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Trademark Registration Filing and Requirements in India

Trademark Registration Filing and Requirements in India

A trademark is a distinguishing identity that differentiates an organisation, commodity, or service from the opposition. The company’s intellectual property/intangible asset seems to be a registered trademark. This safeguards the time and effort you put into earning the clients’ confidence and loyalty. 

A trademark registration gives the company the legal ability to sue anyone who tries to imitate the trademark and stops anyone else from using a trademark identical to theirs.

Who can file a Trademark?

Every individual/merchant/trader/service provider whoever states to be the owner of the trademark used, the plan is to be used, or desires to use it for his products or services could file a trademark. An individual can file for a trademark on their own or with the help of a broker or solicitor.

What is the Importance of Trademark Registration? 

A company’s trademark registration is essential and crucial since: 

  • It emphasises the distinct personality. 
  • It aids in the development of client loyalty and commitment.
  • It provides a legal framework for the image of the business. 
  • It is an essential asset since it protects the brand persona against unlawful use.

Where to File a Trademark?

There are many trademark offices across India in New Delhi, Chennai, Mumbai, Kolkata, and Ahmedabad. 

Such offices are responsible for several states in the Indian Union. The list consists of states that every one of the offices has jurisdiction over: 

  • Madhya Pradesh, Goa, Chhattisgarh and the State of Maharashtra, are all located in Mumbai.
  • Rajasthan and Gujarat, the Union Territories of Diu, Daman, Dadra, and Nagar Haveli, are all located in Ahmedabad. 
  • Bihar, Assam, Arunachal Pradesh, Orissa, West Bengal, Meghalaya, Mizoram, Manipur, Tripura, Sikkim, and the Union Territories of Nagaland, as well as the Andaman and Nicobar Islands, are all represented in Kolkata. 
  • Uttar Pradesh, Haryana, Punjab, Jammu and Kashmir, Delhi, Himachal Pradesh, as well as the Union Territories of Chandigarh are all represented in New Delhi.
  • Kerala, Andhra Pradesh, Karnataka, Tamil Nadu, and the Union Territories of Lakshadweep & Pondicherry Island, are all represented in Chennai.

Anyone who wishes to register their trademark must apply with the Trademark Office whose jurisdiction the applicant’s main base is located. The candidate’s place of business in India is referred to as the principal place of business. When joint applicants file a trademark application, the Trademark Office deems the first candidate’s place of business to be the major place of business. 

Furthermore, if the main base of business is located outside of India, the application could be filed with the Trademark Office in the country where the service address is located. This is usually the address of the trademark agent or lawyer.

Documents Required for Filing a Trademark

The following pieces of information are necessary for trademark registration in India:

  • The individual’s name, residence, and nationality. The name of all of the other partners if it is a partnership firm. Furthermore, do mention that if anyone under the age of eighteen years is a partner. 
  • When the applicant is a firm, the nation or state in which it was formed. 
  • A list of items and services that need registration. 
  • A soft copy of the to-be-registered trademark. 
  • When any mark includes non-English terms, it must be translated into English.
  • Information of a previously filed convention application (application id, date of filing, nation, and products/services) also is necessary if somehow the applicant is to claim preference from that application. This is necessary to produce an accredited priority document or perhaps a legally notarized duplicate of it. within one month of the application’s date of filing, a duplicate of the priority document could be filed. 
  • The date of the trademark’s initial use throughout India, if ever used. 
  • The candidate signs a power of attorney (no legalisation or notarization is needed). Regarding Indian clients, the power of attorney must be signed by the candidate and written on a hundred rupee stamp paper.

Trademark Search

Advised by DailyHawker, to do a trademark search at the Trademark Office before applying for registration. The review for existing marks in the Indian Trademark Registry’s data file is known as a trademark clearance search (Registered or applied). The research would assist a trader in determining whether or not such a similar or identical mark already exists. As a result, the trader could decide whether or not to pursue that particular target. Throughout India, one could conduct a trademark search using the Indian Trade Mark Office’s dataset of trademarks. The service has recently become complimentary. This trademark database includes data on new submissions of the application, published marks, registered marks, opposed marks and abandoned marks.

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