In this article, you will read about trademark registration in Dehradun, Uttarakhand, its procedure, requirements, renewal process and eligibility.

You must have come through brands like Colgate, Maggie, Amul, Dehradun, Uttarakhand Gate, Raymond etc. But, how many of us would buy any commodity by the name of the business entity manufacturing these? The sole reason behind these being the fact that these brands have been well known trademarks in the relevant market and have established their popularity among consumers for their uniqueness and quality.

Under the laws of Dehradun, Uttarakhand, trademark has been classified as an intellectual property and is governed under the provisions of Dehradun, Uttarakhandn Trademarks Act 1999. Further the Act also provides for the provisions related to registration, protection of interests, and assignment of ownership rights, renewal and cancellation of trademark related rights.

To put it simply, a trademark in Dehradun, Uttarakhand is a unique name given to goods or services which may or may not be same as the name of the entity manufacturing it for the purpose to identify the goods or services manufactured or offered by such entity. It could be in any form including any letter, word, sign, sound, 3D shape, a single color or combination of colors, packaging design or even expressions indicating the quality or uniqueness of goods or products and differentiates products of one entity from his/her competitors in the relevant market.

 

CLASSES OF TRADEMARK IN DEHRADUN, UTTARAKHAND

For the purpose of facilitation of trademark registration, there are at least 45 classes of trademarks under which goods and services have been categorised covering a wide range of goods and services. Each class needs to be chosen carefully because such class of trademark should sufficiently cover all the goods/services offered by your business entity.

In case the business operations are required to be applied for more than one products or services, it is necessary to make application for registration under all applicable classes of goods or services.

WHAT COULD BE REGISTERED AS A TRADEMARK IN DEHRADUN, UTTARAKHAND?

Trademark application for registration in Dehradun, Uttarakhand is an important step for any business for establishing the uniqueness of their goods or services. Thus, it is always advisable to have complete knowledge about what could be registered as a trademark in Dehradun, Uttarakhand. Only a mark having sufficient features to describe goods manufactured or services offered that could be distinguished from goods/services of the other could be registered as a trademark in Dehradun, Uttarakhand. It could be in any of the forms as provided below-

  • Any Trade Name

Any name which is closely related to the trade in which the sole proprietor or business entity is engaged in Dehradun, Uttarakhand, which is also unique in nature could be allowed registration as a trademark. Such trade name could further be classified as name of the business, name of products or services etc. It could be in any color, shape, text, style or in any specific combination of colors.

  • Name of Goods/Services offered

Most of the business entities prefer to register the trademarks In Dehradun, Uttarakhand, in the name of the goods or services offered by such business entity. For instance MDH Masala, McDonalds, Airwick, Pizza hut etc. are some of the trademarks who have created their identity out of the goods/services offered among consumers.

  • Name of Business

Trademark could also be registered in Dehradun, Uttarakhand, in the name of the business entity offering such products or services. For instance Samsung, Reliance, Tata, Hindustan Unilever, Ranbaxy, McDonalds etc. all of these are business names who have been trademarked in the name of businesses offering goods or services in the market.

  • Names or Surnames of Business owners/promoters

Individuals or business owners/promoters in Dehradun, Uttarakhand have the option to register either their trade names or names of any other individual or surnames after taking their consent as trademarks for their businesses. Some of the examples include Tata, Aggarwal, Sony, Louis Vuitton, Manish Malhotra, Mahindra & Mahindra etc. However, it should be noted that the name should not be very common in use for registration purposes.

  • Abbreviations or Numbers

While looking for options to register a trademark in Dehradun, Uttarakhand, one can also consider letters, abbreviations or a combination of letter which are capable to indicate the goods or services being offered by the concerned business. Some examples include “IBM”, “BMW””L&T”,”555” etc.

  • Symbols or Logos

In case you are considering a shorter trade name for your business purposes, you can also opt for a symbol or logo containing unique features and capability to better represent the goods or services offered by your business. For instance – Apple,Nike,McDonalds, Coco-cola, Pepsi etc. are some the famous trademarks consisting of symbols and/or logos.

WHO ARE ELIGIBLE TO APPLY FOR TRADEMARK REGISTRATION IN DEHRADUN, UTTARAKHAND?

