Trademark Registration in Delhi

In Delhi you can get your Trademark registration by filing an application in the Intellectual property office. The process for filing of Trademark in Delhi is quick and simple, all you need to do is to file a trademark application (TM-A) form along with all the required documents and requisite fees.

Register Trademark in Delhi

There are few things to remember if you want to get your brand registered in Delhi and they are as follows-

  • It is important to follow the correct procedure while filing for a Trademark application in Delhi.
  • Secondly you need to register your Trademark in India if you are not an Indian nationale.
  • Tiry if you are planning to sell your goods and services internationally thn you need to take Trademark protection internationally also.

In order to register your Trademark in Delhi, you can get in touch with our experts for all your Trademark registration needs.

In simple words in order to get protection of your brand, it is necessary to register your brand through Trademark registration. It will protect your mark from copying and misrepresenting other marks with your mark. Trademark registration helps in building reputation and goodwill of a brand in the market. Trademarks can be protected for lifetime after getting renewed after every 10 years.

Trademarking a Brand name

By registering your brand name, you are protecting your brand name, its goodwill and reputation in the market. Unregistered marks are more prone to infringement that is why it is recommended to always get your brand name registered.

Trademark of a brand name in India is convenient and easy. You can get a trademark of any name, word, letter, number, phrase, graphics, logo, sound mark, smell or a mix of colours.

Trademark Registry

Trademarks are governed by the Trademark Act, 1999. There is a functional body to control Trademark i.e. Trademark registry. Trademark registry implements all the rules and regulations of the Trademark law in India.

The Head office of Trademark registry is in Mumbai and its Branch offices are in Delhi, Chennai, Kolkata and Ahmedabad. After filing the Trademark application according to the Trademark Act, the registry will further check whether all the conditions are met before registering the mark.

Who can apply for a Trademark?

Any individual or entity who is seeking for trademark protection can apply for Trademark registration. Once the Trademark is registered the applicant will then be called as the owner of the trademark.

How to Register a Trademark?

Trademark registration is done by Trademark registry. If you are planning to get your Brand protected there are few steps to follow-

  • Choosing a Trademark -
    The primary step is to choose the Trademark. The mark should be unique and a distinctive mark which will represent your company. The other pont to kee in mind before applying for Trademark registration is under which class your mark will fall. Currently there are 45 classes under which Trademark can be registered out of which class 1-34 are for goods and class 35-45 are for services.
  • Mark Search -
    Once you have chosen your brand name, the next step is to conduct a Trademark search to check for the existence of any similar or identical mark with your mark. The search you can conduct on a government portal only through Public Search. You can also choose an attorney to do Trademark search, they will help you out throughout the whole process of Trademark registration.
  • Filing Application -
    You can file an application for a mark you want to get protected. For this you will have to fill TM-A form along with the documents and requisite fees.

Procedure for registration of Trademark

  • Firstly, Trademark Application is applied, then it is marked for exam by the Registry (Before its Application proper search for its mark is done by our experts)
  • Within one month the Trademark registry will either accept the mark or will object to it if the Registry finds any discrepancy in the mark or if it finds something similar with an already registered/ unregistered trademark.
  • Once Objection has been raised by the Registry, Reply is to be submitted to the Registry within one month from the date of receipt of the Examination report issued by the Registry.
  • Then within One month the Registry will either accept it or will keep it for hearing.
  • Hearing will be attended by our professionals and argues on legal and Technical points.
  • After Hearing the Arguments, Registry will Either accept the Mark or will reject it.
  • If an Applicant is not satisfied with the decision of the Examiner, then he can move Revision Application in the Hon'ble Registry or can go in an Appellate court i.e. IPAB for its appeal.
  • If a mark is being infringed by another person then, a suit can be held in an appellate court.
  • Please note that after acceptance of the Mark, it is published in Journal and open for general public for raising of Opposition if they find it similar with already existing mark for 3+1 months, and if no opposition is raised mark is accepted by the Registry, and if Opposition is raised then within 2 months of receiving of opposition, its counter statement (Reply) is to be filed, and will be kept for its hearing. And after hearing if the examiner is satisfied then it will be accepted or will be rejected.

Status of the Application

Once you have filed the Trademark application, an application number will be provided to you to check the status of your application online. Files are prioritised according to its filing date, therefore, the lder your application gets, it gets more priority on the basis of its hearing date. You can use the ™ symbol right after filing the application.

Registration

If your mark gets approved from the Trademark registry, a Trademark certificate will be granted. This will officially confirm that your Trademark application has now been registered and is now protected. The registration is now valid for 10 years and after every 10 ears you need to renew your mark. Renewal can be done indefinitely.

It is to be noted that the Trademark registration done in India is only valid in India and not internationally. For international protection you need to register your mark individually in that country.

We Provide following services in Trademark search, Registration, infringement and litigation-

  • Filing and prosecuting Trademark application at the Indian Trademarks Registry.
  • Filing and prosecuting Trademark applications internationally with the cooperation of our foeign associates or under the Madrid Protocol.
  • Infringement and validity opinion
  • Litigation: Opposition, revocation, rectification, appeals, criminal and civil suits for infringement and passing off, and anti counterfeit action.
  • Appellate board proceedings
  • Trademark searches locally and internationally.
  • Clearance of title.
  • Domain name search
  • Brand selection advice
  • Journal observations
  • Post registrations services
  • Renewals
  • Portfolio management
  • Assignment, licensing and franchising

Frequently Asked Questions (FAQs)FAQs

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Yes foreign applicants can also apply for Trademark registration under Madrid protocol which came into force on 1st April, 1996 or an international application can also be filed to the regional office. The applicant needs to register its mark in the office of origin. The office of origin receives the application and then forwards it to the WIPO.
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Madrid protocol, is basically an agreement between the countries through which an angle application tends to be filed by the applicant and he gets protection in all the countries who are signatories to Madrid protocol.
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The operation with respect to those that are designating India need to be made only at WIPO, who in turn will notify the Indian Trademark Office. Any correction to be made in the operation can be made by filing a single operation at WIPO which will be reflected in all the other designating countries.