Trademark Registration in Jaipur
A trademark is a symbol or word used to represent a business or its products. It is like a symbol that could be in the form of either word, a signature, a device, or a label or a combination of colours. And when it comes to trademark registration in Jaipur, it gives exclusive rights to the person or organization who owns it. The main objective of Online trademark registration is to indicate to the purchasing public that we are the manufacturers or otherwise to indicate that we deal with similar products/services.
Trademark Registration is like having authority over your logo or a set of words that tells the purchasing public about ‘you’. And we at Alonika provide the best Online trademark registration in Jaipur to help you stand out from the same products or services of similar interests.
Get your trademark filed in simple steps with us.
- Fill the query form
- Our team will coordinate with you and ask for required details and documents
- Based on details provided our team will do the trademark search and classification assistance
- Our experts will prepare the relevant document and drafts
- Documents and drafts will be shared for verification and confirmation
- Filing after your confirmation
- Get the acknowledgement copy in your inbox
A trademark is a public identity for any product or goods or service offered by any organization. A trademark is a visual symbol that can be a word, name, number, label, colour combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses.
Every company uses a Trademark or Brand Name or Logo or Tag Lines to represent itself in the market and such marks becomes so popular that people ask for the product with the brand name itself, biggest example for this is “BISLERY” which is used to refer packaged drinking water bottle or “COLGATE” which is used to refer toothpaste by a very big segment of people.
Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business; they are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register its chosen Trademark as it will act as a unique symbol for the products and services offered and people will recognize and remember the product or service with a brand name instead the name of supplier or producer or manufacturer.
While selecting a brand name, a general perception in the mind is that brand name should be connected or should refer the product or service associated with the mark. Our simple suggestion is selecting and getting a brand name registered should be the primary focused area as once a brand name is registered trademark you are free to invest and work on it to make it famous. There are many examples to justify that a brand name not connected with product or service are famous and successful in the market by their business strategies. Take an example of “JIO” the brand name does not reflects any relation with any particular service or product.
Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be regularly renewed, by filing a trademark renewal application.
Our team of experienced lawyers is ready to help you in getting your trademark registration. You just need to provide the required documents and details, rest leave on us and start using “TM” very same day.
Documents Required For Trademark Registration in Jaipur for Individual Applicant / Proprietor
- Government-issued I’d such as Aadhar Card.
- Name and Address of the applicant
- Brand name
- Details of Goods or Services
- Using Date details and supporting
- Email id and Mobile No
Documents Required For Trademark Registration in Jaipur for Company / Partnership / LLP/ Society / Trust / NGO etc.
- Brand name
- Products / Goods / Services details.
- Using Date details and supporting.
- Registration Certificate / Incorporation Certificate.
- KYC of the authorized person as per the resolution.
- Certificate of registration under MSME (if registered).
- Certificate of registration under Startup (if registered).
- KYC of all the Directors / Partners / Members / Trustees.
- Email id and Mobile No
- Trademark Search Report
- Goods and Services classification assistance
- Trademark application drafting
- Documents drafting (POA and User date affidavit)
- Filing of Trademark application
- Time to time status updates on the Trademark application
Advantages of Trademark Registration in Jaipur
Excellent Business Opportunity
A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
A registered trademark owner has the legal right in case of infringement i.e. you have a doubt that your trademark is copied by someone else, and then you can sue them for copying your logo, brand, name, or slogan.
Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.
Creation of intangible asset
The trademark can be a valuable asset in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is intellectual property for the organization.
Filing a trademark assures the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can ask for legal protection upon the act and even sue the person or the company who made a false usage of the trademark.
The proprietor of a registered trademark will be able to have exclusive rights over the trademark. Any brand name which is already registered should not be applied by others for similar products that fall under the same classes. Having exclusive rights on the Brand Name also allows the owner to stop any kind of illegal and un-authorized use.
Applying the registered symbol
The company can use the registered symbol (TM) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person.
Trademarking assists consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
Promotes Goods and Services
Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of companies get their identity by trademark so it plays a crucial role in promoting and enhancing the brand value.