As far as the criteria of eligibility for registration of trademark in Dehradun, Uttarakhand is concerned, any individual or business entity can obtain trademark registration for the goods manufactured or services offered by them. However, the class of goods or services under which trademark registration in Dehradun, Uttarakhand is requested, could vary from person to person.

Nevertheless, following persons are eligible for applying trademark registration in Dehradun, Uttarakhand-

  • Any Individual or Sole Proprietor

Any individual who has a business idea in his mind but wants to start his entrepreneurial journey later in life can apply for trade name of his choice for such mark which he intends to use as his trademark in future. Similarly, where an individual is in a sole proprietorship business, he needs to mention his name in full and not the name of his proprietorship concern, as proprietorship is not a body corporate.

  • Two or more owners

Where there are two or more person intending to get a trademark registered under the name of both applicants. Such persons have the option to file application for registration as joint owners which should be mentioned in the application for registration.

  • A Partnership concern

In case of a partnership concern, it is necessary to mention names and other details of all the partners of the partnership firm for the purposes of registration.

  • Limited Liability Partnership

A Limited Liability Partnership (LLP) is a body corporate having its separate identity form its members and directors. Therefore, while applying for a trademark registration, it shall be necessary to mention the name of the LLP in the application for registration.However, the LLP shall be required to authorize a partner as a signatory for registration purposes.

  • Private Limited/Public/OPC Company

In case of a Private Limited/Public Limited or a One Person company, the trademark application for registration shall be made in the name of the company itself, as it is a body corporate having a separate existence from its members. However, the company shall be required to authorize a director as a signatory for registration purposes.

  • Non-Profit Organization(Trust /Society/Cooperative society etc.)

Finally, in case of a non-profit organization in the nature of a trust or society, the name of managing trustee in case of trust and chairman/secretary in case of society duly authorized by trust/society for registration purposes shall be mentioned in the application for trademark registration.

BENEFITS OF TRADEMARK REGISTRATION IN DEHRADUN, UTTARAKHAND

Registration of the trademark in Dehradun, Uttarakhand is a necessary process for a business entity and should be done under the assistance and guidance of professionals having years of experience in undertaking registration and further follow –up with trademark offices in Dehradun, Uttarakhand. Once registered a trademark is an intangible asset of a business which helps to establish goodwill of the business and also helps to create build brand trust and loyalty among customers. Trademark registration in Dehradun, Uttarakhand also gives the proprietor the right to bring a legal action against those infringing the rights of the registered proprietor with respect to such registered trademark and prevents anyone from using a trademark in Dehradun, Uttarakhand which is too similar to indicate any connection/relation with the registered trademark. Once trademark is registered, it is allowed to use the “™” symbol along with the trade name.

Some of the advantages associated with trademark registration are as follows-

  • EXCLUSIVE RIGHTS

On registration, the registered owner /proprietor enjoys exclusive rights related to use of the registered trademark in Dehradun, Uttarakhand. Such registered proprietor/owner can make use of such trademark for all or any of the goods/services falling under the class/classes of trademark under which registration has been obtained. Further, the registered owner has the right to bring a legal action against those making unauthorized use of the registered trademark.

  • CREATES BRAND AWARENESS & BUSINESS GOODWILL

A registered trademark with its unique features attracts consumers, establishes trust and creates brand awareness and about the goods or services or both associated with the registered trademark among consumers in the relevant market. In the long run, trademark becomes an integral part of the business and creates business goodwill.

  • LEGAL RIGHTS IN CASE OF TRADEMARK REGISTRATION IN DEHRADUN, UTTARAKHAND

Further, where a business owner/proprietor hold a registered trademark, no individual or business entity can get the right to use such registered trademark or a trademark which resembles too similar to it. In case it happens, then such registered proprietor has the right to issue objection and bring a legal action against such individual or entity.

  • TRANSFER OF TRADEMARK RIGHTS IN DEHRADUN, UTTARAKHAND

On successfully obtaining trademark registration, the registered proprietor/business entity holds sole rights to sell, transfer, assign, franchising and entering any commercial contract with respect to such rights.

