Procedures to Apply for Trademark Registration in Ludhiana

Ludhiana is one of the major industrial hubs in the Punjab region of India. In such a business environment, if you are planning to launch a startup, expand your established business, or venture into entrepreneurship, you must apply for trademark registration in Ludhiana. This registration will help to protect your brand, set your product and services apart, and protect your intellectual property in a competitive marketplace. In this piece of writing, you will get step-by-step guidance on the trademark registration process and more.

What Is Trademark Registration?

A trademark refers to a visual symbol that is used by a business. It can be a word, device, name, label, or numeral. People can easily distinguish a business’s goods or services from other similar products through a trademark in a marketplace. A trademark is also considered an asset that can be protected under Indian law. A trademark registration is the process that gives you the exclusive right to use a unique brand name, logo, symbol, or slogan. You can also use the “R” symbol after registration. It prevents others from copying or using the mark without permission. In India, trademark registration is regulated under the Trade Marks Act, 1999. It is managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce & Industry.

Nice Classifications under Trademark Registration

As per the Nice classification system 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 find a complete list on the official IP India portal.

Types of Trademark Registration in Ludhiana

Here are the key types of trademark registration in Ludhiana:

Device Mark

A device mark is defined as a trademark that uses a graphic design, image, or symbol compared to words. In other words we can say that, it is a figurative mark or logo mark. It consists of visual elements like logos, monograms, or specific designs. For example- Apple logo, the half-bitten apple silhouette which is used independently or with the word “Apple”.

Colour mark

A colour mark is a trademark which consists of a specific colour or a combination of colours that is different from others. This mark is also 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.

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 (the certifying body) but used by other traders whose goods or services comply with the specified standards. It helps consumers identify products that meet established quality or safety criteria. 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 outlines 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 determined as 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 trademarks that 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 used to protect the unique and distinct shape of the product. Customers can easily identify and buy the products based on 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.

Symbol Mark

A Symbol mark represents the visual design, image, logo, and so on of a trademark. It is also known as a graphical representation of a brand. This allows you to protect the trademark with its specific design.

Who is Eligible for Trademark Registration in Ludhiana?

Listed below are the entities that are eligible for trademark registration in Ludhiana:

Individual

Any individual can register a trademark to protect a word, symbol, or logo which they want to use. There is no requirement to run a business or any commercial activity to file an application. Once the application gets approved, they will gain the trademark rights.

Limited Liability Partnership (LLP)

An LLP (Limited Liability Partnership) are eligible to apply for a trademark registration in Ludhiana 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 the name of the owner. You will not be able to apply just by using the business name for it as a trademark applicant. The official registration includes the name of the proprietor along with a business name, but each is treated separately.

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.

Hindu Undivided Family (HUF)

A Hindu Undivided Family is recognized for taxation, but not a “separate legal entity” like a company. All family members are included directly descended from a common ancestor. Karta, who acts as the head and decision maker, typically 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 protect its brand name, logo, its goodwill and create 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 apply for a trademark when it uses a brand name for its goods or services. All the trustees’ names must be included in the application. When a trademark is registered, the trust owns the trademark. They can further use it for its activities, services, or publications.

Society

A society can apply for a trademark registration in Ludhiana for its name, symbol, or service. The application must contain the details of significant office bearers, including their names and roles. 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 refers to a registered business owned by an individual. It can be registered for the trademark under its company name, but not under the owner's name. Once it is registered, the trademark becomes owned by the OPC. The owner can manage and use it through the company for business activities.

Public or Private Limited Company (PVT)

A private or public company can register a trademark in its company name to protect its brand identity and safeguard products, services, and overall business operations. 

Documents Required for Trademark Registration in Ludhiana

The following documents are needed for trademark registration in Ludhiana:

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 Ludhiana?

Below is the step-by-step process to apply for trademark registration in Ludhiana:

Step 1: Conduct a Trademark Search

Firstly, you must conduct a trademark search before applying for a trademark registration. In this step, you need to check whether your name or logo is too similar to an existing mark. You can check it on the Public Search tool from the IP India portal to avoid rejection or disputes. A trademark search will provide the relevant information about already filed similar trademarks in the Trademark Registry.

Step 2: Determine the Appropriate Trademark Class

As per the Nice Classification system, there are 45 trademark classes for goods and services. You must check the official classification list according to your needs. You must always select the appropriate trademark class to avoid rejection, complications, or approval delays.

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

You must collect all your required documents before applying for a trademark registration in Ludhiana. Then, you need to fill out and submit the TM-A form (Trademark application form) with the required details. You must visit the official IP India portal to file it online. If you want to file it offline, then you need to visit the nearest Trademark Registry Office. Next, you should pay the required registration fee.

Step 4: Examination by the Trademark Office

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

Step 5: Objection by the Registrar

The registrar may raise an objection if they find any issues. This can happen if the mark is similar to an existing one 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 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

You must reply to the objection within 30 days of receiving it. You must provide clear explanations, valid supporting documents, and strong reasoning when replying to objections. 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 rejected.

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. In this step, 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. The registrar will inform you about it. 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 receive 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.

Fees for Trademark Registration in Ludhiana

Below are the fees for trademark registration in Ludiana:

Benefits of Trademark Registration in Ludhiana

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

Exclusive Rights

A registered trademark gives you the exclusive right to use your brand name, logo, or slogan. This helps to prevent others from using a similar mark without the permission of a specific brand. It also helps to keep your brand distinct from others and trustworthy.

Brand recognition and trust

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

Ensures Product Quality

A proper trademark registration in Ludhiana helps to maintain the quality of the products or goods. Trademark helps consumers associate your brand with consistent quality of a specific brand from others. It generally attracts customers and creates a positive image for the business.

Creation of an Asset

A trademark creates a unique brand identity for the creation of an intangible asset. 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

Once your trademark is registered, you will have the right to use the “R” symbol on the logo. It prevents others from using the mark without taking your permission.

Protection for 10 Years

A registered trademark remains valid for 10 years. It helps to prevent others from using a similar mark, which means brand protection. A valid trademark helps maintain the brand’s identity and image in the market. It also supports the cost-effectiveness of the brand in a business.

Conclusion

It is important to get trademark registration in Ludhiana. Register your trademark properly by following the right steps. Your business will gain identity, credibility, and growth opportunities. If you want any kind of assistance regarding trademark filing, get in touch with Online Legal India.