Steps to Apply for Trademark Registration in Jaipur

Jaipur is the capital of Rajasthan. This city gives several opportunities for both growing startups and established brands. In this city, if any business or individual wants to protect their unique brand identity, then they can apply for trademark registration in Jaipur. A registered trademark will give them exclusive rights to use the mark and prevent unauthorised use in a marketplace. In this piece of writing, you will get a step-by-step guide on the process of trademark registration, its benefits, fees, and so on.

What Is Trademark Registration?

A trademark is a distinct mark that helps people to easily identify a brand in a marketplace, which is different from others. A valid trademark serves as a brand identifier for customers. This helps prevent confusion when they identify a brand. A trademark registration is the process of giving protection to a unique brand name, logo, symbol, or slogan. A trademark owner has the exclusive right to continue use of the mark. 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 divided into 45 unique class. Each class is related to kinds of goods or services. Classes from 1 to 34 cover goods or products. Whereas, classes from 35 to 45 cover services.

Types of Trademark Registration in Jaipur

There are several types trademark registration in Jaipur. Here they are:

Device Mark

A device mark is a kind of mark which uses a graphic design, image, or symbol compared to words. It is also named as a figurative mark or logo mark. This mark includes visual elements such as logos, monograms, or specific designs. It helps people 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 is a type of mark which is used to certify a product or service. It certifies that the products or services meet certain standards regarding their origin, material, quality, method of manufacture, or other defined characteristics. An authorised proprietor who is a certifying body issues it. 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.

Colour mark

A colour mark is a mark which have a specific colour or a combination of colours. These unique colours are different from others. It is generally 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. The other example of this mark is Tiffany blue colour, which is owned by Tiffany & Co.

Word Mark

A Wordmark is defined as 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 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 mark which represent the unique patterns of a specific brand. It  identifies 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 a kind of mark which is used to protect the unique and distinct shape of the product. It helps 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 is mark that represents both the products and services of a particular group. A group or association used it to protect goods or services. 

Who can apply for Trademark Registration in Jaipur?

Listed below are the categories can apply for trademark registration in Jaipur:

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.

Proprietorship Firm

In India, a proprietorship can apply for a trademark registration 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 is required to represent the minor.

Trust

A registered trust can also apply for trademark registration if it uses a brand name for its specific 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.

Hindu Undivided Family (HUF)

A Hindu Undivided Family (HUF) is recognised for taxation, but it is not considered a separate "legal entity" in the same way a registered company or partnership firm is. They can apply for the trademark registration in Jaipur. All family members will be included, directly descended from a common ancestor. Karta, acts as the head and decision maker to manage the family business and assets. The application need to mention the HUF, along with the information of its Karta and members. 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. 

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 in Jaipur, it becomes the property of OPC. Then, the owner of such a company can manage and use it for business activities through the company.

Society

A society can 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.

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.

Limited Liability Partnership (LLP)

An LLP has its legal identity. In case of a trademark, it can be applied only in the name of the LLP and not in the names of partners. The rights belong to the LLP only. Each partner maintains an individual identity. In LLP, partners do not hold personal ownership of the trademark. 

Documents Required for Trademark Registration in Jaipur?

Below are the key documents required for trademark registration in Jaipur:

1. ID and Address proof of the applicant, which includes an Aadhaar card, PAN card, Passport, utility bill, bank statement, Voter ID, etc.
2. Form TM-A, which means Trademark application form
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 which means Power of Attorney (if applicable).
6. MSME Certificate (if applicable)
7. A user affidavit is required if the trademark is already being used.

How to Apply for Trademark Registration in Jaipur?

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

Step 1: Conduct a Trademark Search

At first, you must conduct a trademark search before applying for registration to avoid rejection or disputes. In this process, you need to check if 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 give you the relevant information about already filed similar trademarks in the Trademark Registry.

Step 2: Determine the Appropriate Trademark Class

Trademark is divided into 45 classes under the Nice Classification system for goods and services. You must select the correct trademark class from the official classification list as per your needs.  Choosing a correct trademark class helps to avoid rejection, complications, or approval delays.

