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How to Apply For Trademark in India

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Introduction

Trade Mark Registry in India was established in 1940 under the Trade Mark Act, 1999. It is the resources and Information Centre and Provide better protection of Trademark for good and services. It also prevents fraudulent use of the mark and function as an office of origin in respect to applications by Indian entrepreneurs for International registration of trademark.

It is headed by Controller General of Patents, Design and Trademarks and is the Registrar of Trademarks.

Territorial Jurisdiction of Trademark Registration Offices

MUMBAI : The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa

AHMEDABAD: The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.

KOLKATA: The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nikobar Islands.

NEW DELHI: The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh

CHENNAI: The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island

Documents Required to Register Your Trademark

Individuals & Sole Proprietorship

  • Copy of the logo
  • Authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf. (Form 48)
  • Identity Proof of the individual or Proprietor.
  • Address Proof of the individual or Proprietor.

Partnership / LLP / Company – Small Enterprise or Startup

  • Copy of Logo (Optional)
  • Signed Form-48.
  • Udyog Aadhar Registration Certificate.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

Other Applicants

  • Any other applicant that do not have a UDYOG Aadhar will be expected to submit the following documents
  • Copy of Logo (Optional)
  • Signed Form-48.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

Fee Structure

The trademark registration fee varies from Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500.

Advantages of Trademark Registration

Exclusive Rights: Registered Trademark holders enjoys exclusive control over the label.

The owner can use the same for all products which fall under the applied class(s). In addition, the owner may enjoy the Trademark's exclusive ownership and may prohibit

anyone from using the Trademark unauthorized in the same class where it is licensed.

Builds confidence and goodwill: Everybody knows the proven standard of your goods and

services through the trademark and this builds trust and goodwill among market customers.

It helps to build lifelong customers loyal to each other and still opt for the same brand.

Separates Product: It makes simple for clients to discover your items. It makes your item and personality of items not quite the same as that of the current and anticipated contenders and goes about as effective advertisement instrument. The logo can convey your vision, quality or one of a kind trait of your organization and any association.

Acknowledgment to item's Quality: It offers acknowledgment to the nature of the item. Clients connect the item's quality with the brand name and this picture is made in the market about the nature of a specific brand which helps in pulling in new clients as they can separate the nature of an item by the logo/brand name.

Assurance against encroachment: No contender or other individual can utilize the wordmark or logo enrolled by you under trademark. In any case, if regardless one uses it without the endorsement of the proprietor of trademark or utilize same, the proprietor can get the legitimate security under the Act and stop the individual doing as such.

Making of Asset: Enlistment of Trademark makes an elusive resource for example Protected innovation for an association. Enlisted trademark is a privilege made which can be sold, relegated, diversified or financially contracted. Additionally, the Trademark is an impalpable resource which gives the favorable position to the association.

Insurance for 10 Years requiring little to no effort: Online Trademark enrollment is done on a low practicality cost. When you register the trademark, you need to simply pay the support cost and restoration cost which is following 10 years of enlisting the trademark. It is cost productive and enables your organization to make a one of a kind picture.

Use of ® image: When the trademark is enlisted you can utilize the ® image on your logo expressing that it is an enrolled trademark and nobody can utilize a similar trademark. It is selective of a wide range of uses just as rights. In the event that another person utilize the trademark, at that point you can likewise sue the gathering if the trademark is enrolled.

Worldwide Trademark Registration: If one needs to enlist the trademark in nations other than India, the trademark enrolled in India can be utilized as premise of enrollment there. For any individual ready to grow outside India, the trademark enlisted in India can furnish a decent base alongside the Established Goodwill in the Country.

Draw in Human Resources: Young personalities try to join large Brands as it goes about as a tycoon. It rouses the positive picture of the association and subsequently applicants are pulled in towards them no problem at all. This decreases the expense towards procuring and related exercises.

Steps Involved in Registration of Trademarks

If Opposed

  • Any person can fill opposition within 4 months of registry.
  • The applcant needs to fill counter statement within 2 months otherwise the application  is treated as

Abandoned

  • Submission of counter statement served to the opponent who lead evidence in support of his case by means of Affidavit

Case Hearing

  • Any person can fill opposition within 4 months of registry.
  • The applcant needs to fill counter statement within 2 months otherwise the application  is treated as
  • Abandoned
  • Submission of counter statement served to the opponent who lead evidence in support of his case by means of Affidavit

If Rejected

  • The owner can appeal to Intellectual Property Appellate Board

Filing of Application

  • Recieved at the Head Office or Branch Office of Trade Marks Registry within territorial limits

Application Examination

  • Application examined for capability of mark of distinguishing owners goods and services or for similar mark or record

If Accepted

  • The Registrar publishes the same in theTrade Mark Journal, a weekly official gazette of Trade Mark registry

Conclusion

Trademark Registration is an inevitable tool to protect owner’s reputation and avoid infringement of their trademark from any third party. The main goal for sustainable development goals is fostering innovation and encourage start-ups. Several initiatives have already proven fruitful like Make in India, Start-up India, Digital India and Skill India.

BOOK A FREE CONSULTATION

Get help from an experienced legal adviser. Schedule your consultation at a time that works for you and it's absolutely FREE.

Author
Shamshad Alam
Experienced Digital Marketer with a demonstrated history of working in the internet industry. He likes to write about the latest technology trends, Skilled in Digital Marketing likes. Search Engine Optimization, SMO, SEM, PPC, Content Writing, and, Designing, etc.