Introduction
Trademark: Every company needs a trademark. No matter whether it is a big giant or a small start-up, every company needs to get trademark registration done. Your trademark is a word, logo, or slogan separately as well as a combination thereof. Of course these days you can also trademark unique smells, colors, sounds, etc., but as a general rule, they are the tougher end of the spectrum to register. Trademarks add uniqueness to your business, and they are a company asset.
A trademark can be applied by any person or body corporate. If you are registering a trademark, then going for trademark registration in Delhi NCR is a good choice. Being the capital of India and one more tier 1 city in India, we have numerous web design companies and digital marketing agencies based out here. Trademark registration must be done in order to safeguard your brand and also for being different from the competition. With the help of this article, I will give you all information about trademark registration in Delhi, NCR.
Advantages of Trademark Registration
There are many benefits of Trademark Registration in Delhi:
- First, above all else, participating in trademark registration helps a crucial function: supplying the tools essential to totally complete your manufacturer by keeping furthermore other people from using confusingly very similar emblems and safeguarding oneself. What you do by registering a trademark is lock the name, logo, or symbol related to your brand, and in return, you receive the right; no one else can make use of it. This trademark exclusive right gives you the power to secure your brand from being copied.
- Second, the proprietary right, which really does make your brand name more unique to you, is that if a user can use it like yourself once, cut through red tape and register as a registered trademark. This uniqueness brands your business as an independent entity separate from competitors in the market. Angel has the honor of having not just a legal shield but as well an amplifier for the brand and individuality of your brand in the minds of consumers.
- The third practical impact of trademark registration is its impact on the legal operation. Once you’ve put under warranty the mark, if any other party tries to use your mark or something similar, you legally can react strongly and swiftly against that party. This is because through legal action, your brand will be protected against infringement, so it will continue standing without any form of consumer confusion or other bad reputation arising.
- Lastly, not only does the registered trademark have a purely protective role, but it is also an intangible and tradable asset for your enterprise. Such an asset can be further leveraged in any transaction, be it licensing agreements or collaborations, lending a valuable dimension to your brand. This process of transforming your trademark into a negotiable asset not only enhances the financial value of your brand but also opens up avenues of strategic partnership and collaboration, which would most likely contribute to the growth and development of your business in general.
Also Read more blog – Finding Your Way to Trademark Registration in Delhi: An In-Depth Manual
Documents Required for Trademark Registration
- Proof of Applicant: Including documents like PAN, address proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals.
- Brand Name/Logo/Slogan: Provide the details of the trademark for which you are attempting to get registered.
- Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/logo.
- MSME/Start-up India Certificate: This is considered as a proof of business. In addition, other than an individual, partnership firms and body corporates can also file for a 50% waiver on government fees if they provide their MSME or Start-up India registration certificate.
- Power of Attorney: You are required to file TM-48. This is a legal document that allows a trademark attorney to submit the trademark on your behalf to the trademark registry.
- Board Resolution: In the case of a private limited or public limited company, all the directors are required to issue a board resolution that has sanctioned the company to apply for a trademark. Only after sanctioning, private as well as public companies can apply for a trademark.
- User Affidavit: To file specific user data, you need to provide an affidavit of the user. This depends on the type of trademark that is being filed. Your trademark attorney will require it before submitting the application.
Process of Trademark Registration in Delhi, NCR
The process for online Trademark registration in Delhi is quite detailed and also requires the help of legal experts. In summary, it has the following steps.
- The first step you have to take is to choose the proper trademark class in which you are going to register your goods or services.
- Second, you should check if somebody else has already registered a similar trademark. How? A person has to use IP India’s trademark website for the purpose.
- Application for trademark at Trademark Registry or through the website of IP India. Once an application for your trademark is successful, you may use the TM symbol adjacent to it for your trademark.
- The fourth step is checking your trademark by the registrar, who then decides whether your trademark is registrable or not. Your trademark will be either objected to or approved. If you are objected, then you will need a trademark attorney to file replies. You can also refrain from filing any replies and drop the application.
- After registering, the trademark is published in the Trademark Journal. If somebody feels that this trademark resembles his trademark, then he has to file opposition against it within 3 months from the publication. If you get opposition, again, you need a trademark attorney to draft replies for the same. The trademark registry will consider your replies with the other party’s statement and issue an order whether you can register your trademark or not. At this stage, you can also abandon the application by not filing any replies.
- At the end, you will be issued with your registration certificate, should there have been no opposition, or when the trademark registry is pleased with the replies forwarded to the opposition. Then you can use the ® mark next to your trademark.
Every trademark has 10 years of validation. If you want your one trademark for forever, you need to renew your trademark every 10 years.
For Read more blog-Demystifying Trademark Registration in Delhi: A Must-Know Guide for Service-Based Businesses
How to check TM Application Status
- Visit the website of IP India.
- Trade Mark Application/Registered Mark Click on one of the options from the menu at the left-hand side.
- Select National/IRDI Number.
- Then, enter the trademark application number, fill in the captcha, and click the View button.
- You should be able to view your trademark application status. There will also be an indication of what next steps to take.
Fees & Cost for Trademark Registration in Delhi, NCR
Online trademark registration in Delhi carries two types of costs:
- Govt. Charges: The govt. Charges differ according to the type of business entity seeking trademark registration. The government . charges are INR 4,500 if the applicant is an individual or sole proprietor, and in all other cases or non-individual applicants, it generally is INR 9,000; note that this does not apply when the applicant is registered under MSME or Startup India.
- Professional Fees: These vary with every service provider.
For read more blog-Trademark Registration for Startups in Delhi: Essentials and Strategies
Difference between TM (™) and R (®) symbols
There are crucial differences in the protection aspects of TM vs. R symbols. First, anyone who has applied for online trademark registration in Delhi can use the TM symbol. Therefore, the key difference here is that while any applicant for registration can use the TM symbol, only successful applicants for registration can use the R symbol. The R symbol cannot be used by unregistered trademarks.
Conclusion
Delhi NCR is one of the economically important cities of India. There are innumerable businesses in Delhi; they are also forever growing. To be able to stand out in the competition, going for trade mark registration in Delhi is a necessity. Further, you also get online trademark registration in Delhi, through which you gain benefits such as easy legal redressal, exclusivity, standing out in the market, etc. From as low as INR 6499, their plans seem appealing to secure a trade mark registration in Delhi. So, get your TM registration done in Delhi, NCR, and keep your brand safe.
Leave a Reply