  • REGISTRATION & RENEWAL OF TRADEMARK REGISTRATION IN DEHRADUN, UTTARAKHAND AT MINIMAL FEES

For the purpose of encouraging innovation & entrepreneurship, the Government of Dehradun, Uttarakhand has kept the fee related to registration and renewal of trademark as minimum as Rs. 4500 in case of small enterprises/sole proprietor/individual and Rs. 10,000 in other cases for registration which is valid for a period of 10 years.After this, the registered owner needs to renew trademark from time to time after expiry of validity period which is again at a minimal fee of Rs. 9000/- for 10 years. Thus, you can have a unique trademark at this minimal cost with its benefits.

  • BASIS FOR SEEKING GLOBAL PROTECTION

In case you intend to grow and expand your business on a global level, it is likely that you will require a trademark that enjoys global protection. However, unless you obtain trademark registration in Dehradun, Uttarakhand, you cannot apply for a global trademark and cannot enjoy rights available in pursuance of trademark registration.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION IN DEHRADUN, UTTARAKHAND

Following is the list of documents required for the purpose of trademark registration in Dehradun, Uttarakhand-

  • Name, address and contact details of the trademark applicant.
  • Details of the business such as name, goods/services offered, goods & services falling under trademark class, business objectives, business type, registered address of the entity
  • Duly filled and signed Form-48
  • Proof of Identification of the authorized signatory (Pan, Aadhaar, Passport etc.)
  • Proof of residence of the signatory authorized for tax purposes.
  • Proof of constitution of the business(MOA & AOA, LLP Deed, Partnership Deed)
  • Udyog Aadhaar/MSME registration certificate (optional)
  • Scanned copy of certificate of incorporation (in case of Company, LLP, Partnership firm etc.)
  • Business Logo if available

PROCESS OF TRADEMARK REGISTRATION IN DEHRADUN, UTTARAKHAND

The process of registration of a trademark in Dehradun, Uttarakhand is along comprehensive process facilitated by the trademark registry of Dehradun, Uttarakhand and involves various steps. Here is a step-by-step guide for the process of trademark registration-

STEP1 –CHOOSE A TRADE NAME AND CLASS

As the first step towards the trademark registration process in Dehradun, Uttarakhand, you will be required to choose a unique mark that has the potential to represent the quality of the goods or services offered. Further, such mark should have the capability to set the goods/services apart from other competitors in the relevant market.

After you choose a trade name with unique features, you will be required to choose the class of trademarks under which the goods/services may fall out of 45 classes of trademark. Classes 1-34 prescribe trademarks for goods manufacturing, whereas, class 35-45 provide for services.

STEP 2- SEARCH FOR MARK AVAILABILITY

Once you have selected a trade name, the next step is to confirm whether the name is neither too similar to any existing registered trademark in Dehradun, Uttarakhand nor has been taken already by someone else for registration purposes. To ensure such situation doesn’t come, it is always advisable to choose at least 2-3 trade/brand name, by checking on the trademark registry provided by the Controller general of patents, designs and trademarks.

The online portal for Controller General of patents, designs and trademark, allows a functionality to enter the proposed name with proposed class and click option to make public search. Once clicked, it will show all available trademarks under the proposed class. If there are no matching results for the proposed trademark, then you can go ahead with the same.

STEP 3- FILING OF TRADEMARK APPLICATION IN DEHRADUN, UTTARAKHAND

Next, you need to log on to the online portal of Controller of Patents, Designs and Trademarks and file the application prescribed for trademark registration in form TM-A through online mode. Such form could either be filed by the applicant on his own or through the assistance of any professional agent.

The form TM-A could be filed in two ways-

i. Filling application under any “one” class-

Where an applicant intends to deal in manufacturing of goods only or in offering services falling under one class only, then such applicant is required to file trademark application under “one class” only. In this case, you have to fill in form TM-A by payment of Rs. 4500 in case of online filling and Rs. 5000 for physical filling in case individual/start-up/small enterprises. However, for all other business entities, fee for online submission is Rs. 9000 and in case of physical filling it is 10,000 for each class and for each mark.

ii.Filling application for more than “one” class –

Similarly, where the applicant intends to file for registration of mark under multiple classes/series of trademark or for collective trademark, he/she needs to file form TM-A for which the applicable fee for individual/start-up/small enterprise is Rs. 4500 through online mode and in case of Rs. 5000 for offline submission. However, for all other business entities, fee for online submission is Rs. 9000 and in case of physical filling it is 10,000 for each class and for each mark.