Protect the Commercial Goodwill
A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.
Government Fee for Trademark
|In case the applicant is an Individual/Proprietor, Registered MSME, Registered Startup||4500/- each trademark each class|
|In any other Case||9000/- each trademark each class|
How Alonika.in follow the Trademark Registration Process?
Trademark registration process in Jaipur is not simple; it includes many things and understanding to file and get a trademark registered. Our team of the best Trademark Consultants in India has simplified the trademark registration process in Jaipur and the steps are as follows:
Step 1: Trademark Search
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.
Step 2: Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can share all the relevant required documents and details (list given above) for trademark registration.
Step 3: Trademark Application Filing
Once you have provided all the documents, our team will proceed to verify them. Then the trademark application form and required documents “Power of attorney”(TM 48), User Date Affidavit and any other required document will be filled and prepared on your behalf, and submitted along with the documents. Our team will ensure that your application is accurate and error-free for which we do share draft application and documents for verification.
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.
Why choose Alonika.in for trademark registration?
Here is why you should choose Alonika.in for Trademark Registration in Jaipur:
- Highly qualified professionals and industry experts
- Trademark search is done with an analytical process
- Our team is experienced and well versed
- An absolutely Hassle-free process
- Our experts will help you in the selection of the appropriate Trademark Class
- Keeps a Trademark Watch
- Status updates on your trademark application
- Affordable and Transparent
Alonika known as Trademark registration online in Jaipur will glorify your product with an exquisite trademark that makes it superior to all other products. We provide Trademark registration online service in Jaipur that is highly competent when it comes to all the lawful needs that are very prominent and in the right direction for Trademark registration in Jaipur.
Frequently Asked Questions
Is Trademark Search important?
What is Trademark Classification?
Can a Trademark be filed in many classes?
Does Trademark Registration provides monopoly in a trademark class?
Who can file a Trademark?
Who should be appointed for Trademark filing?
I have a Registered trademark in a class can I use priority claim in other class?
Products / Services falling in multiple class, should it be filed for all the relevant classes or should be filed in a particular class?
Trademark remains valid for life long?
Can an expired Trademark be renewed or restored?
Any person is using similar Trademark, is there any option available?
I am selling garments online, which class of trademark I should apply?
Is the Registration Certificate generated online valid for Legal purpose or filing trademarks abroad?
What should be filed first Word mark or Device Mark?
- Uttam Chemical Udhyog v Shri Rishi Lal Gupta trading as Rishi Soap Works, 1981 PTC 137(Del).
- Registrar of Trade marks v Ashok Chandra Rakhit Ltd. AIR 1955 SC 558 : (1955) 2 SCR 252.
- Three-N-Products Pvt Ltd v Emami Limited, 2009 (41) PTC 689 (Cal).
What is trademark registration?
How to get Trademark registration?
How much it cost to get a trademark registration?
What is trademark Infringement?
Is a trademark registration valid for all types of goods and services?
What is the validity of trademark registration?
Documents and details required for trademark registration in India?
- Some common details for every type of applicant is as follow:
- Brand name
- Product details
- Using Date details
- Registration / Incorporation certificate of firm
- For Individuals / Proprietor:
- Government issued I’d.
- For Company / Partnership / LLP/ Society / Trust / NGO etc.
- Resolution Passed in meeting.
- KYC of authorized person as per resolution.
- Certificate of registration under MSME (if registered).
- Certificate of registration under Startup (if registered).
- KYC of all the Directors / Partners / Members / Trustee.
I have a registered company for my company name do I still need trademark registration?
When I can use symbol R or TM?
Will my trademark registration be valid worldwide?
What is trademark objection?
Why is Trademark status shown as Formality Check Fail?
Trademark application status shown as “SENT BACK TO EDP”
What does it mean when my trademark status shown as “MARKED FOR EXAM”
What does it mean when my trademark status shown as “OPPOSED”
What if my Trademark is taken but in different Trademark class
What is Trademark assignment?
