An Overview of Trademark Registration in Jammu & Kashmir

Jammu and Kashmir is full of craftsmen & artists, a vast number of populations in Jammu & Kashmir are engaged in setting up their own industry for manufacturing products or goods, and it makes an easy way for establishing Trademark Office in Jammu & Kashmir. As this state has no Trademark Office and the Government has given the responsibility to the Delhi office for maintaining Trademark Registration in Jammu & Kashmir and another northern part of the country.

A Trademark is a phrase, word, name, slogan, or letter that gives a unique identity to the products & services of a particular company or business so that it can be differentiated easily in the presence of other identical products in the market. To help the efficient artists, craftsmen of Jammu & Kashmir, we provide you with an online service for Trademark Registration in Jammu & Kashmir; you can take help from us, and our team of experts will help you in providing this service.

Who can Apply for Trademark Registration in Jammu & Kashmir?

Any company or individual can apply for Trademark Registration in Jammu & Kashmir to safeguard their goods/services. The Trademark application for Trademark Registration in Jammu & Kashmir has to be filed mentioning the name & address of the Trademark owner or applicant along with the agent & Power of Attorney.

Following entities are eligible for Trademark Registration in Jammu & Kashmir:

1. Partnership Firm;
2. Indian Company;
3. Foreign Company;
4. Proprietorship Firm;
5. LLP or Limited Liability Partnership;
6. Society or Trust;
7. An individual or a person.

What are the Benefits/advantages of Trademark Registration in Jammu & Kashmir?

Following are the benefits or advantages of Trademark Registration in Jammu & Kashmir:

1. Exclusive Rights: The owner of a registered Trademark has the advantage of selective right over the Trademark. The owner can use the same for every one of the products that come under the classes submitted in the Trademark application. Further, the owner can enjoy the sole responsibility for the Trademark and can prevent others from the unapproved usage of the Trademark under an identical class where it is registered.
2. Differentiates Product: It makes it simple for customers to determine your goals. It makes your products or services unique. The logo can convey your quality, vision, or one of a kind attribute for your company and any organisation.
3. Asset Creation: Enlistment of Trademark makes an IP for a company or organisation. An enrolled Trademark is an opportunity made which can be assigned, franchised, economically contracted, or sold. Additionally, the Trademark is an invisible asset that gives the preferred advantage to the company or organisation.
4. Protects against Trademark Infringement: No one can use the registered Trademark without taking approval from the original Trademark owner. If anyone uses the registered Trademark without the permission of the Trademark owner or make any misleading utilisation of the same, the owner can get the action under the Act and stop the individual or a person doing as such.
5. Builds Trust and Goodwill: The trustworthy excellence of your products & services is known by everybody through the Trademark, which builds trust & goodwill among the customers in the market. It helps in making trustworthy and loyal customers who will dependably choose the same brand.

Vital Documents for Trademark Registration in Jammu & Kashmir

Documents Required for the Trademark Registration in Jammu & Kashmir:

• Documents for Individuals and Sole Proprietorship:

1. Submit a copy of logo or mark (Optional);
2. Submit duly signed Form-48 (This form is an approval from the applicant of an attorney for filing application for Trademark Registration on their behalf);
3. Identity and address proof of the individual or proprietor.

• Documents for LLP/Partnership/Company:

1. Submit a copy of logo or mark (Optional);
2. Submit duly signed Form-48 (This form is an approval from the applicant of an attorney for filing application for Trademark Registration on their behalf);
3. Udyog Aadhar Registration Certificate;
4. Identity and address proof of the signatory;
5. Submit Incorporation Certificate or Partnership Deed in case of a company or Partnership Firm, respectively.

• Other Applicants:

1. Copy of logo or mark (optional);
2. Signed Form-48;
3. Submit Incorporation Certificate or Partnership Deed in case of a company or Partnership Firm respectively;
4. Identity & address proof of the signatory.

Procedure for Trademark Registration in Jammu & Kashmir

Following is the procedure or process for Trademark Registration in Jammu & Kashmir:

Step 1: Trademark Search: First and most vital step is to conduct a detailed Trademark Search. This will help you to determine if there are identical Trademarks available, and it gives you a clear or plain picture of where your Trademark stands, and it also gives you a warning of the possibility of Trademark Litigation.

Step 2: Filing of Application: Once you choose the correct Trademark or brand name, you can opt for registering the same. Then you have to file an application for Trademark Registration in Jammu & Kashmir at the Trademark Registry, India. These days, the filing of the Trademark application is done online.

Step 3: Examination of Trademark Application: Once you file the Trademark application, it is examined or checked by the examiner for any discrepancies. The examiner might accept the Trademark conditionally, object, or absolutely. If the application is accepted unconditionally or completely, the Trademark gets published in the Trademark Journal online. If not, the conditions to be fulfilled or the objections would be mentioned in the examination report, and a time would be given to fulfil the response or conditions to the objections.

Step 4: Publication: The next step is the publication of Trademark so that anyone who objects to the Trademark has the opportunity to oppose the same. After 3 to 4 months from publication, there is no opposition, the Trademark proceeds for the registration. In case there is opposition, then there is a fair hearing & decisions are given by the Registrar.

Step 5: Issuance of Trademark Registration Certificate: Once the Trademark application clears all the above steps, then the Trademark Registration Certificate under the seal of the Trademark Office is issued.

Step 6: Renewal of Trademark: The Trademark can be renewed continuously after every ten years.