Chandigarh is the heart of Northern India. It is a flourishing hub for entrepreneurs and businessman. In this busy metropolis city, the identity of brand protection is significant, and trademark registration is a phenomenal way to achieve that security. In this article, we will explore the Trademark registration in Chandigarh, along with its process, costs, and documents required.
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Short Note on Trademark
A trademark is a unique word, brand name, symbol, pattern, design, logo, slogan, signature, or combination of colours. These are the elements, which is used to recognize and differentiate goods and services from one business to another. Trademark registration provides legal protection for brands and increases the goodwill in the market. It is significant for branding.
Here are certain features of trademarks, which includes:
- Protection: Trademarks can be registered with the appropriate government authorities to provide legal protection. This protection mainly provides the exclusive right to the owner of the mark and also prevents others from using a similar/ identical mark with cognate or allied nature of goods and services.
- Distinctiveness: A trademark must be unique and different as it helps customers to recognize and associate goods and services of particular brands.
- Branding: Trademark is a potential element, while strategizing marketing and branding of products.
- Renewable: Trademark rights can be renewed periodically, ensuring long-term protection for brands.
Documents required for registration of Trademark in Chandigarh
There are certain documents needed for the Trademark registration in Chandigarh:
- Form of Trademark Application: Form TM-A is the form for trademark registration. This form will have certain necessary details about the trademark, class of goods and services, the application, and the attorney/ agent (if any).
- Identity Proof: Applicant’s ID proof is required such as an Aadhar Card, PAN card, voter ID or passport.
- Proof of address: Must submit address proof for the applicant, which includes a rent agreement, utility bills, or Aadhar card.
- Power of Attorney: In this case, the application is going to be filed by an agent/ attorney. Then there will be the submission of power of attorney along with the application.
- Documents for prior user: In case the applicant is claiming for a prior user of the trademark before filing, then there will be a need for a user affidavit along with supporting documents as to which year the applicant is using.
- Trademark’s label/ logo: If the trademark includes a label/ logo, it should be submitted with the application itself.
Cost of Trademark registration in Chandigarh
Here is the general cost of trademark registration in Chandigarh:
- Filing Fees: The filing fee for a trademark application in a single class for an individual, sole proprietorships, small enterprises or a startup can be INR 4,500 per class. For other entities, the government trademark registration fee is INR 9,000 per class.
- For Each Additional Class: If you are registering your trademark in multiple classes (if your business spans different categories of goods/services). Then there is an additional fee for each class. The fees increase accordingly.
- Legal Fees: In case, you hire a trademark agent or attorney to guide the process of registration. There will be separate fees, which will depend on the case’s complexity and the nature of the services given.
- Government Fees: Furthermore, filing fees are for opposition proceedings, hearings, examination report replies, and registration including the government fees.
- Renewal Fees: In India, the Trademarks need to be renewed periodically. The renewal fees will be the cost of INR 9000.
Step-by-step procedure for registration of Trademark in Chandigarh
There is a step-by-step procedure for Trademark Registration in Chandigarh:
- Trademark Search: It is advisable to do a thorough trademark search. Make sure that your trademark is unique and doesn’t have any similarity/ identical to the existing one. One can do this by the official website of the IP India, which is public search.
- Application filing: One can apply online through the official website of IP India, which is known for the e-filing of trademarks.
- Examination by the Trademark Office: After applying, it undergoes an examination by the Trademark Office. They will check for any conflicts with existing trademarks and whether the application meets the requirements or not. If there are any issues, you may need to make amendments or respond to objections.
- Publication in the Trademark Journal: If your application passes the examination stage, it will be published in the Trademark Journal. This will allow the public to raise an opposition to your trademark if they believe it conflicts with their interests.
- Opposition Period: Once advertised, the window will be open for four months to oppose the trademark registration. In case there are no objections during this period, your trademark will proceed to registration.
- Registration Certification: If there is no opposition raised by a third party, or resolved in your favour, then the trademark will be registered. The Registrar of Trademarks will issue a registration certificate, and your trademark is now protected under the Trade Marks Act, 1999.
Final Words
In Chandigarh, Trademark registration is a vital process for entrepreneurs, who are looking to protect their brand recognition and attain IP rights. Knowing about the trademark application process, the costs associated with it, and the required documents is a necessary step to move towards securing the brand in the market. It not only helps in securing protection but also makes a different place in the market trade, and high goodwill in the eyes of the general public. The trademark registration in Chandigarh is a strategic necessity and potential asset for the business.
