Learn the process for Trademark Registration in Bhubaneshwar

Bhubaneshwar is the hub for the growth of new businesses and startups. This city is establishing itself as an alternative to traditional major India Metro cities. With urban transformation, well-connected roads, IT Parks and reliable connectivity it has become an efficient location for business operations. Trademark registration in Bhubaneshwar is important to safeguard your brand name, logo or symbols from infringement. It also helps in building a reputation and recognition of your brand. Read the blog to know the detailed process of registering your trademark in Bhubaneshwar.

What is Trademark Registration?

A trademark is a unique logo, word, phrase or symbol which identifies the product and services of a company from others. Trademark registration acts as a protection against your brand identity from being copied and help consumers in identifying a particular product or company. Trademark registration gives you the exclusive rights of the usage of a unique mark or symbol for your business. In any competitive marketplace, for example in a city like Bhubaneshwar, it serves as an asset for your business. It helps in improving the visibility of your brand. By completing the process of trademark registration in Bhubaneshwar, you can use the “R” symbol for protecting your business identity from infringement.

The Nice Classification System under Trademark Registration

Trademark is divided into 45 classes in India, as per the Nice Classification System. Each class represent specific kinds of goods and services. Classes 1 to 34 include goods or products and 35 to 45 include services. You will get the complete list on the official IP India Portal.

Benefits of Trademark Registration In Bhubaneshwar

1. Offer Exclusive Usage Rights

One of the main benefits of completing the process of trademark registration in Bhubaneshwar is that you will get exclusive rights over the trademark. You as a trademark owner can apply for all the products and goods that falls under the classes for which it is registered. Trademark registration will give you right to take strict action against companies or businesses who will use an identical mark to yours without authorised permission.

2. Helps in Building Goodwill

Another major benefit is that it will help in establishing goodwill and trust in your brand. The goodwill of your brand will increase when your brand will become quite popular among customers. Customers will recognize product and services from the brand name and will keep choosing the same brand.

3. Distinguishes Products and Services

Trademark registration in Bhubaneshwar helps in distinguishing your products and services from other businesses. It will create your unique brand identity. The registration will help you in marketing or advertising your product and service with a unique brand identity.

4. Taking Action Against Infringement

When any third party is using your trademark for their products or services, it is called infringement. With trademark registration, you can take strict action against any third party who is using your registered trademark without your permission. The court may order injunctions, damages, and compensation. In some cases, the infringer may be directed to hand over profits earned from unauthorized use.

What are the Different types of Trademark?

1. Device Mark (Logo/Design)

A device mark represents the brand’s visual identity of a brand such as a symbol, logo, or design. The role of it is that it helps customers instantly recognize your brand, even without text.

Example: The Iconic Apple logo

2. Word Mark

A word mark helps in protecting the textual part of your brand identities such as the name, tagline, or slogan. It is always registered in plain text and that is why it remains protected regardless of font, size, or style.

Example: The Brand Name “Google”

3. Sound Mark

A sound mark represents the unique sound, jingle, or musical note with the help of which people recognize a brand. It works just like a logo, but it serves as an auditory recognition, creating an instant recall.

Example: The all-time popular Nokia ringtone

4. Colour Mark

A colour mark is the specific colour or combination of colours that serves as the identity of a brand. It gives a unique visual identification of your brand.

Example: The Tiffany blue colour owned by Tiffany & Co. and Cadbury Company own rights over Purple (Pantone 2685 C)

Who Can Apply for Trademark Registration?

Below we have listed who can apply for trademark registration in Bhubaneshwar:

1. Individual

Trademark can be registered by an individual for protecting their brand name, logo or symbol. An individual will not require a business or commercial activity for filling a trademark. The individual who apply for it will get the trademark rights.

2. Proprietorship Firm

Any proprietorship firm can opt for trademark registration in Bhubaneshwar in the name of their owner. You can apply for trademark using your business name only. The official registration process will include the make of the proprietor and the business name, however each is treated separately.

3. Partnership Firm

If one is applying for a partnership firm, then the application should include names of all the partners.  In case if any of the partner is not an adult, then a guardian should represent them.

4. Limited Liability Partnership (LLP)

An LLP Firm can apply for a trademark in the name of the LLP. An LLP being a separate legal entity, is considered as the owner of the trademark. In case of an LLP Firm, partners do not have personal ownership over the trademark since they maintain their individual identities.

5. Trust

A trust can register their trademark in case if they are using a brand name for its products and services. The application should have the names of all the trustees. After completion of the registration process, the trust will own the trademark. They can use it for various services, activities or publications.