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

As an applicant, you should collect all your necessary documents as mentioned above before applying for a trademark. Then, you have to fill out and submit the TM-A form for trademark registration in Jaipur with the required details. You can submit it online on the official IP India portal. In case of offline, you need to submit it at the nearest Trademark Registry Office. 

Step 4: Examination by the Trademark Office

Once you submit your trademark application, the Trademark Office will review it. The examiner checks that the trademark is not similar to any other mark and verifies all your submitted documents. Then, your application will proceed to the next step if it meets all the requirements. In case the registrar finds any issues, the application will be put on hold, and you will be informed.

Step 5: Objection by the Registrar

In case of the registrar finds any issues, they may raise an objection. This can occur if the mark is similar with an existing mark or if it uses a generic name. A formal objection can be raised under Section 9 or 11 of the Trademarks Act. The notice also contains 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 get an objection, you should reply to it within 30 days of receiving it. You must give clear explanations, valid supporting documents, and strong reasons while replying to it. A reply should be well-drafted to resolve objections and avoid unnecessary delays in the process. Once the registrar gets satisfied with your response, the application will proceed to the next stage. In case of failing to reply on time, your application may be put on hold, which can affect approval.

Step 7: Publication in the Trademark Journal

When the registrar agreed upon your trademark application, it will be published in the Trademark Journal for four months. Then, your trademark is displayed to the public. Any person or business 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 be 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

If the opposition continues after your reply, the registrar schedules a hearing date and tells both parties about it. Both sides are required to present their arguments in the hearing. 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 Jaipur

Here is the trademark registration fees in Jaipur

Key Benefits of Trademark Registration in Jaipur

Here are the key benefits of trademark registration in Jaipur:

Exclusive Rights

A trademark owner has the exclusive right for the continued use of the mark. They can take strict action against unauthorised use and infringement of your mark. It means if anyone wants to use your mark without taking permission, you can easily protect it.

Brand Awareness and value

A valid trademark helps customers to identify the products or services of a specific brand from others. When a trademark is registered, you will be able to maintain brand recognition and trust in the market.

Build Goodwill and trust

A trademark registration in Jaipur helps to build goodwill and trust in a brand. It creates regular loyal customers to identify the products or services of a particular brand within the market. It also helps to maintain the brand image in the market.

Differentiate products or Services from others

A registered trademark helps to differentiate the products and services from its competitors. So, that customer can easily identify a product or service of a specific brand. It also helps to maintains brand identity to comply with market requirements. Therefore, we can say that a unique brand attracts customers and prevents confusion while choosing a product or service.

Creation of an Intangible Asset

A registered trademark creates a unique brand identity for the creation of an intangible asset. You will have the right to sell, assign, or franchise to use it. A valid trademark 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 trademark registration. It guarantees that others cannot use the mark without the authorised permission.

Valid for 10 Years

A registered trademark remains valid for 10 years. It helps to protect the mark from infringement by preventing others from using a similar mark. It also helps to maintain the brand identity and brand image in the market.

Conclusion

Therefore, many individuals or businesses want to protect their brand in Jaipur. So, they can apply for trademark registration in Jaipur. You will be able to keep your brand safe and strengthen your business identity after completing registration. If you need any type of assistance with registering a trademark, 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. Can I apply for trademark registration in Jaipur?

Yes, you can apply for trademark registration in Jaipur through the official IP India portal or by submitting a physical application.

Q2. Is it possible for LLP to register a trademark in Jaipur?

Yes, it is possible for Limited Liability Partnership (LLP) to register a trademark in Jaipur?

Q3. How much does trademark registration cost in Jaipur?

According to the IP India (CGPDTM), the applicable government fee is:

1. The fee is Rs. 4,500 per class for e-filing. In case of physical filing the fee is Rs. 5000 per class for individuals, startups, and MSMEs.
2. The applicable fee is Rs. 9,000 per class for e-filing and Rs. 10,000 per class for physical filing for companies and large enterprises.

Q4. What is the validity of a trademark after registration?

The validity of a trademark is 10 years after registration.