Guide on Trademark Registration in Odisha

Trademark Registration in Odisha is extremely important for businesses, who are looking to secure their brand identity in this fastest developing city of India. Odisha is witnessing huge industrial expansion these days, from Bhubaneswar to Cuttack, Rourkela to Berhampur, making brand identity protection a must. This blog will guide you on how you can register your trademark in Odisha, what documents you will require, the detailed application process and the benefits of trademark registration in Odisha. Read to know more.

What is Trademark Registration?

Trademark registration is the process that grants exclusive rights over the unique identifiers of your brand such as a name, logo, symbol, tagline, or sound. After trademark registration no other person or business can officially use your trademark without your permission. It helps in strengthening the market presence of your brand and protects your mark from infringement.

What is the Nice Classification System?

India trademark is categorized into 45 classes according to the Nice Classification System:

• Class 1–34: Goods
• Class 35–45: Services

When you are applying for trademark registration in Odisha, you should select the class that properly matches with your products or services. You will get the full list on the official IP India website.

What are the Different Types of Trademark?

Here we have listed below the different types of trademark:

1. Device Mark (Logo/Design)

A device mark helps in securing the visual identifiers of your brand like symbol, logo or design. Customers recognise a brand with the help of device mark only without requiring any textual elements.

For Example: The Iconic Bitten Apple Logo

2. Word Mark

Word mark protects the textual identifiers of a brand. These can include name, tagline or slogan. It is registered in plain text that keeps it protected irrespective of font size or style.

For Example: The Name of the Brand “Google”

3. Sound Mark

A sound mark helps in safeguarding the unique sounds or musical notes that are associated with the identity of a brand. A unique sound helps customers in recognising a brand even without looking at its logo. It is an auditory recognition that create an instant recall in the mind of consumers regarding the brand.

For Example: The all-time famous Nokia tune

4. Colour Mark

A single colour or combination of colours often acts as identifiers for brands. A colour mark helps in securing these colours associated with brands. It offers a unique visual representation of a specific brand.

For Example: The Tiffany Blue colour owned by Tiffany & Co. and Cadbury company having rights over Purple (Pantone 2685C)

What are the benefits of Trademark Registration in Odisha?

Here we are providing the major benefits of trademark registration in Odisha:

1. Exclusive Rights Over Your Brand

After completion of the trademark registration process, the business owner or individual can use the mark for the categories (classes) he applied for. Another advantage is that you will have the right to take strict action against anyone using a similar or identical mark like yours.

2. Builds Reputation & Customer Trust

Another major benefit of having a registered trademark is that it helps customers recognise your products or services instantly. They can understand that these products and services belong to your brand only. This will enhance the reputation and goodwill of your brand. Customers will also develop a trust in your brand.

3. Distinguishes Your Brand

Trademark registration in Odisha also allows your brand to stand out from competitors. Now in state like Odisha, your business needs to stand out from others in order to grow. With a registered trademark customer can distinguish your product and services from others.

4. Protection Against Infringement

Another major benefit of Trademark registration in Odisha is that you can legally challenge the unauthorized use of your mark. Court can order injunctions, damages, and compensation against businesses who will commercially use your mark without permission. In some cases, the infringing party will have to pay the profit they have made from using your mark.

Who Can Apply for Trademark Registration?

A wide range of applicants, from individuals to private or public sector companies can apply for trademark registration in Odisha. Anyone who is using or is intending to use a unique name, symbol, logo, slogan, or other brand identifier for the products or services of their business can apply. Below we have provided the categories of applicants who eligible for trademark registration.

1. Individuals

Any person even without having a registered business can apply for trademark registration in Odisha in their own name. This is particularly for artists, freelancers, small creators, or an individual who is wanting to protect their brand identity.

2. Proprietorship Firms

A sole proprietor who is running a business in the state of Odisha can apply for a trademark. The application must include name of the business owner. The application can include the name of the proprietor in addition with the business name. However, the business and the proprietor will be considered as the separate legal identity.

3. Partnership Firms

If you are applying for partnership firms, the names of all the partners must be mentioned in the application. In case if any partner is not an adult, the name of the guardian of that minor should be included. The partnership firm as a whole will become the owner of the trademark after completion of the registration process.