Once TM-A is filed with all necessary information and uploads, the form should be submitted along with fee. However, it is important to file form with precision and care so as to ensure that there are no mistakes leading to rejection of the application.

STEP 4- REPLY TO ANY TRADEMARK OBJECTIONS IN DEHRADUN, UTTARAKHAND

On successful submission of the application, the examiner will go through the application and in case the examiner has doubts regarding the uniqueness of the trademark or the possibility of similarity with already registered trademarks in Dehradun, Uttarakhand, he will send a trademark objection notice seeking reply from the applicant for clarity of doubts which has to be replied within a period of 30 days along with sufficient explanation and proofs.

Till the submission of the reply to trademark objection is made, the status of trademark available on the trademark registry shall be shown as “Objected”. On receipt of reply to objection, the examiner will go through the drafted reply and on being satisfied, will allow the application to be advertised in the trademark journal.

However, if he is not satisfied with the reply to the objections made by him, he may seek additional reply with evidence/s or may schedule a trademark hearing which will be communicate by way of notice to the concerned applicant.

The process of examination of application, trademark objection, and submission of reply of objection typically takes around 2-4 months from the date of receipt of first objection. If the examiner is satisfied with the reply and further allows publication of application in the trademark journal, the chances of success of trademark application are higher.

STEP 5- COUNTERING TRADEMARK OPPOSITION IN DEHRADUN, UTTARAKHAND

After the advertisement of the application is published in the trademark journal, the application is open to opposition by any existing trademark in whose opinion the trademark proposed to be registered is too similar with any existing trademark and/or suggests relativity between such trademark with an intent to benefit from such existing and well-known trademarks in the relevant market.

On receipt of any trademark opposition from any trademark proprietor or business entity, the Registrar will thoroughly verify to check whether there is any actual similarity between the applicant’s trademark and the trademark of the opponent. If he finds any merit in the opposition posed by the opponent, the Registrar will forward a trademark opposition notice to the applicant seeking a counter-statement towards such opposition notice within a period of two months.

The applicant shall be required to draft a counter-statement along with adequate evidences explaining how the proposed trademark is distinct from the trademark of the opponent along with sufficient documents. On receipt of the reply of opposition by the Registrar of Trademarks, he/she shall go through the reply and on being satisfied that the proposed trademark is unique in nature and distinct from all existing trademarks, the Registrar may dismiss the opposition and allow the trademark to be advertised as “Registered” in the Trademark journal.

However, if the Registrar is not satisfied, he may call the applicant as well as the opponent for a hearing on a specified date .After the completion of hearing, the Registrar will examine validity of the application, either accepting trademark or denying it completely. The decision of Registrar of Trademarks is appealable and an application for appeal could be made to Intellectual Property Appellate Board within a period of three months from the date of allowing advertisement of trademark as a ”Registered Trademark” in the trademark journal.

TIME INVOLVED IN THE TRADEMARK REGISTRATION PROCESS IN DEHRADUN, UTTARAKHAND

The process of trademark registration in Dehradun, Uttarakhand is a long comprehensive process that takes around 18-24 months for completion of the registration process. Nevertheless, the applicant could receive a trademark application number within a period of 1-2 days after filling application.

RENEWAL OF TRADEMARK IN DEHRADUN, UTTARAKHAND

Once registered, a trademark is subject to a validity period of 10 years and could be renewed after the expiry of the validity period for a further period of 10 years by filling form TM-R along with the prescribed renewal fee before completion of the validity period. This process of further renewal shall continue to be going on till infinite period until cancelled voluntarily by the registered proprietor or business.

If the trademark validity period expires without timely renewal, the trademark shall become devoid of legal protection and available to be taken by any other proprietor or business.

CONCLUSION

Therefore, trademark is an important aspects of a business entity, as it establishes the brand in relevant market, creates awareness among consumers and in the long run establishes business goodwill, which is another important business asset for the entity/organization. However, the process of trademark registration is a lengthy process involving form filling, collection of documents, form submission, drafting objections and replies etc. which requires precision, so as to not to end up in rejection of the application. Therefore, it is always important to take assistance from any reliable source having years of experience in trademark registration in Dehradun, Uttarakhand which will lead to lesser costs, efficient drafting work and timely receipt of trademark registration in Dehradun, Uttarakhand for the smooth sail way for your business.