- Complete Assignment to another entity- The owner transfers all its rights with respect to a mark to another entity, including the transfer of the rights such as right to further transfer, to earn royalties, etc. (E.g. X, the proprietor of a brand, sells his mark completely through an agreement to Y. After this X does not retain any rights with respect to the brand)
- Assignment to another entity but with respect to only some of the goods/ services- The transfer of ownership is restricted to specific products or services only. (E.g. P, the proprietor of a brand used for jams and jellies and dairy products. P assigns the rights in the brand with respect to only dairy products to Q and retains the rights in the brand with respect to jams and jellies.) This is called partial assignment.
- Assignment with goodwill- Such assignment is where the rights and value of a trademark as associated with the product is also transferred to another entity.(E.g. P, the proprietor of a brand \"Shudh\" relating to dairy products, sells his brand to Q such that Q will be able to use the brand \"Shudh\" with respect to dairy products as well as any other products it manufactures.)
- Assignment without goodwill- Such assignment also referred to as gross assignment, is where the owner of the brand restricts the right of the buyer and does not allow him to use such brand for the products being used by the original owner. Thus, the goodwill attached to such brand with respect to the product already being sold under such brand, is not transferred to the buyer. (E.g. P, the proprietor of a brand \"Shudh\" relating to dairy products, sells his brand to Q such that Q will not be able to use the mark \"Shudh\" with respect to dairy products but can use this brand for any other products being manufactured by it. In such case the goodwill which is associated with brand \"Shudh\" for dairy products is not transferred to Q and Q will be required to create distinct goodwill of brand \"Shudh\" for any other product or service like Restaurant wherein Q proposes to use this brand.). In many jurisdictions like United States, assignment of mark without goodwill is not allowed at all. India on the other hand allows assignment without goodwill.
- Restriction on assignment that results in the creation of exclusive rights in more than one persons with respect to the same goods or services, or for same description of goods or services or such goods or services as associated with each other.
- Restriction on assignment that results in different people using the trademark in different parts of the country simultaneously.
What is Trademark Licensing?
What is Trademark Rectification or Cancellation?
Grounds for Trademark Rectification in IndiaSection 57 of the Indian Trade Marks Act, 1999 (hereinafter referred to as \"Act\") provides for the grounds for Rectification of the Register:
- Clauses (1) and (2) of Section 57 of the Act provides that when any person aggrieved of any entry in the Register of Trade Marks makes an application to the Appellate Board or to the Registrar, the Tribunal may take such steps for cancellation or variation of the registration of the trade mark on the ground of any contravention or failure to observe a condition. The right to file an application for rectification under Section 57 is a statutory right conferred upon a party who is aggrieved by an entry made in the Register. The said right is circumscribed by certain requirements such as:
- Contravention or failure to observe a condition entered in the Register in relation to the registration of the mark; (Section 57(1)).
- The Register suffers from the absence or omission of an entry e.g. a disclaimer, a condition or a limitation on the registered mark; (Section 57(2)).
- The entry made in the Register was made without any sufficient cause i.e. registration was obtained by fraud or misrepresentation of facts or the mark registered was similar to an already registered mark, etc. (Section 57(2)).
- Error or defect in any entry made in the Register (Section 57(2)).
- The entered mark was wrongly remaining on the Register i.e. it is contrary to some of the provisions of the Act or is likely to cause confusion amongst the public and trade; e.g. The mark is in contravention of Sections 9 and 11 of the Act (Section 57(2)).
- The renewal fee has not been paid.
- Clause (4) of Section 57 provides that the Tribunal i.e. the Registrar or the Appellate Board, after giving a notice as well as an opportunity of being heard to the concerned parties, may either cancel, vary, make or remove the entry in question.
- Under Section 31(1) of the Act the original registration of the trade mark shall be prima facie evidence of the validity of the mark in all legal proceedings relating to a trade mark (including in an application under section 57)
- An application for rectification of a registered trade mark is required to be filed before the same Trade Marks Registry where the application for its registration was filed. The procedure before the Registrar is prescribed under Rules 97 to 100 of the Trade Marks Rules, 2002. An application under Section 57 is to be made in duplicate on Form TM-O (in the case of a collective mark or a certification mark). The application is to be accompanied by a statement of case, setting out the nature of the Applicant\'s interest, facts upon which the case is based and the relief that is sought.