4. Limited Liability Partnerships (LLPs)

An LLP is considered a separate legal entity and the trademark is owned by the LLP itself, not the partners. Partners will not have personal ownership of the trademark. This structure is appropriate for medium and small businesses operating in Odisha.

5. Public or Private Limited Company

Private Limited and Public Limited Companies have the right to apply for trademark in the name of their company. The business entity not its receives ownership of the mark, not the directors or shareholders. This helps companies in protecting brand identities in the marketplace.

6. One Person Company (OPC)

In a One Person Company, the application must be filed in the name of the company even though the business is run by a single individual. After registration, the OPC becomes the official owner of the trademark. The owner can use it for business operations.

7. Trusts

Trusts offer services, products, educational programs, community initiatives, and publications. They can apply for trademark registration in Odisha. The names of all trustees should be listed in the application. The trust becomes the official trademark owner upon registration.

8. Societies

A society registered under the appropriate act is allowed to apply for trademark registration to secure its brand identity. The application must include the names and roles of the key office bearers.

9. Hindu Undivided Families (HUFs)

A Hindu Undivided Family can apply for trademark registration in Odisha under the HUF category. 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. All the members of the HUF must belong from a common ancestor. The Karta is the head of the family and he only have to file the trademark application on behalf of the HUF. He is the one who manages all the business assets and he is the sole decision maker. The application should include details of the Karta and other members.  The trademark is then owned collectively by the family as a unit, not by individual members.

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

How to Apply for Trademark Registration in Odisha?

Here are the step by step process of trademark registration:

Step 1: Conduct a Trademark Search

Before applying for trademark registration in Odisha check if your proposed name, logo, or tagline is already registered or not. You can use the Public Search Tool on the IP India Portal to confirm the availability of the mark.

Step 2: Choose the Correct Class

Next step involves choosing the appropriate class (out of 45) for your goods or services. Choosing the wrong class can cause delay or even invalidate the trademark registration process.

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

Form TM-A must be filled with:

• Details of the applicant
• Type of trademark (word, logo, sound, etc.)
• Description of goods/services
• A clear and proper representation of the mark

Documents required:

• Logo/image (if applicable)
• Details of Brand name
• Proof of use (if already using the mark)
• ID and address proof
• Business registration certificate
• Power of Attorney (if filing through an expert)

Government fees:

• Rs. 4,500 for online submission and Rs. 5,000 for offline submission for individuals & startups (per class)
• Rs. 9,000 for online submission and Rs. 10,000 for offline submission for others (per class)

Step 4: Examination by the Registrar

The trademark will properly review your application during this stage.
If objections come up, you will have to respond within 30 days, along with proper documents and clarification.

Step 5: Publication in the Trademark Journal

After the application is accepted, the trademark will be published in the official journal for a window of four months to allow public opposition.

Step 6: Handle Opposition (If Any)

If someone objects to the application, then you will have to submit a counterstatement  within the time-frame of maximum two months.
If you fail to respond, the application will be considered as abandoned.

Step 7: Hearing (If Required)

If a hearing is scheduled, then both sides will have to present their arguments. The Registrar will go through the evidence submitted by both and then will make a final decision.

Step 8: Registration & Certificate Issuance

If there is no opposition, the trademark proceeds to registration after the journal period. You will receive a Trademark Registration Certificate that has a validity for 10 years.

Conclusion

Trademark Registration in Odisha is a vital step that every business owner or individual should take for securing their brand's identity and safeguarding it from any kind of misusage. You can protect your business assets in the long run by conducting a detailed trademark search, preparing documents, and following the application process carefully step-by-step accurately. If you require any assistance in Filling your trademark, get in touch with Online Legal India.

1. Why should I register my trademark?

Trademark registration in Odisha will protect your brand name, logo, and slogan from infringement and strengthens the market credibility of your brand.

2. Can I file the trademark application online?

Yes, you can apply for trademark registration online. The entire process from filing to tracking the application, all can be done online through the official portal.

3. Can I register both my brand name and logo?

Yes, you can file separate applications for each identifier of your brand. There will be no problem at all.

4. What happens if someone opposes my trademark?

If someone opposes your trademark, you will receive a notice and will have to respond with proper clarification. A hearing can also be scheduled.

5. When can I use the ® (Registered) symbol?

You can the “R” symbol only after your trademark is officially registered.

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.