A trademark is any mark, logo, name, symbol, letter, figure, word, used by any individual or the company in order to uniquely identify its goods or services from those manufactured or sold by others. Hence, the customers must be capable of distinguishing one’s goods or services from others. Trademark registration in Rajasthan is governed by the provisions under Trade Marks Act, 1999. Trademark registration is important as it is legally authorised by the government in order to provide the exclusive rights to the owner for branding, selling, manufacturing and using of the products and services.
Importance of Online Trademark Registration in Rajasthan
Rajasthan, in terms of area, is the largest state of India sharing borders with Punjab, Haryana, Uttar Pradesh, Madhya Pradesh and Gujarat. The main Industries in Rajasthan includes prime industries like cement, Auto components, ball bearings, sugar, chemicals, dyes, textile, woolen products, rugs, vegetable oil like mustard and soybean, etc. Heavy industries in the state of Rajasthan comprise of sectors like copper / zinc smelting along with manufacturing of railway rolling stock. The key business strength of Rajasthan comprise of mineral based industries, tourism, textile, gems and jewellery. Rajasthan enjoys the position of leading producer of commodities like cement, metals like copper, zinc, lead, etc. It is the largest producer of stones and marble in the country with its deep mined across the state. Hence, due to above such reasons the important of Online Trademark Registration in Rajasthan manifolds.
Who are eligible to apply for Online Trademark Registration in Rajasthan?
The Below-mentioned entities are eligible for trademark application in Rajasthan
- Private firms,
- Individuals,
- Companies,
- Limited Liability Partnership or NGOs.
Note- In the case of Companies, Non-Profit Organizations, LLP’s, the trademark application has to be filed in the name of the concerned business
Benefits of Online Trademark Registration in Rajasthan
Following are some benefits of Trademark Registration in India
- Differentiating Products
Trademark Registrations are unique to the products or goods they represent. Registration will enable the differentiation of your product against the product of your competitors in the same marketplace. Since the Trademark registration will be valid for the entire class of products or services represented, it will help uniquely identify your products. Customers recognise products carrying different Trademarks, creating a client base for your products or goods.
- Trademark Recognition
Trademark Registration is valid for 10 years in India from the filing date of the Trademark application. However, after ten years owner can renew it also. If you desire to use your Trademark outside India, then you need approval or Trademark Registration in the respective countries where you want to use the Trademark. In such instances, your Trademark Registration and business in India performs as a foundation to get registrations in other countries.
- Expand Business
With a unique Trademark, you can build a solid customer base, and your Trademark helps you in expanding your client base. Registration grants exclusive rights of use for ten years and safeguards your business profits. Business enterprises can leverage the advantages of a client base by introducing new products and expand their business.
- Brand Recognition
Customers are connecting a product’s quality, features, and so on with the company making such products. They know the product generally by the logo, which would be registered Trademark. Registration of Trademark provides brand recognition for your products and services. It also generates goodwill associated with the brand. Hence, your brand is identified as well as carries a market value.
- Legal Protection
Trademark is the part of Intellectual Property, and they are protected from infringement. Trademark Registration also provides an exclusive right to use the Trademark regarding the “Class” of products or services it represents. Once you file the application, the Symbol “TM” can be used with your products, and the Symbol “R” can be used only after getting Trademark Registration Certificate. In case of any Trademark Infringement, you can sue anyone how tries to copy, sell, or distribute your registered Trademark without any proper permission from the actual owner.
Documents Requirement for Online Trademark Registration in Rajasthan
- Details like Name, Nationality & Address of the applicant.
- The incorporation certificate in case of company or LLP.
- In the case of the company which is eligible for the lower filing fee, can refer Udyog Aadhar Registration.
- A detailed description of goods or services represented by the Trade mark.
- Trademark application requires a trademark Class (out of total 45 trademark classes) to be mentioned, but one can also file multi-class (Class 99) Trademark application.
- The power of attorney in Form TM-48 Format (Form of Authorization of an agent) should be signed by the applicant.
Procedure for Filing the Trademark Registration in Rajasthan
- Step-1-Search For Mark Availability (TM Search)
Before applying for Trademark registration, it is advisable for an applicant to search (to check whether the trademark is unique or similar to the registered mark.
For the same, an applicant can go on the MCA website and can search the respective mark by doing a public search. Additionally, all you need to do is to choose your class and search the online database
- Step-2-Selecting A Unique Trademark (Class)
Before filing for a trademark application, an applicant must choose a unique and distinctive mark that must be different from registered ones.
Secondly, it is important to identify to which class an applicant belongs to. At present, there are 45 classes of goods and services under which the trademark can be registered.
Note-Classes 1-34 are for goods and classes 35-45 are for service.
- Step-3-Filing The Trademark Application
While filing the trademark application, an applicant can file for a trademark under “one” class i.e. Trademark registration can be done only for the specific class that an applicant has chosen. For that, you have to fill in Form TM-1.
The Second option is to file for multiple classes or series trademark, or collective trademark. For the same, an applicant has to fill in Form TM-A This form allows you to register the trademark beyond one class. For filing the application, user has to register for logging in. If the user is already registered he can log in using the existing User ID and Password.
- Step-4-Payment Of Requisite Fee
The fee payable for the filing of form TM-1 is rupees 3,500.
For Form, TM-A-The fee for filing Form TM-A is classified into 2 structures-- Rupees 9,000 – If an applicant is not a start-up, small enterprise, or an individual an applicant will have to pay Rs 9,000 for e-filing of the form or Rs 10,000, if an applicant files the form physically.
- Rupees 4,500 – If an applicant is an individual, small enterprise, or a start-up then an applicant will fall under this fee structure and Rs 4,500 is the charge for e-filing of the form or Rs 5,000 if you file the form physically.
An applicant shall take into consideration all the factors that are necessary before filing the Trademark application. A single mistake may lead to the rejection of the application.
- Step-5-Submission Of Trademark Application
An applicant can submit the application on its own or by an agent. In case of Online Submission, confirmation of submission will be done immediately. However, in the case of physical submission, it may take to 15-20 days.
- Step-6-Examination By The Registrar
Once the application is submitted, the Registrar will verify whether an applicant has followed the requisite criteria i.e., the mark name complies with, the existing law.
- Step-7-Reply To Examination Board In Case Of Discrepancies
While examining the application, the authority can raise objections or ask for further clarification. For the same, the applicant needs to be careful while replying the query and the response must be supported by legal interpretation and reliable judicial decisions.
- Step 8: Publication Of Mark In Indian Trademark Journals
Once the examination is done by the Registrar; the Registrar will publish the applied brand name in the Indian Trademark Journal. After publishing the mark, there should not be any opposition within 3-4 months in some cases, from the date of publication. If no inquiry is raised, then the proceeding is initiated towards the acceptance.
- Step 8- Issuance Of Certificate
If no opposition is raised within the stipulated period of 90 days, the Registrar will accept the trademark application. The Registrar issues the Registration Certificate with the Trademark Registry seal.
Conclusion
Trademark registration in Rajasthan is beneficial if you wish that your brand or product is recognized and the trademark registration procedure is also simplified by online filing. It is a mark of uniqueness which contributes significantly towards building your brand image. Therefore, register your trademark today.
