Key Steps to apply for Trademark registration in Agra

Agra is known as the heritage city of the Taj Mahal. This city has valuable growth as a developing business hub. Every business should create a unique brand identity. So, it is important for them to apply for a trademark registration in Agra. Registering a trademark will help to make a brand stand out, prevent others from copying, build trust and connect with customers. In this piece of writing, you will get a step-by-step process of trademark registration, its fees, benefits, and more.

What Is Trademark Registration?

A trademark is a distinct mark. A registered trademark helps people to easily identify a brand in a marketplace, which is different from others. A valid trademark also serves as a brand identifier for customers. This helps prevent confusion when they identify a brand. A trademark registration is the process of providing exclusive rights to use a unique brand name, logo, symbol, or slogan. You can use the “R” symbol after registering a trademark. A trademark is regulated by the Trade Marks Act, 1999, in India. The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce & Industry manages this registration.

Nice Classifications under Trademark Registration

In India, a trademark is categorised into 45 unique classes. Each class is related to kinds of goods or services. Classes from 1 to 34 mean goods or products, and 35 to 45 mean services. You will get a complete list on the official IP India portal.

Types of Trademark Registration in Agra

Listed below are the key types of trademark registration in Agra:

Colour mark

A colour mark is a trademark which have a specific colour or a combination of colours that is different from others. This mark is used to identify the origin of goods or services. For example, Cadbury's Purple (Pantone 2685C), which is used for chocolate wrappers. It is recognised in the UK and India. Another example can be the Tiffany blue colour, which is owned by Tiffany & Co.

Device Mark

A device mark is a mark that uses a graphic design, image, or symbol compared to words. In simple words, it is a figurative mark or logo mark. It consists of visual elements such as logos, monograms, or specific designs. This kind of mark allows people to protect the trademark with its specific design.  For example, the Apple logo, the half-bitten apple silhouette, which is used independently or with the word “Apple”.

Certification Mark

A Certification Mark means a mark which used to certify that a product or service meets certain standards regarding its origin, material, quality, method of manufacture, or other defined characteristics. It is issued by an authorised proprietor, which means the certifying body. This mark is used by other traders whose goods or services comply with the specified standards. For example, the FSSAI Logo, which is issued by the Food Safety and Standards Authority of India. It certifies the Safety and hygiene of food products.

Word Mark

A Wordmark refers to a text, phrase, letters, or numerals of a mark used by a brand. It can include company names, product names, and so on. For example, the name of a “Coca-Cola” specifies the word itself. It is generally used to protect the word of a brand. Thus, a word mark is the most common type among the different types of trademarks.

Sound Mark

A Sound mark is a mark that refers to a distinct sound related to the products or services of a brand from suppliers. It is used to identify the source of products or services through sound. This helps customers to easily identify the products or services by listening to their sound. For example, the famous five-note “Intel Inside” chime. Registered globally.

Pattern Mark

A 2D Pattern Mark is a kind of mark to represent the unique patterns of a specific brand. It is used to identify the source of a brand. This mark helps to protect the patterns of a brand. You can easily recognise the brand with its exceptional design. For Example, the unique design pattern on certain Louis Vuitton bags.

Shape Mark

A 3D Shape Mark is mainly used to protect the unique and distinct shape of the product. It allows customers to identify and purchase the products on the basis of shape. For example, the triangular shape of a Toblerone chocolate bar. 

Collective Mark

A Collective mark represents both the products and services of a particular group. A group or association used it to protect goods or services.  

Who is Eligible for Trademark Registration in Agra?

The following entities are eligible for trademark registration in Agra:

Individual

Any individual can apply for a trademark to secure a word, symbol, or logo which they intend to use. There is no need to run a business or any commercial activity for filing an application. Once the trademark application gets approved, they will get the right to use the mark.

Limited Liability Partnership (LLP)

An LLP is eligible to apply for registering a trademark in the name of the LLP. An LLP is considered as the trademark’s legal owner because it is a separate legal entity. Each partner maintains an individual identity. So, partners do not hold personal ownership of the trademark. 

Proprietorship Firm

In India, a proprietorship can apply for a trademark registration in Agra in the name of the owner. As a trademark applicant, you cannot apply just by using the business name for it. The official registration consists of the name of the proprietor along with a business name, but each is treated separately.