- Although the Registrar of Trademarks is empowered to hear rectification petitions against registered trademarks, in cases where an infringement suit is pending before a civil court and where the defendant in the suit is contesting the validity of the plaintiff\'s trade mark, the power to hear applications for rectification of such trademarks vests only with IPAB and not with the Registrar.
Trademark classes and their Classification in India?
Classification of goods
- In the case of finished goods, it is classified according to it’s purpose or function. If the function is not mentioned, then the user can classify it by analogy with other comparable finished products (mentioned in the alphabetical list). And even if this is not possible, then an applicant can classify on the basis of the material of which the product is made or it’s mode of operation.
- In the case of multi-purpose finished goods, it could be classified on the basis of any of it’s functions. If the function is not mentioned, then it could be classified on the basis of the material of which the product is made or it’s mode of operation.
- In the case of raw materials, whether unworked/semi-worked, they are classified on the basis of the material they consist of.
- In case a product is made using different materials, then it is classified on the basis of the material that predominates.
- Any good that forms part of another product is in principle classified in the same class as that product only when the same type of goods cannot normally be used for another purpose. In any other case, the first point mentioned above applies.
Classification of services
- The principal basis on which the services are classified is according to the branches of activities specified in the headings of the service classes and in their explanatory notes. And if this is not the case, then this is done using other services mentioned in the Alphabetical List.
- In the case of any rental services, the classification is in the same class as the ‘services provided by means of rented objects’.
- Any service that provides advice, information, or consultation is classified in the same class as in the case of matter of the advice, information, or consultation.
|Classes||Category of trademarks|
|Class 1||Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.|
|Class 2||Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants|
|Class 3||Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics|
|Class 4||All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.|
|Class 5||Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.|
|Class 6||Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes, and other small metal hardware, also ones are included|
|Class 7||Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs), and agriculture machines (hand-operated not included).|
|Class 8||Hand tools, cutlery, razors, and sidearms.|
|Class 9||Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.|
|Class 10||Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.|
|Class 11||Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.|
|Class 12||Vehicles and apparatus for locomotion (in/by land, air or water)|
|Class 13||Fireworks, Firearms, Explosives, and ammunition (also projectiles).|
|Class 14||Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.|
|Class 15||Any Musical Instrument|
|Class 16||Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paintbrushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.|
|Class 17||Rubber, mica, gutta-percha, asbestos, gum, and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).|
|Class 18||Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins, and traveling bags; parasols, umbrellas, and walking sticks also harness and whips.|
|Class 19||Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.|
|Class 20||Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.|
|Class 21||Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.|
|Class 22||“Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).|
|Class 23||Threads and Yarns (textile use).|
|Class 24||Textile and their goods; bed covers and table covers.|
|Class 25||Footwear, clothing, and headgear.|
|Class 26||Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.|
|Class 27||Mats, rugs, carpets and matting, linoleum, and other similar materials used for covering existing floors and also wall-hangings which are non-textile|
|Class 28||Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.|
|Class 29||Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk, and its products, oil (edible).|
|Class 30||“Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.|
|Class 31||Products from agriculture, forest and horticulture, and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals|
|Class 32||Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.|
|Class 33||Alcoholic drinks (excluding beers).|
|Class 34||Smoking articles, Tobacco, and matches.|
|Class 35||Business Management; advertising; business administration and other office functions.|
|Class 36||Financial affairs, Insurance; Monetary affairs; real estate affairs.|
|Class 37||Repair, Building construction, Installation Services.|
|Class 39||Packaging and storage of goods; Transport.|
|Class 40||Treatment of Materials.|
|Class 41||Providing training; Entertainment; sporting; Education and other cultural activities.|
|Class 42||Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their design.|
|Class 43||Services related to providing drinks and food or temporary accommodation.|
|Class 44||Any kind of Medical services (including Veterinary, hygienic, and beauty services) both for humans and animals; horticulture, agriculture, and forest services.|
|Class 45||Legal and security services; personal and social services.|