How to Apply for Trademark Registration for Heritage Hotels?

Basically, heritage hotels are the properties that originally were the palaces, forts, and chateau of the earlier royal families. They were established by the royals in the form of their residence. These establishments, from hundreds of years ago, have been known for their impeccable royal hospitality. After independence, the maintenance of such properties became very difficult; as a result, the idea of heritage hotels arose. Here in this blog, we’ll talk about how to apply for Trademark Registration for heritage hotels.

What is a Trademark?

A Trademark is an exclusive right of the owner which can be obtained after receiving the Trademark Registration Certificate, and the mark comprises a brand, label, device, ticket name, word, signature, etc. Trademark is also capable of being represented graphically, which is capable of differentiating the products & services of one individual from those of others.

Who Governs the Process of Trademark Registration for Heritage Hotels?

The process of Trademark Registration for Heritage Hotels in India is governed by the Controller General of Patents, Designs & Trademarks, Ministry of Commerce & Industry, and Government of India. Trademarks are registered under the Trade Mark Act, 1999^[1]. The registered Trademarks are the IP of the owner, and they are used to safeguard the rights of the company’s investment in the symbol, name, logo, or brand.

Why is it Necessary to obtain Trademark Registration for Heritage Hotels?

1. Registration of Trademark can be used as a prima facie;
2. Advertising the products & services to the public at large;
3. Trademark Registration gives protection to the owner’s reputation, ideas, and company as well as protection for the use of deceptive marks;
4. Making a picture for your business or company that aids you to showcase your items and administrations to customers;
5. Broadening your opposing revenue in the international market and increasing the market worth of your business;
6. When a business or a company is thinking about growing their brand in various locations & franchising, it aids to increase their profits;
7. Trademarking the name or mark of the heritage hotels makes a unique and new brand, which will improve customer mindfulness and pull in new benefactors;
8. Assignable rights which are not obtainable in case of unregistered Trademarks;
9. Improving the market value of a company by generating income avenues that can involve commercialisation, licensing, and sales.

Prerequisites of a Trademark Registration for Heritage Hotels

Following are some prerequisites that must be considered while applying for Trademark Registration for heritage hotels:

1. The mark should be an invented logo or word;
2. The mark should be unique in nature from other Trademarks;
3. The mark shouldn’t belong to the class of marks prohibited for Trademark Registration;
4. The mark should be competent of being represented graphically.

Any person who intends to claim the rights in a Trademark can use the symbol TM after the Trademark. Once the individual or person gets its Trademark registered, then the individual can use the ® symbol after the Trademark so as to inform the potential infringers that the particular mark, logo, symbol, or word is being claimed as a Trademark.

Documents Required for Trademark Registration for Heritage Hotels

Following are some vital documents required for Trademark Registration for heritage hotels:

1. Submit any applicant’s identity proof such as Aadhar Card, Voter’s ID, Driving Licensing, Passport, etc.;
2. Submit address proof and PAN card of the applicant;
3. Submit the logo or brand name (optional);
4. User Affidavit;
5. Submit duly signed Form TM-48;
6. Submit Incorporation Certificate or Partnership Deed;
7. Any proof of Trademark use.

How Can You Register Trademarks for Hotels under Class 43?

Typically, Trademarks are registered under various classes & each class represents different types of products and services which are accepted internationally. The Trademark Class for hotels & restaurants is Trademark Class 43, which comprises various services related to this Trademark Class.

In India, Trademark Class 43 means a class of Trademark which represents services for providing driving, food & temporary accommodation and comprises services offered by those who prepare foods & drinks, provide bed & board in hotels, catering services for events & functions, renting of furniture, temporary office, reservation services for travellers accommodation via travel agencies and brokers & boarding of animals.

Although it is not compulsory for hotels to register under Trademark Class 43, if the Trademark is registered, it will be an added benefit for the business to grow their revenue and safeguard them from their competitors & will increase the client base.

Procedure for Trademark Registration for Heritage Hotels in India

Following is the procedure for Trademark Registration for Heritage Hotels in India:

Step 1: Trademark Search: The first and most vital step is to conduct a detailed Trademark Search to determine or find out if there is an identical mark that already exists on the Trademark Register.

Step 2: Filing of Trademark Application: After the above step, then you can file the application form for Trademark Registration, provided that the rights holder has issued a signed POA (Power of Attorney) naming them as the Trademark agent. The Trademark agent will fill in the required details.

Step 3: Examination of Trademark Application: After filing the Trademark application, the Trademark examiner will review the application and thereafter gives an application number to the applications. If the Trademark is properly registered, then the Trademark application number becomes the registration number. The Government can raise objections also if the mark or brand name is identical to any other Trademark in a similar class or it hurts the sentiment of any religion or the general public at large.

The applicant must reply to the objections that have been raised in a time-bound manner. If there is no objection, the Registration of Trademark will publish an advertisement in the Journal of Trademark; if no objection is filed by any party within a time period of four months, then the Trademark should be successfully registered within six months. In case the Trademark application is rejected, the applicant approaches the IPAB to appeal the order of the Trademark Registrar.

Step 4: Issuance of Trademark Certificate: If the Trademark is not opposed by the 3^rd party, then it will proceed further, and the Registrar will accordingly issue a Registration Certificate.

Conclusion

Registration of a Trademark in India is based on the principle of first comes first. Choosing a Trademark Agent in India is highly recommended, and a Trademark application can only be filed under the Trademark Law in India. If the owner of the right has a hotel or a business place, then they will need to file through an agent or attorney.

Read our Article:What are the Vital Clauses in Trademark Licensing Agreement?