An Overview of Trademark Registration in Madhya Pradesh

As we already know that Madhya Pradesh is the 2^nd largest state in the country. Madhya Pradesh has the largest reserve of diamond & copper in the country, and there are other various mineral resources. The economy of Madhya Pradesh depends on agricultural products. All the work of Trademark Registration in Madhya Pradesh is controlled by Trademark Office, Mumbai. According to Trademark Act, 1999, you can register your Trademark in Madhya Pradesh. Trademark Registration will ensure that your name, slogan, logo, and every characteristic feature of your brand identity are safeguarded from unwanted usage under exclusive ownership rights.

Trademark is an IP of any business or individual, though it is recommended that the Trademark should be registered in the name of an individual or company, as the Trademark registered under the business would be termed invalid if the business closes down. IP can be recognisable design, a sign that could uniquely identify the services of products of any particular business. The Trademark is used to recognise any particular products or services, which is generally termed as Service Marks. Trademarks can be owned by any business or any individual, or any legal entity.

Benefits of Trademark Registration in Madhya Pradesh

Following are the benefits or advantages of Trademark Registration in Madhya Pradesh:

1. Provides Exclusive Rights: The owner of a registered Trademark holds the exclusive rights and can also prevent its illegal use by any individual or any third party.
2. Protects against Trademark Infringement: No business competitor or any other person has the right to use your registered Trademark. But, if an individual does the same, then you can start legal proceedings against such issues of Trademark Infringement.
3. Distinguish your Goods or Services: Trademark Registration makes it easier for customers to recognise your products or services. It will create a reputation in the market and attracts new customers.
4. Builds Goodwill and Customer Loyalty: The quality of products or services corresponding to the registered Trademark establishes its trust & goodwill in the market among the customers. Further, the registered Trademark aids in communicating the distinct characteristics and vision of your company and its brand.
5. Create a Valuable Asset: With the Registration of Trademark, you can create an intangible asset and gain the exclusive rights for assigning, selling, franchising, and commercially contracting your innovation.

Who can Apply for Trademark Registration in Madhya Pradesh?

Trademark Registration is broadly used to safeguard brands, words, or slogans that are unique or new to a company or an individual. Trademark Registration can thus be obtained by businesses or individuals or not-for-profit organisations. Following is the list of entities who can apply for Trademark Registration in Madhya Pradesh:

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

Documents Required for Trademark Registration in Madhya Pradesh

Following are the essential documents required for Trademark Registration in Madhya Pradesh:

1. Identity proof of the owner or applicant such as Aadhar Card, Driving Licensing, etc.;
2. PAN Card of the applicant;
3. Address proof of the applicant;
4. Certificate of Incorporation and Partnership Deed in the case of a company and LLP, respectively;
5. Logo (if available and applicable);
6. A signed Form TM-48;

Procedure for Trademark Registration in Madhya Pradesh

Step 1: Trademark Search: It is necessary to research thoroughly in advance before applying for the Trademark Registration. A Trademark should be new, unique and if similar Trademarks are available, then it will give you an idea to modify or change your Trademark accordingly and will able to avoid any Trademark Litigation.

Step 2:Trademark Application Filing: Once you ensure that the Trademark selected is not registered already by anyone in the Trademark Registry. Then you can proceed further with your Trademark Registration. On the filing of the Trademark application, a generation of the official receipt for future reference. However, you can also track or check the Trademark application status online.

Step 3: Examination of Trademark Application: The examiner will examine the Trademark application, and the duration of the examination is of 12-18 months. However, the acceptance of a Trademark is depended on the results of the examination, which could be an object. Trademark, when selected unconditionally, Trademark will get published online in the Trademark Journal.  If not accepted, then the objection needs to be clarified by the candidate.

Step 4: Trademark Publication: If anyone objects to the Trademark Registration, have the chance to challenge the same. If, after 3 to 4 months from the publication of Trademark, there is no opposition, the process moves further. In the case of Trademark Objection, there will be a fair decision, and a hearing by the Trademark Registrar is scheduled.

Step 5: Trademark Registration Certificate: When the Trademark application proceeds for the Registration, after the publication in Trademark Journal, a Trademark Registration Certificate carrying the seal of the Trademark Office is issued.

Step 6: Trademark Renewal: The Trademark is renewed every 10 years, and it will make sure the protection of your brand reputation continuously.