Legal Arc Law Firm
Legal Arc Law Firm
New Delhi, Delhi
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Brand Registration

We are a leading service provider for the Brand Registration.

Approx. Price:  Rs 1500

Brand Name is other name of Trademark. Brand Name Registration in India governed by the Trade Marks Act, 1999 & Trade Marks Rules, 2002 (and amendments thereof). The Trademark Act & Trademark Rules seeks to provide for the registration of Brand Name relating to goods and services in India. The rights granted under the Act, are operative in the whole of India.

Brand Name registration is a very essential thing in the company’s brand building and to provide it a unique image. Every company owns exclusive rights for its Brand and it wants that no one should use that Brand so the trademark is needed for that purpose.

Under the Trademark Laws a letter, number, word, phrase, logo, graphic, shape, smell, sound or combination of these things are available for registration in India.

Registered Brand Names give companies instant recognition with buyers and represent an organization’s individuality. Brands for well-known companies can be identified at a glance and have tremendous marketing power. That’s why companies invest big bucks in finding top-notch designs. Simplicity is the key in today’s competitive Brand world.

After the Brand Name registration in India no other company or the person can use the Brand other than the owner. It is very essential to protect the Brand in this era of high competition. If your Brand Name is trademarked than you can entitle to get the statutory damages against any person who copy your mark in bad faith and the law imposes criminal liabilities against the wrong doer as well.

The best way to safeguard your Brand is to trademark it. Trademarks protect words, names, symbols, sounds and colours and distinguish one company’s goods and products from another. Trade marketing a Brand protects it from being used by other similar companies and also protects a company from unknowingly infringing upon an existing Brand – this is the best reason to make sure your trademark can be clearly identified.

We are comprised of experienced, capable and dedicated Legal Professionals, Trademark Consultants, Trademark Law Attorneys and Trademark Agents enabling us to provide best Trademark & Logo registration services in India. We are working in collaboration with many renowned law firms and eminent lawyers. Our underlying belief in being transparent, candid and interactive with the client has earned us many satisfying clients across the country.

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Intellectual property is a pharmaceutical company’s most valuable asset, and IP protection is essential to the success of pharmaceutical and pharmaceutical outsourcing industry. In Intellectual property rights Trademark protection has important status and it has significance in pharmaceutical company.

A Trademark is a visual symbol in the form of a word, a device ,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.

What Pharmaceutical brands are registrable in India?

All brands used in the trade are not registrable. The trademark law does not provide for the registration of all brands used in trade and business. Brands those satisfy certain requirements are only registrable. Therefore a brand which satisfies the prescribed requirements could be registered. Here it is very pertinent to know the requirements that a brand should satisfy for registration. The requirements that a brand should satisfy are as follows.

1. The Pharmaceutical brand should be capable of being represented graphically.

2. The Pharmaceutical brand should be capable of distinguishing the goods or services of one from those of others.

3. The Pharmaceutical brand must be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and services.

What Pharmaceutical brands are not registrable in India?

Certain brands are not registrable either in the public interest or due to the prohibition of such brands from registration in India under the statute for various reasons. The following brands are accordingly not registrable.

1 Pharmaceutical brands that contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

2. Pharmaceutical brands that comprises or contains scandalous or obscene matter;

3. Pharmaceutical brands which has the nature as to deceive the public or cause confusion;

4. Pharmaceutical brands prohibited under the Emblems and Name (prevention of Improper use) Act, 1950;

5. Pharmaceutical brands consisting exclusively the shape of goods which results from the nature of the goods themselves;

6. Pharmaceutical brands containing the shape of goods which is necessary to obtain a technical result or the shape, which gives substantial value to the goods.

Absolute grounds for refusal of Pharmaceutical brand registration in India are:

1. Pharmaceutical brands devoid of any distinctive character or not capable of distinguishing the goods or services of one person from those of others.

2. Pharmaceutical brands which indicates quality or other descriptive character of the goods or services.

3. Pharmaceutical brands which have become customary in the current language or in the bona fide or established practice of the trade.

4. Pharmaceutical brands to the trade or generic names or marks common, chemical names and international non-proprietary names.

5. Pharmaceutical brands likely deceive public or cause confusion.

6. Pharmaceutical brands comprising scandalous or obscene matter or likely to hurt religious susceptibilities of any class or section of the citizens in India.

7. Pharmaceutical brands prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950.

8. Pharmaceutical brands shape of which results from the nature of the goods themselves.

9. Pharmaceutical brands the shape of which is necessary to obtain a technical result.

10. Pharmaceutical brands the shape of which gives substantial value of the goods.

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STEP 1: Brand Name Search:

A Brand Name search is the first step in the Brand Name registration procedure. A search is to be conducted in order to determine the uniqueness of  the brand, and its similarity to other, pre-existing brands. It is very much advisable to conduct a Brand Name search before registering or using a Brand Name. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Brand Name application, and a third-party challenging the Brand Name registration application.

STEP 2: Filing of Brand Name Registration Application:

The second step in the Brand Name registration procedure is filing of Brand Name registration application after getting the positive search report. After receiving of the acknowledgement the applicant can use the symbol TM alongwith the applied brand. If the application for the registration of Brand Name filed through efiling system of Brand Name registration than the acknowledgement of the application alongwith the government receipt generate immediately after the filing. If the application for the registration filed manually than the acknowledgement provided only after 15-20 days.

STEP 3: Examination of Brand Name Registration Application:

Third step in the Brand Name registration procedure is issuance of examination report by the Registration office. Upon receipt of Brand Name registration application, the Registrar issues an examination report after examining the application. Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with brands which are already registered, or which are the subjects of earlier pending applications.

STEP 4: Publication of Mark in Trademark Journal:

Fourth step in the Brand Name registration procedure is the publication of the brand in the Trademark journal. If the Registrar consider the mark as a distinctive brand or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal. If no opposition to the brand is filed within 90 days from the date of publication, or 120 days if request for extension of time is given to the opponent and opposition is refused, brand proceeds for the acceptance of Registration.

STEP 5: Trademark Registration:

Fifth step in the Brand Name registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Brand Name is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.

Time Duration: If there is no objection and /or opposition raised, the process of Registration of Brand Name usually takes 15 to 18 months

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Approx. Price:  Rs 1500
One of the initial steps whenever you start a new business is to adobt a brand name and get it registered with Trademarks Registry India. By doing so you can protect your business and brand from illegal use. We have been providing Brand Registration services across the country since 1997.

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Approx. Price:  Rs 1500
Brand Name , Logo, Label, Punch line, Slogan, Taglines etc., are all registrable under Trademarks Act. We have been providing Brand Registration Services along-with other Trademark services across the country since 1997.

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Legal Arc Law Firm
Shalini Tyagi  (Manager)
House No. 3, Block- I, Street No. 1, West Sgarpur
New Delhi - 110046 , Delhi , India
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