Know In Details About The Trademark Registration In Delhi

Trademark Registration in Delhi

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A registered trademark uses the name of your company and your product, slogan or any symbol or device to separate its products from another company through trademark. If you are starting your business in Delhi or nearby area of Delhi then to register your brand, fill up application form with the Patent and Trademark Office under the trademark registration in Delhi.

What Is a Trademark Registration

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What Is a Trademark Registration?

Any word, name, symbol, or device may be a trademark. Trademark identifies commerce (business) and distinguishes goods manufactured by a manufacturer or seller or sold by others, and indicates the source of the goods is used to. In short, a trademark is the name of a brand.

In broader terms, the trademark protects the words, names, symbols, sounds or colors that define any product or service. Unlike patents, trademarks can be registered forever. It remains valid until it is used for business.

A trademark is a brand name and identity, which plays a big role in the marketing of the product or service. The right of the trademark can be used to prevent confusing by making any other similar symbol (word, voice, color etc.), but it is not the right to stop selling any other product with a different mark.

The trademark also has intellectual property rights in a manner. The trademark present on any object is evident from the fact that it is being made on behalf of a particular company. The trademark is used by a person, business organization or legal entity for their product or service. Typically a name, sentence, logo, special mark, design or image is trademarked. All the products of a particular company are trademarked on it. If you are starting your business in Delhi then get your trademark registration in Delhi to protect your product from frauds.

NOTE:

Legal entity ISI Mark, ISO Mark, uses green and red mark (trademark) to identify vegetarian and non-vegetarian products in food products. Trademarks are both registered and non-registered.

Why Do I Need Trademark Registration In Delhi

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Why Do I Need Trademark Registration In Delhi?

Benefits of trademark registration near Clearinghouse include access to Sunrise registration with new gTLD (generic Top Level Domain) registries and trademark claims service.

Sunrise is a preliminary period of around 30 days before the general public domain name is offered. Trademark proprietors can take the lead of Sunrise to protect the domain name, which counterparts their trademark before TLD opens for the overall public.

Sunrise is compulsory for all the new gTLDs (generic Top Level Domains) and a valid trademark entrance in Clearinghouse is the least required to take part in this limited pre-registration period. Therefore, to be ready for “Biggest Sunrise”, you need to ensure that you enter a trademark.

NOTE:

The Trademark Rights service follows the Sunrise. It is mandatory for all new gTLDs – an information service – to register this domain name, as well as to warn potential holders of trademark holders.

How The Service Works?

Those who register potential domain names receive a warning notice when attempting to register such a domain name that matches any trademarked word in the Trademark Clearinghouse.

In case, after accepting the data, the registrar of domain name continues to record the domain name, the trademark holder of the equivalent mark will receive notice of the domain name registering so that they can take any appropriate action.

Process For Trademark Registration In Delhi

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Process For Trademark Registration In Delhi

Here is the process of Trademark registration in Delhi given below. Please check out the process of trademark registration in Delhi carefully.

Step 1

Search Your Trademark

Even before you take any step for the process of trademark registration in Delhi application, searching the trademark is an essential thing to be finished with the trademark database delivered by the trademark department.

Step 2

Fill Up The Trademark Application

Once you are done with searching your Trademark and the report found positive then you can continue for filing up the trademark application with the Trademark Attorney or Agent.

This Following Data Is Mandatory For Filing Up The Trademark Application:

  • Applicant Name (Public Ltd./ Pvt. Ltd./ Partnership Firm/ Trust/Proprietorship Firm/Individual)
  • Applicant’s Address
  • Type of the Organization (Public Ltd./ Pvt. Ltd./ Partnership Firm/ Trust/Proprietorship Firm/Individual)
  • Signatory’s Full name (On behalf of the trust/company/firm)
  • Signatory’s Designation & Nationality
  • Signatory’s Father’s or husband’s name
  • Signatory’s Residential address
  • Signatory’s Age
  • Mark or brand name
  • Goods or services (exact)
  • Description of the trade (Service Providers/ Manufacturer/Traders)
  • Brand/Mark’s User Date
  • Class of the Trademark among the 45 classes
  • Contact No. & Email id

Step 3

Submission of The Application

As soon as all the documents and data are ready, Trademark Agent files your application form of the TM to the Trademark Registry Office. This procedure takes 1 to 3 hours generally.

Step 4

Application No. & Use of the TM/SM Accompanied By the Mark:

As soon as you get your application no., then you can use the TM symbol along with the mark.

Step 5

An issue of Investigation Report by the Trademark Registry Office:

Normally the Trademark Inspection report is issued within 5 to 10 months of the filing of the application for the TM. In this stage, if any opposition is established then the candidate through his lawyer need to file a reply for the similar to the registry of the TM and in case no opposition is received then your TM will get published in the Trademark Journal

Step 6

Issuing Of Trademark In The Trademark Journal For The Public Opposition

As soon as the mark is published in the trademark journal, then it will be made available for the public opposition, and if any opposition is established, objection proceedings are obligatory to be completed and in case no opposition is established than Trademark will be issued.

Step 7

Certificate Of The Trademark Registration

As soon as all the reports are successfully made then the Trademark Registration certificate will be issued and the owner becomes the complete proprietor of the brand/mark.

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FAQ Regarding The Trademark Registration In Delhi

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FAQ Regarding The Trademark Registration In Delhi:

Q. What is the difference between copyright and trademark and how are they different from patents?

A. Copyright is simply a form of intellectual property, it is not like a trademark, which protects people from being used by others for the purposes of brand names, motto, logos and other source identifiers, and it is different from patent law, which is invented by Protects

Q. How to choose a trademark?

A. If it is a word, it should be easy to speak, spell and remember.

Invented words or created words are the best trademarks. Please avoid the selection of the geographic name. Nobody can have a monopoly on it.

To avoid the use of complimentary words (the best, perfect, super, etc.) to describe the quality of the product.

It is also suggested that a market survey should be done to find out that a similar mark is not already used in the market.

Q. What are the government fees and formalities for the transactions of the major trademark?

A. Forms based on its nature of the application for filing new applications, such as Form TM1, TM2, TM3, TM8 and TM51 etc. Charge is INR 2500/-

  • To file a protest notice against applications published in Trademarks Journal (Form TM5) Charge is INR 2500/-
  • For renewal of registered trade mark (pharm TM12) INR 5000/-
  • Overload (Farm 10) for late renewal Charge is INR 3000/-

Q. Can I make an amendment in the register or application?

A. YES… But the fundamental standard is that there shouldn’t be any major change in the requested Trademark which will change the identity of the brand.

In addition, changes can be made in accordance with the rules as described in subordinate legislation.

Q. How does the trademark work?

A. Trademark works in four modern business conditions:

  1. It identifies the goods / service and its origin
  2. It guarantees the quality of the said product to be unchanged
  3. It advertises goods / services
  4. It creates an image of goods / services

Q. Can I remove a registered trademark from its register?

A. YES… you can remove the registered trademark from its register on the basis of a submission to the Registrar on the prescribed format that the said mark has remained in the Register in error.

The Registrar can also issue a notice to remove any registered trade mark automatically.

Q. What is the source of trademark laws?

A. The sources of trademark laws are as follows:

  • The National Statute i.e., the Trade Marks Act 1999 and its Rules
  • International multilateral conference
  • National Bilateral Treaty
  • Regional treaty
  • The judgments of the courts
  • Office Transaction and Decision Making
  • The decisions of the Intellectual Property Appellate Board

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