Step-by-step process of Trademark Registration in Nagpur

How to Apply for Trademark Registration in Nagpur?

Trademark registration in Nagpur is extremely important for growing businesses. This is because Nagpur is one of the most competitive and fastest growing cities in India. So, be it a startup you want to set up, a new product line, or want to extend your already established business, trademark registration for protection of your brand name, logo, tagline, or any specific identifier from infringement is a must. Read the blog to know the step-by-step process of trademark registration in Nagpur, who can apply for trademark registration, types of trademarks, benefits of trademark registration, etc. Read to know 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.

Understanding the NICE Classification System

As per the NICE Classification system trademarks are divided into 45 different classes:

Classes 1 to 34: Goods and Products

Classes 35 to 45: Cover services

Before completion of trademark registration in Nagpur, you are required to identify the proper class(es) the goods or services fall into. Get the full classification list by visiting the official IP India website.

What are the Benefits of Trademark Registration in Nagpur?

1. Exclusive Ownership Rights

The best thing about completing trademark registration in Nagpur is that you as the owner will get complete rights to use the mark in relation with the goods or services for which it is registered. Additionally, you can also prohibit other businesses from using identical marks.

2. Builds Brand Reputation

Another major benefit of trademark registration in Nagpur is that registered trademark provides credibility to your brand. Remember that officially protected brands are more trustworthy and easily remembered by customers, thereby strengthening trust of customers in your brand with time.

3. Distinguishes Your Brand

Trademark registration also makes your brand stand out in a competitive marketplace. Whether it is logo, a tagline, phrase, or symbol, your mark becomes a unique identifier for the products or services that your brand offer.

4. Protection Against Infringement

In there is any unauthorized use of your registered mark, you can take strict action in the form of injunctions, claims of financial loss, and even damages from the third party. Sometimes they will also be asked by the court to pay back the profit that they made from commercially using your mark.

Types of Trademarks in India

1. Device Mark (Logo / Design)

A device mark helps in safeguarding the visual elements that are associated with your brand identity. These may include symbols, designs, or graphical logos.

Example: The Apple Logo.

2. Word Mark

The word mark covers the textual portion of your brand identifiers. Now it can be brand names, slogans, or taglines, regardless of font or style.

Example: The word “Google” as a plain word mark.

3. Sound Mark 

These are mainly audio signatures of a brand, which help consumers recognize the company even without any kind of visual cue.

Example: The classic Nokia ringtone.

4. Colour Mark 

A colour mark helps in protecting particular colour or combination of colours that distinctly identifies your brand.

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

Who can apply for a trademark in Nagpur?

Below is the list of applicants who can apply for Trademark Registration in Nagpur:

1. Individuals

An individual can apply for trademark registration for protecting their name, logo or symbol. The individual will not require any business or commercial activity for filling the trademark. After registration, the individual will get full ownership of the mark.

2. Proprietorship Firms

Proprietorship firms can apply for trademark registration in their name or in their business name. However, both the names will be listed separately in the application.

3. Partnership Firms 

If one is applying for a partnership firm the application must include the name of all the partners. In case if one of the partners is a not an adult, the application should include the details of his guardian.

4. Limited Liability Partnership (LLP)

An LLP Firm can apply for trademark registration in Nagpur in the name of the LLP. However, since an LLP is considered a separate entity, the LLP holds the ownership of the trademark, not any of the partners.

5. Trusts

Trusts are allowed to file for trademark registration for their activities or publications. They will have to provide all the trustees’ names in the application. After the trademark registration process is completed, the trust will own the trademark.

6. Societies

Registered societies can protect their brand identifiers by applying for trademark registration in the name of the society along with all the details of key office bearers.

7. One Person Company (OPC)

One Person Company or OPC can apply for trademark registration under the name of the company. After completion of the registration process, the owner will get the usage rights through the company.

8. Public and Private Limited Companies

Registered public or private limited companies can apply for trademark registration in Nagpur in their company name to protect their brand identifiers across various products and services.

9. Hindu Undivided Family (HUF)

An HUF is considered for taxation and a separate legal entity but not as a company. The members of HUF include individuals descending from the same ancestor. The role of the Karta is to manage all the company and business assets and he is the decision maker of the family. They can file for trademark registration under the “HUF Category”. The application will require detail of the Karta and all the members and should mention HUF as the applicant.

Example: The proprietor of M/s Intrax, the “AIMEX WITH DEVICE” owned by Babu Rajan Pillai, HUF is a registered Device Mark in the rice category 9Class 30). The filling date was 25^th February 2023 for this trademark.

How to Apply for Trademark Registration?

Below we have given in detail the steps for trademark registration in Nagpur:

Step 1: Conduct a Trademark Search

First you need to do a trademark search to ensure that your proposed mark is not already registered or too similar to another existing mark. You can check and avoid duplication through Public Search Tool by visiting the IP India website for ensuring uniqueness of your mark.

Step 2: Select the Correct Class 

Then you need to choose the right class(es) according to the products or services of your business. Remember that filling trademark under the wrong class may be rejected or can result in limited protection.

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

After choosing the trademark class, you will have to move on to Form TM-A. You should provide:

• Logo/image
• Name or textual representation of your brand
• Proper description of the goods/services
• Proof of usage, if there is any (optional, if already in use)
• Identity proof and address proof
• Documents of Business registration
• Power of Attorney (if an agent is filing)

Fees for Trademark Registration

Step 4: Examination by Trademark Registrar

After submission of the application, it will be examined by the registrar. If there are objections, one need to respond within 30 days along with proper justification and supporting documents.

Step 5: Publication in Trademark Journal

Once the trademark application is accepted, the mark is published in the Trademark Journal. For a period of 4 months, the public can oppose the mark on the grounds that it is conflicting with theirs in any sense.

Step 6: Opposition (If any)

If an opposition is filed, you must file a counterstatement in 2 months, or your application will be abandoned.

Step 7: Hearing (if necessary)

If a hearing is arranged then both parties will have to attend the hearing, if necessary. The Registrar will consider arguments and documents presented to them and then will make a decision based on that.

Step 8: Registration and Issuance of Certificate

In case if nobody is opposing the trademark or you overcome the opposition, the mark will be registered. You will get a registration certificate, that will be effective for 10 years and can be subjected to renewal.

Conclusion

Trademark registration in Nagpur is important for the protection of your brand identifiers against unauthorised use by third parties.  It also helps in creating a strong brand reputation and market presence. Doing a proper search, preparing the documents required with precision, and then continuing with the official process for registration one can get exclusive rights over their brand identity. If you require any assistance for filling your trademark, get in touch with Online Legal India.

FAQs

1. Why it is important to conduct a trademark search?

One should conduct a trademark search before applying for trademark registration to check if a similar mark is already registered. This will help in avoiding rejection in the future.

2. What are Trademark Classes?

Trademarks are registered under particular classes which corresponds to the goods and services they represent. One need to select the right class for his trademark application.

3. How much does trademark registration cost?

The Government fees vary depending on the status of the applicant. In case of individuals and startups the e-filling fee is RS. 4,500 and fee for offline submission is Rs. 5000. In case of others, the e-filling fee is Rs.9000 and fee for offline submission is Rs. 10,000.

4. How long is a trademark valid?

A trademark is valid for 10 years from the date on which you have applied. One can renew it perpetually by filling a renewal request in form TM-R before it expires.

Disclaimer: This article is strictly for educational purposes, not legal advice. If there is a legal issue requiring specific assistance, consult with a qualified trademark attorney or law firm.