Partnership Firm

A trademark application should contain the names of all partners in a firm with up to 10 members. If a partner is a minor, a guardian are required to represent the minor.

Hindu Undivided Family (HUF)

A Hindu Undivided Family (HUF) is recognised for taxation, and also a “separate legal entity”. All family members will be included, directly descended from a common ancestor. Karta, who acts as the head and decision maker, mainly manages the family business and assets. The application must mention the HUF, along with the details of its Karta and members, as an applicant. Trademark registration helps to secure its brand name, logo, its goodwill, and creates a valuable family-owned intellectual property. It also helps in legally defending against imitators and supports online and global expansion. For example, AIMEX WITH DEVICE filed by Babu Rajan Pillai HUF, Proprietor of M/s Intrax, produce rice, Registered for Class 30. Device mark. Filed on Feb 25, 2023. Example of a device/logo mark, owned by a HUF.

Trust

A registered trust can also apply for trademark registration in Agra if it uses a brand name for its particular goods or services. The names of all the trustees need to be included when filing. When it gets registered, the trademark may be owned by the trust. Once a trademark is registered, the trust can own the trademark. They can further use it for their various activities, services, or even publications.

Society

A society is eligible to register a trademark for its name, symbol, or service. The application should specify the identities of important office bearers, like names and designations of office bearers. The trademark helps the group to establish an identity and prevent misuse of its brand in public spaces or events.

One Person Company (OPC)

A One Person Company means a registered business which is owned by an individual. It is eligible to get registered for the trademark in the name of the company, but not in the owner's name. Once a trademark becomes registered, it becomes the property of OPC. Then, the owner of such a company can manage and use it for business activities through the company.

Public or Private Limited Company (PVT)

A Private or Public Limited Company can apply for a trademark in the name of the company. When a trademark is registered, its brand identity, products, services, and overall business operations remain protected.

Documents Required for Trademark Registration in Agra?

Here are the key documents required for trademark registration in Agra:

1. Form TM-A, which means Trademark application form
2. ID and Address proof of the applicant, which includes an Aadhaar card, PAN card, Passport, utility bill, bank statement, Voter ID, etc.
3. Business Proof that includes Certificate of Incorporation or Partnership Deed (for firms).
4. Trademark Image: A Clear JPEG image of the logo/wordmark.
5. TM-48 (Power of Attorney) if applicable.
6. Udyog Aadhaar or MSME Certificate (if applicable)
7. A user affidavit will be required if the trademark is already being used.

How to Apply for Trademark Registration in Agra?

Listed below are the steps to apply for trademark registration in Agra:

Step 1: Conduct a Trademark Search

Firstly, you must conduct a trademark search before applying for registration to avoid rejection or disputes. In this step, you need to check whether your name or logo is not similar to an existing mark. You can check it on the Public Search tool from the IP India portal. A trademark search will provide the relevant information about already filed similar trademarks in the Trademark Registry.

Step 2: Determine the Appropriate Trademark Class

There are 45 trademark classes under the Nice Classification system for goods and services. This step allows you to check the official classification list according to your needs. You must also choose the correct trademark class to avoid rejection, complications, or approval delays. 

Step 3: File the Trademark Application (Form TM-A)

As an applicant, you must collect all your required documents before applying for a trademark. Then, fill out and submit the TM-A form (Trademark application form) with the required details to apply for a trademark registration in Agra. You must visit the official IP India portal to file it online. In case of offline, you must visit the nearest Trademark Registry Office. Next, you should pay the required registration fee.

Step 4: Examination by the Trademark Office

Once you submit your trademark application, the Trademark Office will review it. The examiner checks whether your trademark is not similar to others. They also verify all your submitted documents. Then, your application will proceed to the next step once it meets all the requirements. If the registrar finds any issues, the application will be put on hold, and you will be informed.

Step 5: Objection by the Registrar

If any issues are found by the registrar, they may raise an objection. This can happen if the mark is similar to an existing one or if it uses a generic name. A formal objection can be filed under Section 9 or 11 of the Trademarks Act. The notice also includes the hearing date. If you receive this notice, it does not mean rejection.  It means you need to correct the mistakes in the application if they appear.

