Trademark Registration in Delhi

A trademark provides intellectual property rights to the registered business owners that distinguish their businesses from others. It prevents third parties from marketing similar products or services under an identical trademark. A trademark can be a word, symbol, design, logo, slogan or a combination of all these (even smells, colours and sounds in some cases) to protect its uniqueness.

This article will look into several aspects of trademark registration in Delhi, its classifications, eligibility criteria, application process, required documents etc.

A trademark is a combination of characters, symbols, numerals or logos (even sound, shape and pattern) that any organisation uses to establish ownership. It indicates that the sign or symbol that one organisation uses, any other organisation cannot use the same.

Thus, several trademarks sanction the consumer's identified services or products from a particular manufacturer. These include the following:

• Product Mark: A product mark applies to goods or products.
• Service Mark: A service mark applies to services rather than products.
• Collective Mark: Collective mark identifies distinguished characteristics of products or services that several individuals collectively own.
• Certification Mark: This refers to the origin of a product, its quality, material and other specific details. It showcases the actual product standards that undergo several testing indicating high quality.
• Shape Mark: It protects the shape of a specific product and represents the product features and the manufacturer associated with it.
• Pattern Mark: A pattern mark protects the specific pattern of a product.
• Sound Mark: This trademark allows ownership rights over distinctive sounds or tunes to an organisation.

In this regard, the classification of trademark registration plays an essential role and helps business owners to choose suitable services accordingly. Now, let us understand the trademark classification.

Trademark classification is the classification of goods and services according to the description and type of the services and goods. One must select the class to conduct a trademark search. A trademark search is essential before opting for trademark registration in Delhi online to prevent inconsistencies. However, there are 34 classes for products and only 11 classes for services among 45 classes.

To meet the eligibility criteria for a Trademark or brand registration in Delhi, one must ensure the following conditions. These include:

• An individual
• Any Indian company
• Joint owners of a company or organisation
• Proprietorship Firm
• Partnership Firm
• Society or Trust
• Limited Liability Partnership or LLP

Let us discuss the essential documents you require to register a trademark.

Applicants must provide the following documents for brand name registration in Delhi. These are:

• Identity, nationality and address proof
• A duly completed application form
• Supporting statement
• A copy of the trademark
• Required fee
• The supporting statement must cover the grounds on which you are carrying the registration.
• An applicant or their authorised representative must sign the document.
• The copy of the trademark should be clear and legible.

In this regard, you must pay the required amount to complete the registration process.

For online trademark registration in Delhi, you must follow a few steps to apply with the Registrar of Trademarks. These steps are as follows:

Step 1: The first step towards trademark registration is to pick the class of your goods or services and check whether a similar trademark exists.

Step 2: To check, you can use the IP India Trademark website to ensure its authenticity.

Step 3: Now, you can fill out and submit your trademark application online on the IP India website.

After successfully submitting your trademark application, you can use the TM symbol next to your Trademark.

Step 4: Now, the Registrar will examine your trademark and evaluate its authentication for trademark registration.

In this regard, they can either approve the trademark or raise objections. One needs a Trademark Attorney to file replies if there is an objection.

Step 5: If the trademark is approved, the Trademark Journal will publish it.

However, if one feels this trademark is similar to theirs, they must file an opposition within 3 months of publication.

Step 6: In the final step, an applicant will receive a trademark certificate if there is no obligation regarding its authenticity.

After this step of your trademark registration in Delhi, one can use the Trademark symbol (®) beside your brand.

To apply offline, the applicant must visit the respective Trademark registration centre.

Step 1: Find the location of the Trademark registration centre as per the respective district.

Step 2: Ensure to have the required credentials for authentication mentioned above. Carry the original documents with you for scanning purposes.

Step 3: Then, the operator will process the application.

Step 4: After that, you will receive an application number. It serves as an acknowledgement of your successful submission of the application.

However, you will receive an SMS of approval or rejection, if any. After verifying your documents, the Trademark registration certificate will be delivered or sent through post to the given address in a stipulated time.

Having discussed the application process, let us inform you how to check the status of your Trademark application.

To check the status of your Trademark application, follow the steps mentioned below:

Step 1: Visit the IP India online website.

Step 2: Click on 'Trade Mark Application/Registered Mark' from the left side menu.

Step 3: Now, select 'National/IRDI Number'.

Step 4: Enter your Trademark Application Number, the captcha, and select the 'View' button

After that, one can see the Status of their logo registration in Delhi. Moreover, there will be an alert indicating its next steps.

There are 2 types of costs levied for trademark registration in Delhi. These are as follows:

• Professional Fees: The professional fees will be different for different service providers.
• Government Fees: This fee depends on the business structure applied for the Trademark registration. If the applicant is a sole proprietor or an individual, the Government fees will be ₹4500. If non-individual applicants own the business, the cost will be twice, that is ₹9000.

However, there are exceptions in cases of Government fees for trademark registration for businesses like MSME or Startup India registration etc.

Note: Objections Dependent Costs Drafting legal responses to objections can and would depend on the complexity of the matter.

Trademark adds value to your company as it is an asset for any company. The benefits include:

• It authenticates your brand name and logo, making it easier to identify so that people can recall your services or products.
• It protects from being used by others without your consent.
• You can enforce your rights if someone violates your trademark.
• It is an additional asset for your business that gives you a competitive edge.

Therefore, trademark registration helps an applicant to build credibility. It legally protects the business against infringement. Consider all these aspects of trademark registration to safeguard your intellectual property and brand uniqueness. This article provides information regarding the same, guiding you through your trademark registration in Delhi.