Trademark Registration in Delhi
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Trademark Registration in Delhi
A trademark is a distinctive identity that distinguishes your business, product, or service from the competition.
Your company’s intangible asset and intellectual property is your brand registration in Delhi. When you register a trademark in Delhi, you can safeguard the money you invested in winning your consumers’ loyalty and confidence, and the provision of the Trademark Act, of 1999, gives you the legal ability to sue those who attempt to use a similar mark as yours and forbids them from doing so.
A total of 1,641 applications for trademark registration were submitted to the Delhi office of the Trade Marks Registry in the 2019–2020 fiscal year. This was an 8.8% rise from the prior year. Computer, electronics, and software accounted for 30% of all applications in these industries, followed by clothes and apparel (16%) and chemicals, paints, and cosmetics (14%). Currently, it takes 8 to 10 months on average in Delhi to register a trademark.
Benefits of Trademark Registration in Delhi
- It first enables you to safeguard your image. You have the right to prevent infringement on your trademark.
- Second, you are granted sole use of your trademark. Your business will stand out as a result of this.
- Thirdly, you can simply file a lawsuit against anyone who uses your trademark or a trademark that is strikingly similar to yours.
Finally, it is a further asset that you can trade and engage in business dealings for. This raises your brand’s perceived worth.
Get your Trademark Registered in Delhi
There are a few factors to keep in mind if you want to register a trademark in Delhi:
- Firstly, it’s crucial to follow the right steps while registering your trademark in India.
- Secondly, if you plan to offer products or services nationally or worldwide, it is advised that you file for trademarks both nationally and internationally.
- Third, if you are not an Indian national, you must make sure that your trademark has been registered before utilizing it.
- Lastly, due to the complex stages and delicate approach required, it’s recommended that you get in touch with a professional for registration of your trademark.
Documents Required for Trademark Registration in Delhi
You need to provide the following documents for Trademark Registration in Delhi NCR:
- Proof of Applicant: This includes supporting documentation for candidates who are not individuals, such as a PAN, address proof, and a certificate of registration, or incorporation.
- Brand Name/Logo/Slogan: You must provide the specifics of the trademark that you’re attempting to file, including the brand name, logo, and slogan.
- Proof of TM Use: Documentary evidence that includes the brand name or logo, such as receipts or registration documents.
- MSME/Start-up India Certificate: This serves as evidence of a company. In addition, if partnership companies and body corporates (other than an individual) present their MSME OR Start-up India registration certificate, they are eligible for a 50% discount on government fees.
- Power of Attorney: You must submit Form TM-48. This legal paper enables a trademark lawyer to register your trademark with the trademark registry on your behalf.
- Board Resolution: Additionally, a board resolution signed by every director approving the company’s application for a trademark is required for private limited or public limited businesses. Only after approval can private limited companies and publicly traded companies file for a trademark.
- User Affidavit: Additionally, you must file a user affidavit to claim specific user data. Whether the trademark is recognized determines this. It will be requested by your trademark attorney before the application submission.
Thus, if your business identity is not protected yet? Then, get in touch with Mark-O-Legal today! We are the most trusted and reliable consultants who help get Trademark Registration Online at competitive price rates. So, immediately register your brand & protect your business!
Eligibility to Obtain a TM in Delhi
To safeguard distinctive trademarks, catchphrases, or coined concepts, trademark registrations are frequently employed. In India, trademark registration applications can be submitted by people, businesses, and nonprofits. However, there are specific standards for each category of person or company when it comes to submitting a trademark application.
The following are eligible for trademark registration in Delhi:
- An Individual: A person who does not operate a business may also submit a trademark application and acquire registration for a symbol or word that the applicant intends to use in the future.
- Joint Owners: Joint owners of a business may jointly apply for a trademark, and the application must include both owners’ names.
- Partnership Firm: A partnership business with a maximum of 10 members must list all of the names of the partners in the application when filing for a trademark. If a minor partner is present, the guardian who is speaking on his behalf must be identified.
- Proprietorship Firm: A proprietorship firm may submit a trademark application in the name of its owner but not in the name of the business or proprietorship. Both the proprietorship name and the business name that you give in your application will be taken into consideration independently.
- Limited Liability Partnership (LLP): The application should be made in the name of the Limited Liability Partnership in this situation. The partners in this corporation each have their own unique identity. Since the trademark belongs to the LLP, the partners cannot be the applicant.
- Trust or Society: The managing trustee, chairman, or secretary of a trust or society must be identified when a trademark application is submitted on their behalf.
- Indian Company: Any Indian business, whether private limited, limited, or in another form, is required to submit a trademark application in the business’s name. Since every incorporated business has its own identity, it should be noted that a company’s director cannot also be a trademark applicant.
- Foreign Company: If a foreign-incorporated company files for a trademark in India, it must be done so under the name under which it is registered abroad. Here, it’s important to indicate the registration’s kind, the nation it came from, and the law.
Process of Trademark Registration in Delhi NCR
The trademark registration procedure is lengthy and necessitates the assistance of law professionals. In conclusion, it involves the procedures mentioned below:
- Step-1: To register your products or services as a trademark, you must first choose the appropriate Trademark class.
- Step-2: To find out if someone else has already registered a comparable trademark, proceed to step two. You must use the IP India Trademark website to verify.
- Step-3: Trademark registration must be completed and submitted, either in person at the Trademark Registry or online through the IP India website. It is during this step a trademark fee of Rs. 4500 is to be paid by a small enterprise, individual, or startup for registration.
Following a good submission, you can begin using the TM symbol next to your trademark.
- Step-4: The Registrar must examine your trademark in order to determine whether it qualifies for trademark registration in the fourth stage. Either way, they will object to the trademark or accept it. You will need a trademark attorney to submit responses in the event of objections. You can also decide not to respond at all and withdraw your application.
- Step-5: The trademark is published in Trademark Journal once it has been granted. Within three months of publication, anyone who believes this trademark is confusingly similar to their own trademark must file an opposition. If you encounter opposition, you will once more require the assistance of a trademark attorney to respond to it. In order to determine whether you can register your trademark, the Trademark registry will compare your responses to those of the opposing party. At this time, you can also give up on the application by refraining from responding.
- Step-6: If there was no resistance or the Trademark registrar deemed your responses to the opposition to be sufficient, you will finally receive your registration certificate. The ® symbol may then be used next to your trademark.
NOTE: ™ can be used by anyone who has submitted an application for trademark registration. However, the ® symbol is only usable upon successful Trademark Registration. The ® symbol cannot be used with unregistered trademarks.
You can own this Trademark forever now by renewing it every 10 years.