Step 6: Replying to the objections

Once you receive an objection, you must reply to it within 30 days of receiving it. When you reply to an objection, you must give clear explanations, valid supporting documents, and strong reasons. A reply should be well-drafted to resolve objections and avoid unnecessary delays in the process. Once the registrar finds your response satisfactory, the application will proceed to the next stage. If you fail to reply on time, your application may be put on hold, which may affect approval.

Step 7: Publication in the Trademark Journal

Once a registrar accepts your trademark application, it will be published in the Trademark Journal for four months. Then, your trademark is displayed to the public. Any individual can raise opposition during this time against a trademark after the publication.

Step 8: Opposition Notice and Reply

If any person or business opposes your trademark registration, they must file a notice of opposition. You will also get informed about it from the registrar. Then, you need to respond to the notice within 2 months and attach supporting documents to support your claim.

Step 9: Hearing of Opposition

When the opposition continues after your reply, the registrar schedules a hearing date and tells both parties about it. In the hearing, both sides present their arguments. The registrar reviews your counterstatement. If it is valid and convincing, your application will proceed to the next stage of the trademark registration process.

Step 10: Registration and certificate issuance

Once your trademark gets approved by the registrar. You will get an official Trademark Registration Certificate. The registration is valid for ten years from the application date. You must renew the trademark every ten years to maintain exclusive ownership and protection. 

Trademark Registration Fees in Agra

Here is an overview of the fees for trademark registration in Agra:

Key Benefits of Trademark Registration in Agra

Listed below are the key benefits of trademark registration in Agra:

Exclusive Rights

A trademark owner has the exclusive rights to use the registered trademark. This right allows them to take strict action to protect the mark from unauthorized use and infringement. It prevents competitors from using a similar mark without the permission of a specific brand. It helps to protect brand identity in the market.

Brand Awareness and value

A registered trademark allows customers to identify the products or services of a specific brand from others. It also helps to maintain brand recognition and trust in the market. A customer can also identify the product's quality by its brand.

Build Goodwill and trust.

A trademark registration in Agra helps to build goodwill and trust in a brand. It helps to create regular and loyal customers. People can easily identify the products or services of a particular brand within the market. It helps to maintain the brand image in the market.

Differentiate products or Services from others

A registered trademark focuses on differentiating the products and services from its competitors. It helps customers to identify a product or service by its brand. It also helps to maintain brand identity to comply with market requirements. A unique brand attracts customers and prevents their confusion while choosing a product or service.

Creation of an Intangible Asset

A trademark helps create a unique brand identity and serves as an intangible asset for your business. A registered trademark gives you the right to sell, assign, or franchise to use it. It also contributes a valuable source of income from its intellectual property.

Usage of "R" Symbol

A trademark owner has the right to use the “R” symbol on the logo after a trademark registration. It helps to prevent others from using the mark without the authorised permission.

Validity for 10 Years

A valid trademark helps to protect your mark from infringement by preventing others from using a similar mark for 10 years. It helps to maintain the brand identity and brand image in the market. It also helps to maintain the cost-effectiveness of the brand in a business.

Conclusion

It is always important to apply for trademark registration in Agra to stand out in a competitive business market. Once a trademark is registered, you will be able to keep your brand safe and strengthen your business identity. If you need any type of assistance with trademark filing, get in touch with Online Legal India.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.

FAQ

Q1. What is the importance of trademark registration in Agra?

The importance of trademark registration in Agra is that it helps to protect your brand’s reputation and builds customer trust. Once a trademark is registered, you will gain exclusive rights to use your brand name and logo.

Q2. Which categories can apply for trademark registration in Agra?

Any individual, startup, company, Hindu Undivided family (HUF), partnership firm, Limited Liability Partnership (LLP), and so on can apply for trademark registration in Agra.

Q3. Is it possible to register a trademark in Agra online?

Yes, you can register your trademark in Agra online through the official IP India portal.

Q4. What happens if someone copies my registered trademark in Agra?

In Agra, if your trademark is registered, you can take strict action against the infringer, claim damages, and stop them from using your brand name, logo, or tagline unlawfully.

Q5. What is the validity of a trademark after registration?

The trademark remains valid for 10 years after registration.