Business rebranding is an important strategic exercise for any company ready to revive their image, capture an audience appealing, or realign with the market now time. If you are doing a logo change, name change or an entire brand change, protecting your trademarks is important during rebranding. Trademark registration in India is an essential part of preserving brand ownership and minimizing litigation. This guide is a resource for businesses to help you avoid losing your intellectual property rights while rebranding and successfully carrying out the trademark registration process to ensure a seamless transition.
Getting Your Brand New Brand Trademarked
It typically means changing:
- Business Name
- Logo Or Design
- Slogan Or Tagline
- Product Packaging Or Identity
- Brand Colors And Aesthetic
Trademarks protect particular brand identifiers, so when a brand is rebranded, new trademarks should be considered to avoid legal troubles, and dilution of the brand.
How to Approach Trademark Law When Redesigning a Brand
- Perform A Full Trademark Search
Do an IP India trademark search (https://ipindia.gov.in/) to make sure your new name, logo or slogan was not already taken before you lock down your new brand identity. This avoids any trademark disputes and legal wrangling.
- Assess Need for New Trademark or an Amendment
If you’re doing more than just changing a name logo (such as a name or logo overhaul) you need to apply for trademarks instead.
If the changes involve minor changes (e.g., a different color or font), an amendment to the existing trademark may be adequate. Nevertheless, an amendment cannot change the nature of the mark.
- Submit a brand-new application for a Trademark
- Submit an application for a fresh trademark via the Trademark e-Filing Portal in Form TM-A in case of rebranding.
- Applicable fee: ₹4,500 for others, startups, and MSMEs ₹9,000 for companies and other large entities
- Tell the Trademark Office you are stopping using the old mark
After obtaining the new registration, the most prudent action is to allow the old trademark to die (it is a registration that can be renewed indefinitely) or, if renewal is no longer desired, file a voluntary surrender (Form TM-P).
Part E. Moving From Old Brand to New Brand
The key is to do it gradually, so that there is a seamless transition between the old brand identity and the new as the new trademark application runs its course. Revise your:
- Website and social media channels
- Product packaging and labels
- Advertising materials and business cards
- Business registrations and legal contacts
Dealing With Potential Trademark Conflicts When Rebranding
If a third party disputes your trademark based on its similarity to their brand, try these options:
- Negotiation & Co-Existence Agreement – If both businesses are in different fields, an agreement can settle disputes.
- Legal Defence – If you are sure that your trademark is distinctive and meets the rules in the Trade Marks Act, 1999, reply with appropriate legal grounds.
- Changes & Rejection — Minor changes to the trademark & then rejection for re-filing
Trademark Maintenance After Rebranding
After your new trademark is registered:
- Use the ® to show that you have registered the mark.
- Watch out for infringement and enforce if necessary
- File for renewal of the trademark every decade to retain exclusive rights.
Conclusion
Rebranding is a big undertaking, and it naturally comes with several legal considerations. While it may seem obvious to do this, getting a trademark for your new brand identity is essential to maintaining brand protection and avoiding litigation. If you are planning for rebranding, book a time with a Trademark expert or visit Kaagzaat.
