other hand, is a trademark element similar to a logo, symbol, or pattern. A brand name is by which the customers recognize the business’s goods or services. In simpler terms it is the name given to a product or service by the business; a name that the company uses.

The Role of Trademark Search in Ensuring Unique Brand Identity is crucial to verify the availability of the proposed trademark. Trademark search helps in determining whether the proposed logo or brand name is not the same or deceptively similar to an existing mark; helping to avoid any potential legal conflicts and eliminating the possibility of costly legal battles.

What are the Benefits of Brand Name Registration?

Brand registration, also referred to as trademark registration, is a legal process where individuals/ corporations register their trademark (name, logo, symbol, jingle, or designs) to prevent others from imitating or using it without permission. Brand name registration is pivotal to establishing legal ownership over the name and protecting it from any infringement. Here’s how registering the brand name proves to be beneficial for the businesses:

• Exclusive Rights: One of the most important features of trademark registration, including brand name registration, is that it grants the trademark owner exclusive right to use it in its marketing campaigns, on products, while providing services, on websites, and others. It also allows businesses to sue anyone for unauthorized use of their trademark. Brand name registration prevents others from using the same name in their business, eliminating the risk of confusion in the market which can heavily harm the customer base and goodwill of the business.
• Ensure Product Quality: In the clogged marketplace, only those brands survive and thrive that offer top-notch quality goods or services. Quality is a cornerstone on which the extent of the customer base depends. However, even if the brand ensures that their products are of premium quality, they may not be getting enough recognition due to the absence of well-crafted marketing strategies or lack of recognition. Brand Registration can assist businesses in creating a robust brand image and identity, allowing customers to easily identify the business and associate their trademark with quality and trustworthiness over the years.
• Increase Revenue: Businesses can generate passive income by selling, franchising, or commercializing their brand name. Any business can granted its franchise rights to entrepreneurs in over other countries, allowing the business to generate a substantial source of revenue stream while expanding its business model to every corner of the world.
• Infringement Protection: By registering a brand name, no third party can use the same trademarked element without obtaining permission from the owner. Failure to do so violates the provisions of the Trademark Act 1999, allowing the trademark owner to pursue charges against the person or corporation and seek compensation for the damages.
• Market Expansion: A business with a registered brand name can seamlessly enter into newer markets without needing to worry about trademark infringement or copying of the name. A registered brand name showcases that the brand is protected and recognized by the governmental authorities, allowing customers in the newer regions to place their faith and trust in the business.
• Attract Customers: Brand name registration not only protects the venture from infringement and counterfeiting products, but it is also a valuable business asset. Brand names are linked with the value and performance of the business, playing a key role in attracting potential buyers, investors, and customers. A registered brand name is an indicator that the business is serious about its operations, has a distinct identity, and substantial market presence.

How does Trademark Protection Enhance Brand Growth and Recognition? Trademark protection helps corporations increase their brand value and credibility, attract investors and customers, and build loyalty and trust among customers. A registered trademark is an indicator of authenticity, professionalism, and consistency. All this enables businesses to shape their business trajectory, allowing them to stay ahead of their competitors and increase business growth.

Steps Involved in Trademark Registration in India

In India, a trademark is granted for a period of 10 years which means that the owner can enforce his/her trademark right for a minimum of 10 years. Upon conclusion of this time frame, the trademark owner has to renew its registration by using the form (TM-R). One must note that the Trademark registry can remove a registered trademark from its database within this period as well in certain circumstances. For instance, in case the owner has not used the trademark for a continuous five years or more from the date of grant of registration.

To register trademark in India, consider the following steps:

• Trademark Search: Before initiating the trademark registration process, the applicant are recommended to conduct a thorough trademark search. It will help in determining whether the trademark infringe on any existing mark or is similar to a mark that is already claimed/ registered by someone else. In India, this can be done by accessing the trademark databases and other sources of the Trademark Registry.
• Identification of Class: Class in trademark registration refers to the categorization system established to place goods or services in their respective classes out of a total of 45 classes. It organizes the trademark registration process and makes it easier to safeguard the trademark within a particular industry.
• Hire an Attorney: Applicants can hire a trademark attorney who will provide assistance in navigating through the complex procedure of trademark registration. The legal expertise and profound trademark knowledge will be beneficial in streamlining and expediting the entire trademark authorization process. In case the applicant hires a trademark attorney, they have to first authorize the person to act on their behalf (create power of attorney) using Form TM-48.
• Preparation of Application: Prepare and fill out the trademark application form (Form TM-A) by specifying the details of the trademark proposed, applicant details (name, contact information, and other required details), etc. Applicants can access the form from the official website of the Trademark Registry.
• Payment of Fees: The government fee must be paid once the applicant fill out the application form successfully. The fee charges depends on the type of applicant such as individuals, small companies, etc. It also depend on the number of classes the trademark is applied for.
• Examination: Once the application reaches the trademark registry, it will examine and review the application to ensure that it complies with all the requirements such as all the documents are accurately submitted, the applicable fee is paid, the mark is distinct, unique, and fulfill other parameters necessary for its approval.
• Office Action: Sometimes the trademark registry may request additional clarification or request to change certain things, known as office action. Upon thorough examination, the registry will issue a report that may contain objections or questions that applicants must address properly and promptly to avoid any rejection of the application.
• Trademark Objection: Trademark objection or opposition occurs when the Trademark Registry publishes the mark in the Journal and makes it open for the public to object in case it infringes on an existing trademark. When someone files an opposition, the registry will analyze and conduct a hearing. A published trademark remains in the journal for 4 months.
• Grant of Registration Certificate: In case the mark obtains no opposition or receives the hearing result in its favor, and the application meets all the requirements, the mark will be granted a registration certificate. The certificate will confirm the right of the applicant over its proposed trademark, allowing it to start using the R symbol upon official registration.

Final Thoughts

Brand registration is not just about legal protection; it also acts as a crucial marketing tool for advertising the brand image of the business. A registered brand name helps a business create a strong brand identity, and market presence, and attract customers. This in turn allows businesses to command higher prices, increase their appeal while entering into newer markets, and expand their customer base. A registered brand name of a renowned business also offers numerous licensing opportunities which helps in enhancing the revenue stream and brand value over the period. Reach out to trademark professionals of Legal Raasta to get detailed insights into the brand name registration process receive end-to-end and tailored legal services.