The internet has connected the entire
world and opened up new markets for businesses. Businesses are no longer bound
by location and are able to access new markets across the world easily. The
rapid expansion of businesses into newer markets, along with increasing
advertising cost has necessitated brand name protection. In this article, Munim.in highlights the process for brand name protection and brand registration in India.
Brand
Registration:
A brand could be a business name,
domain name, product name, slogan, logo, term, design or other feature that
distinguishes a product or service of a company from those of others.
Brand registration in India involves multiple processes such as domain
registration, business name registration, trademark registration and copyright
registration, as follows:
- Domain
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 somewhat
similar with the brand name. Domain name registration is the first step in
brand name protection or brand registration, as it is both cheap and instant. A business may settle for a domain
ending with .in, .co.in .com, .net or other similar extensions. Domain name
availability can be searched through Google Domains or GoDaddy etc.
- Business
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., Once the brand name has been decided,
the Entrepreneur can use the Ministry of Corporate Affairs’ Company or LLP Name Check facility (or visit www.munim.in for such service) 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. The criteria of selection of name of the company or LLP is listed here.
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 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.
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.
For more information regarding Brand Registration in India, please visit www.munim.in.
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Munim Team
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