• Online ecommerce business: Brand

I want to create a new brand. How do I make sure that I'm not encroaching anybody's IP/ Brand? 

How do I make sure nobody else copies my brand. What sort of protection is available and what is the time / cost?

How do the answers to the above two questions change whether brand is for Indian or global market? Thanks,
Asked 6 months ago in Intellectual Property from Delhi, Delhi
once you have finalised a brand name make an application for trademark registration along with supporting documents

2)An image of your brand logo in a standard size of 9 x 5 cms

3. If applicable, proof of claim of the proposed mark being used before in another country.

4)submit the application for registration  of brand name  to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. 

5) in the alternative you can do e  filing of your application 

6)the Registrar checks whether the brand name complies with the law and does not conflict  with other existing registered or pending brands. 

7)After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days  from the date of publication, the brand name proceeds to acceptance.

8)If no  opposition  are received , within the stipulated 90 days period, the Registrar accepts the trademark application

9) Certificate of Registration is issued under the seal of Trademark Registry.

10)The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration.

11) it would take around one year or so to register your trademark for the brand 

Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Your name should not be similar or identically similar to the name of an existing brand so as to bring trademark violation into picture. Apply for trademark registration of your brand. If anybody infringes your IP rights then you can file a suit for injunction apart from initiating his criminal prosecution.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
If the violation of IP rights is committed by a brand or individual outside India the action for redressal will have to be brought before the jurisdictional court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Hi 
1) A Trademark generally refers to a “brand” or “logo”.
2) Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.
3) Properly used and promoted, a Trademark may become the most valuable asset of a business. 
Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality. 
4) It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.
5) Use of TM, SM and ® symbols
5a) 'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.
5b) The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered. 
6) In order to protect your brand, you need to fill in the trademark application i.e. Form- TM 1. (http://ipindia.nic.in/tmr_new/first_schedule_forms/TM-1.pdf).
7) The application costs INR 3500 and is a one time fee.
8) Along with the Trade mark application, you will need to submit a couple of supporting documents:
8.1)  A Business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.
8.2) An image of your brand logo in a standard size of 9 x 5 cms
9) Brand Name : Filling the brand name registration application
There are 2 ways to file the registration – manual filing or e-filling.
9.1) In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.
9.2) But in e-filing system(http://ipindiaonline.gov.in/trademarkefiling/user/frmlogin.aspx), the acknowledgement of the application is issued immediately.
9.3) And after you receive the acknowledgement, you can start using the (TM) symbol next.
Examining the brand name registration application
9.4) After receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands.
9.5) Publication in the Indian Trade Mark Journals
9.6) After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.
9.7) Issuance of the trademark registration certificate
If no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application and issues a Certificate of Registration under the seal of Trademark Registry.
9.8) You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.
9.9) Trademark: The whole process of registration of a brand name usually takes anything between 15-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.
Hope this helps.
I sincerely appreciate your wisdom in protecting and realizing the value of your brand. 
All the very best and good luck. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
With the globalization of trade, brand names, trade names, marks, etc. have attained an immense value that require uniform minimum standards of protection and efficient procedures for enforcement as were recognised under the TRIPS. In view of the same, extensive review and consequential amendment of the old Indian Trade and Merchandise Marks Act, 1958 was carried out and the new Trade Marks Act, 1999 was enacted. The said Act of 1999, with subsequent amendments, conforms to the TRIPS and is in accordance with the international systems.
A trademark identifies the brand owner of a particular product or service. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy.The owner of a trademark may pursue legal action against trademark infringement. Common law trademarks offer the holder in general less legal protection than registered trademarks.The two symbols associated with U.S. trademarks ™ (the trademark symbol) and ® (the registered trademark symbol) represent the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® may only be used by the owner of a mark following registration with the relevant national authority, such as the U.S. Patent and Trademark Office (USPTO or PTO). The proper manner to display either symbol is immediately following the mark in superscript style.The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction.  In most systems, a trademark can be registered if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities.  If a trademark has been registered, then it is much easier for the trademark owner to demonstrate its trademark rights and to enforce these rights through an infringement action. Although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisdiction on a regional or global basis it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as "territoriality".  Well-known trademark status is commonly granted to famous international trade marks in less-developed legal jurisdictions.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Intellectual Property Lawyers

Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Nahush Khubalkar
Advocate, Nagpur
44 Answers
4 Consultations
5.0 on 5.0
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Sidharth Das
Advocate, Kolkata
21 Answers
1 Consultations
5.0 on 5.0
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0