6. Society

A society can apply for trademark registration in their name, symbol or service. You will have to mention the names and roles of the key office bearers in the application.

7. One Person Company

A one-person company is a registered business owned by a single individual. It can apply for trademark registration under the name of the company, not the owner. After completion of the registration process, the OPC will get the trademark. The owner can manage and use it for business purposes.

8. Public or Private Limited Company

A registered public or private limited company can apply for trademark registration under the name of the company. It helps in protecting the brand identity and helps in distinguishing products and services from other competitors.

1. Hindu Undivided Family

A Hindu Undivided Family is recognized for taxation, but not a “separate legal entity” like a company. All the members of a HUF include all members who are descending from a common ancestor. The Karta manage all the company and business assets and he is considered as a significant decision maker of the family. They apply for trademark registration under the “HUF” Category. The application must mention HUF as the applicant along with the detail of the Karta and other members.

For Example: AIMEX WITH DEVICE filed by Babu Rajan Pillai, HUF, who is the proprietor of M/s Intrax, are registered for class 30 and produce rice. Device Mark filed on the date of 25^th February 2023. It is the example of a logo mark owned by HUF.

How to Apply for Trademark Registration in Bhubaneshwar?  

Below we are providing the step-by-step process of Trademark Registration in Bhubaneshwar:

Step 1: Do a Trademark Search

First one will have to do a proper trademark search and check if the proposed slogan, logo or brand name is already registered or not. You can do this by using the IP Indian Public Search Tool. It will help you getting a mark that is unique.

Step 2: Select the Right Class

As we know that trademarks are categorized into 45 categories, each class represents particular kinds of goods or services. Selecting the right class among this is highly important. You will get the full list on the IP India Website.

Step3: Prepare the Trademark Application

After choosing the availability of trademark and choosing the right class, one can proceed and submit the application with form TM-A. One will have to include all the information regarding the applicant in the form. For example: The trademark you want to register, the services and products it pertains to, and a proper description of the mark.

You will require:

An image of the logo of your brand or the brand name

Details about the goods and services

Proofs about usage (If Applicable)

Address and Identity Proof

Business Registration Proof

Power of Attorney (In case if an expert is submitting the application on one’s behalf)

Application Fees: The fees for the process of trademark registration in Bhubaneshwar vary based on multiple factors. Here check out detail about the fees:

Individuals and startups will have to pay Rs.4500 for online application submission and Rs.5000 for offline application submission per class per mark.

Others will have to pay Rs. 9000 for online application submission and Rs. 10,000 for offline application submission.

Step 4: Examination

After submission of the application, the registrar will go through the application. If any objection arises, then one has to reply within 30 days along with proper clarification and supporting documents.

Step 5: Publication in the Journal

Once the application will be accepted, the trademark will be published in the journal for the review of the public. There is a four-month window during which any third party have the right to oppose the trademark.

Step 6: Handling Opposition (If Required)

If any kind of opposition arises after filling your trademark, you can reply within two months with a proper counterstatement from the date of receiving the objection. If you do not do so, your application will be considered abandoned.

Step 7: Hearing (If Required)

If a hearing is arranged for clarification, both the parties must attend and present their case there. After reviewing of the documentation and evidence is completed, the registrar will give a final decision.

Step 8: Registration and Certificate Issuance

If there is no opposition, then you can finally consider that your trademark will get registered. After everything else is finalised, you will get the trademark registration certificate. This trademark registration certificate is valid for 10 years.

Conclusion

Doing trademark registration in Bhubaneshwar you can secure your brand identity. It is more like a major investment in the long run. A registered trademark will enhance the value of your brand. It will build the trust of the customers in your products and services. If you require any assistance with the process of trademark registration, get in touch with Online Legal India.

FAQ

1. Who can apply for trademark registration in Bhubaneshwar?

An individual, proprietorship firm, Limited Liability Partnership (LLP), One Person Company (OPC), partnership firm, trust, society, Hindu Undivided Family can apply for trademark registration in Bhubaneshwar.

2. Can I apply for Trademark Registration Online?

Yes, one can apply for trademark registration online through the official IP India Website. Visiting a physical office is not required.

3. When the “R” Symbol is used?

The “R” Symbol is used after completion of the trademark registration. This symbol signifies that no one apart from you can use that part without authorised permission. It will help customers to ensure that the products and services of the brand are original and of top-quality.

4. How long is the trademark valid?

A registered trademark has a validity of 10 years from the date of application. One can renew it after 10 years.

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.