The Trademark is a vital part of intellectual property[1] which is referred to as a logo, tagline, name, design, or a combination of all, etc. Protecting an emerging trademark is utterly vital for any organization. Trademark infringement of popular marks and logos has become quite prevalent in the past few years. Such acts have not only caused massive monetary damage to companies but also dented their credibility. If you want better protection for your valuable IP assets, you must secure trademark registration as soon as possible. Read on to explore the process and paperwork concerning trademark registration in Jaipur.
What is a Trademark and its Significance?
Before we unveil the legalities around trademark registration in Jaipur, let’s dive into some basics first. According to the Trademark Act, a trademark refers to a sign, expression, or design that imparts a distinctive identity to any product or service. Trademarks make products or services recognizable in the given market.
Trademark primarily acts as a source identifier for the company. A recognizable trademark on a product or service can be easily identified by the end-users, thereby helping the company extends its footprint.
The trademark owner can be a person, company, or legal firm. A trademark can be affixed to the label, a package, a voucher, or the product. Trademarks that help services gain identity in the given market are known as service marks.
Currently, there are 45 classes of trademarks that are registerable under the Trademark Act.
The trade registration in Jaipur or any place else grants exclusive rights that empower owners to sue any third party found guilty of infringing the mark.
Documents Required To Apply For Trademark Registration in Jaipur
Listed below are the mandatory documents required to apply for trademark registration:
- Copy of Logo, if available
- Signed Form-48.
- Incorporation Certificate or Partnership Deed- Based on the legal structure.
- Udyog Aadhar Registration Certificate.
- Identity Proof relating to the Signatory.
- Address Proof of Signatory.
Steps To Secure Trademark Registration in Jaipur
Listed below is the detailed procedure for securing trademark registration in Jaipur. Pay close to each step to avert any chance of being revoked by the trademark registrar.
Step 1: Perform the Trademark Search
The journey of trademark registration starts with a mark identification and its legal checks. The applicant can approach the IP India portal to check whether the proposed mark adheres to the legal protection or not. The whole process will take around a minute or so to complete. The portal will also check the proposed mark for any offensive elements that hinder religious belief or the constituency structure of the nation.
Step 2: File Trademark Application
If the proposed mark or logo passes the first stage, it’s time to file an application with the Registrar of the trademark. Form-TM-1 is used for registration purposes. The said form is available on the portal and can be filed online. Some common documents such as business details, proposed mark photos, and so on are required to be uploaded during online filing.
Step 3: Application Scrutiny
Application vetting is the third and the most important step in which the proposed mark or logo undergoes a mandatory legal check to determine whether it complies with the prevailing Act or not. This is also the stage where the proposed mark or design is checked in view of the Vienna codification. This process usually takes 3-5 days to complete.
Step 4: Non-Conformity and Resolution, If Any
If the registrar identifies any non-conformity concerning the proposed mark, he will share the same with the applicant via registered contact details. The applicant must respond accordingly in the prescribed timeline.
Step 5: Trademark Publication in the Trademark Journal
Once the proposed mark clears the preceding step, the registrar will publish the mark in the trademark journal to invite objection from the general public. If the proposed mark remains unopposed during the publication phase, the final proceeding will come into effect. However, if any third party raises an objection, a fair hearing shall be convened by the registrar where each party will present their case to overcome the dispute.
Step 6: Grant of Registration
Upon clearing the aforesaid steps, the final stage will come into effect where the registrar will stamp his final approval and accordingly grant the trademark registration.
Conclusion
Trademark registration in Jaipur revolves around various compliance and is a time-consuming process. Depending on the complexity of the mark, the registrar may take weeks or even months to process the application. Being accurate and patient is the key here. In case you have time management issues, you can also take help from experts in intellectual property who knows what it takes to secure valuable IP assets.
Read Our Article: How Can You Apply For Online Trademark Registration In India?
