Process for Brand Registration in India

The internet has connected the entire world and opened up new markets for businesses. Businesses are no longer constrained by geography and are able to quickly access new markets across the world. The rapid expansion of businesses into newer markets, coupled with increasing advertising cost has necessitated brand name protection. In this article, we look at the process for brand name protection and brand registration in India.

Brand Registration

Steps involved in brand registration in India

A brand could be a business name, domain name, product name, slogan, logo, term, design or other feature that distinguishes a product or service from an entity from those of others. Branding is a must for all businesses that are into manufacturing of products or providing of services. Brand registration in India involves multiple processes such as domain registration, business name registration, trademark registration and copyright registration, as follows:

Domain Registration

Brand Registration - Domain Name Registration

Branding exercise starts from domain registration, as more and more people search online for businesses, products and services. Online presence has become a must for all businesses and it is important to lock-in the required domain name for the business, that is synonymous with the brand name. Domain name registration is the first step in brand name protection or brand registration, as it is both cheap and instantaneous. Therefore, it is important to first register the domain which will relate to the brand registration.

Most popular domain names ending with .com or .net have already been registered, so a business may have to settle for a domain or other similar extensions. Domain name availability can be searched through Google Domains or GoDaddy.

Business Registration

Brand Registration - Business Name Registration

For startups setting up a new business, the branding exercise starts from the selection of business name. Business name is legal name of the entity, reflected on the bank account of the business, tax registration, legal documents, employment contracts, etc., Business name doesn't have to match the brand name or website of the business. However, it is nice to have a business name that is similar to the domain and brand name. An example of a business name that matches the brand name would be Makemytrip; wherein, the brand name Makemytrip matches the company name - Makemytrip Limited. An example of a business name that doesn't match the company name would be HealthKart; wherein, the brand name is Healthkart and the company name is Aquamarine Healthcare Private Limited.

Once the brand name has been decided, the Entrepreneur can use the Ministry of Corporate Affairs' Company or LLP Name Check facility to search for available names. It is important to remember that the Ministry of Corporate Affairs does not approve any proposed business name that is: similar or identical to that of an existing company or LLP or trademark. You can read the article on Company and LLP Naming Guidelines to know more about company or LLP naming procedure. You can find more information about Private Limited Company Registration or LLP registration on IndiaFilings.com.

Trademark Registration

Brand Registration - Trademark Registration

Trademark registration is the only registration that can afford absolute brand name protection. Trademark can be used to protect the brand name, business name, slogan, logo, design and more. Therefore, businesses planning to invest significantly in branding or brand promotion must definitely obtain trademark registration. Application for trademark registration must be filed under one or more of the trademark classes that relate to the goods or services to be sold by the business. The article on how to do a trademark search in India provides detailed information on performing a trademark search in India. To know more about trademark statuses mentioned in a trademark search, refer to the article on "Understanding Trademark Status".

Once a trademark application is filed with the Trademark Registrar, the TM symbol can be placed next to the trademark. Trademark registration is however a long process that could take more than 1 year. Therefore, application for trademark registration must be made as soon as possible, and the trademark application must be tracked until the trademark is registered. Once the trademark is registered, the ® symbol can be placed next to the brand to put others on notice that the brand is a registered trademark. Trademark registration is one of the most important part of a brand registration in India. To file a trademark registration application, visit IndiaFilings.com.

Copyright Registration

Brand Registration - Copyright Registration

Copyright registration and protection is afforded for literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. If the brand has a unique logo with artistic characteristics, then the logo of the business can be copyrighted to obtain additional brand registration, under the law. Logos that are not very unique or have no artistic characteristics usually cannot be copyrighted. An example of a copyrightable logo is the logo of Starbucks Coffee, which has unique and artistic characteristics.

Application for copyright of logo must be made to the Copyright Office in the prescribed format. Copyright registration is typically faster than trademark registration. Therefore, businesses that require quick brand registration can apply for a copyright registration in addition to the trademark registration. To know more copyright or obtain copyright registration in India, visit IndiaFilings.com.

For brand registration in India, visit IndiaFilings and talk to an IndiaFilings Business Advisor

Back to Learn

Frequently Asked Questions

Common questions about Brand Registration Process in India: Secure Your Business.

Brand registration is crucial for businesses in India as it provides legal protection for their brand name, logo, slogan, and other distinguishing elements. It helps prevent others from using similar or identical branding, safeguarding the business's reputation and market presence.

The main types of brand registration in India include domain name registration, business name registration, trademark registration, and copyright registration. Each of these registrations offers protection for different aspects of a brand.

Trademark registration is one of the most important parts of brand registration in India. It provides the strongest legal protection for a brand name, logo, slogan, or other distinctive elements, preventing others from using them without permission.

The trademark registration process in India can take more than a year to complete. Therefore, it is essential to file the trademark application as soon as possible and track its progress until the trademark is registered.

No, a business cannot use the ® symbol before obtaining a trademark registration. However, they can use the ™ symbol after filing the trademark application to indicate their claim over the mark.

Copyright registration is not mandatory for brand registration in India. However, if a brand has a unique and artistic logo, obtaining a copyright registration can provide additional protection for that specific element.

Domain name registration is the first step in brand registration, as it secures an online presence for the business. It is crucial to obtain a domain name that aligns with the brand name, as more people search for businesses online.

Yes, a business name can differ from the brand name. The business name is the legal name of the entity, while the brand name is what the business uses for marketing and branding purposes.

Businesses can use the Ministry of Corporate Affairs' Company or LLP Name Check facility to search for available business names in India. This ensures that the proposed name is not identical or similar to an existing company or LLP or trademark.

Businesses can obtain brand registration services, including trademark registration, copyright registration, and domain name registration, from platforms like IndiaFilings.com. These platforms offer professional assistance and streamlined processes for brand registration in India.