Trademark Registration in Jaipur
Trademark registration in Jaipur is a process where the owner of the trademark applies for registration of his unique trademark or brand name with the Trademark Office in order to get exclusive rights over it.
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Trademark Registration in Jaipur
Jaipur is the capital of India’s Rajasthan state. Jaipur is among one of the fastest-growing industrial hubs in the country. Jaipur is ranked 31 among the 50 Emerging Global Outsourcing cities in India. Therefore, the scope of setting up a business can turn out to be quite beneficial as well as profitable. So we can say that Jaipur happens to be a better place to do business in India. If you are looking to build a business in India, Jaipur is a place you should consider with utmost importance. When it comes to business, whether new or existing, trademark registration plays an important role in the protection of your brand identity.
Intellectual Property Rights are a very important asset class for any business, startup, or enterprise. Developing and protecting intellectual property such as Trademark, Patent, Designs, Geographical Indication (GI) with proper registration can help them to gain a competitive advantage. It is essential to obtain trademark registration for the business name/trade name under the Trademarks Act 1999. A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it or to authorize another person/entity to use the same in exchange for an agreed consideration.
A trademark (also known as brand name) may be a name, signature, word, letter, numeral, symbol, logo, device, packaging labels, tagline, the shape of goods, or any combination thereof to distinguish it from other similar goods or services originating from another seller. It is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.
Who can file an application for Trademark Registration?
- An Individual Person
- Joint Owners
- Proprietorship Firm
- Partnership Firm
- Limited Liability Partnership
- Indian or Foreign Companies
- Trust, Society, NGO’s
- Banks, Insurance Company, Financial Institution, Stock Market Intermediaries
- Government Ministries, Departments, and Agencies
- Schools, Colleges, Institutions and Universities
Trademark Selection – How to Choose a Trademark?
Invented and Coined Marks
- The invented/coined marks mean coining a new word that has no dictionary and does not resemble any other registered or applied trademark such as “Adidas”, “Samsung” etc.
- These are the strongest marks, and thus the easiest to protect.
Arbitrary marks
- Arbitrary marks mean mark which exists in popular vocabulary, but have no logical relationship to the goods or services for which they are used, like “Blackberry” for phones, “Apple” for computers, “Kangaro” for stationery items.
- These marks are comparatively easy to protect and register as a trademark
Descriptive and Suggestive Marks
- Descriptive marks mean the mark describing the characteristic of the products, like using the mark “Fair” for the fairness creams, using the mark “Print Media” for newspaper publication.
- Suggestive marks mean the mark suggesting the characteristic of the products, like “Habitat” for home furnishings products, like “Airbus” for airplanes.
- These are considered comparatively hard to protect and register as a trademark
Well Known Trademarks
- While adopting any mark, the applicant should also keep in mind and ensure that the mark is not being used by any other person in India or abroad, especially if the mark is well-known.
- India recognizes the concept of the “Well-known Trademark” and the principle of “Trans-border Reputation”.
- Examples of well-known trademarks are Google, Tata, Yahoo, Pepsi, Microsoft, etc.
Generic marks
- Generic marks mean using the name of the product, for the product, like using the brand name “Wood” for furniture, “Jal” for packaged water etc.
- These marks are most difficult to protect as trademarks.
Benefits of Trademark Registration in Jaipur
Exclusivity of the mark
Once the trademark is registered, the owner of the trademark enjoys exclusive rights over it. It ensures that he has sole ownership of the trademark and can use it in respect of various goods and services under which it is applied. Further, the owner can prevent the unauthorized or illegal use of his brand name or logo. If anyone wants to use a registered trademark, he has to obtain prior approval from the owner.
Legal protection
A registered trademark will not only protect unauthorized use of a brand name or logo but shall also give the power to take legal action against infringement, misuse, or imitation of a brand name or logo by any person/entity or competitor. Further, the owner of a registered trademark can claim appropriate damages and compensation from the person who has infringed his trademark.
Goodwill and Prestige
A registered trademark can be used for building a franchise model, it can be sold, rented, assigned, or transferred to any person. Customers associate the quality of products with the brand name, which helps in differentiating products from another seller and gradually a trademark becomes a mark of quality goods and services. It not only adds value to the business but also builds goodwill and prestige for the brand.
Asset to the Organization
A registered trademark is an intangible asset to the organization. A lot of organization invests a significant amount in the formation of Intellectual Property for the organization which in return transforms into Intangible asset for the organization. This helps the company to increase the valuation of the overall business.
Global Representation
The trademark registered in India can be further registered in different countries globally. The applicants who wish to register marks outside India can take advantage of the goodwill and reputation acquired and provide evidence of registration in India.
Different Types of Trademark Symbols
™ ‘TM’ Symbol
The TM symbol can be used by an applicant after he makes an application for a trademark. It can be used with the brand name until the trademark is unregistered and the application is in pending status. It is generally used to inform the public about the exclusive claim over the brand.
SM SM Symbol
SM stands for Service Mark. It is used in respect of trademark applications that are filed for services. For example, if an applicant has applied for a trademark in relation to Information Technology (IT) services, it’s a service mark. However, a trademark applied under the service class can use anyone of the mark “TM” or “SM”
® – R Symbol
The R symbol can be used by the applicant once a trademark is registered and a certificate of Registration is issued by the Registrar of Trademarks. It denotes that the trademark is registered and is protected against any kind of infringement. You are not allowed to use the circled R before you receive the registration.
© – C Symbol
The C symbol stands for copyright. It protects the original works of authorship, such as literary works, music, dramatic works, pantomimes and choreographic works, sculptural, pictorial, and graphic works, sound recordings, artistic works, architectural works, and computer software. The C symbol is used along with the copyright holder’s name and the year of first publication. The use of the C symbol is not mandatory in India. However, in some countries, it is mandatory to use this symbol to claim copyright protection.
What Is Included In our Trademark Registration package?
Consultation and selection on Appropriate Trademark Class for Product/Services
Preliminary search report of the brand name
Documentation and Application for Trademark Registration
Government Acknowledgement and Challan after filing Trademark Application
Regular updates on the status of Trademark Registration
Procedure for Trademark Registration in Jaipur
Trademark Search and Availability Check
In the very first step, you have to provide us with the information about the brand name or logo and details of the business to be carried out under the brand name. Accordingly, we shall select the appropriate trademark class, conduct a search for the proposed trademark and inform you about the availability options.
Documentation and Preparation of Trademark Application
Once the trademark is finalized, you have to provide us with the required documents as per the checklist and we shall prepare the required form and application for Trademark registration.
Filing of Trademark Application
Once, the Trademark documentation is completed, we shall file the Trademark Application along with the documents submitted and pay the required government fees. You will receive the Government Acknowledge receipt and challan after successful submission.
Start using the trademark with “TM” mark
Once the application is successfully submitted, you can start using the trademark with a “TM” mark till the trademark is registered or refused.
Get the Trademark Registration Certificate
If there is no objection or opposition to the applied trademark, then the trademark will be registered with a period of 8 months to 1 year, as may be processed by Trademark Office and you shall receive a copy of the Trademark Registration Certificate
Documents Required for Trademark Registration in Jaipur
Brand Name and/or Logo
PAN Card of Applicant
Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License
Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others
MSME Registration or Start-up Registration (Optional)
Board Resolution or Authorisation letter
User Affidavit (If the Trademark is already been used before the date of application)
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