An Overview of Trademark Registration in Nagaland

Nagaland is located in the North-East part of the nation and is famous for its rich traditional and cultural heritage in the country. The major food crops of Nagaland are maize, tea, rice, grams, etc., and the chief minerals of the state are limestone, coal, marble, and petroleum. Around 90% of the people in Nagaland are involved in agriculture, and forest products are a major source of income. The people are involved in cottage businesses and manufacture different products related to woodwork, pottery, and weaving. So, to provide Trademark Registration in Nagaland to the products manufactured by native craftsmen, it is vital to have a Trademark Office in Nagaland. As Kolkata Office has given a charge for Trademark Registration and maintenance in the northeast state of India hence, people have to approach Kolkata for getting consent on the proposed Trademark. But you don't need to visit Kolkata; we will help you in getting Trademark Registration in Nagaland online.

Who are eligible to obtain Trademark Registration in Nagaland?

Following is the list of those who are eligible to get Trademark Registration in Nagaland:

1. Joint Owners: The names of both the individuals who come together and decide to file an application for Trademark Registration have to be mentioned on the Trademark application.
2. Partnership Firm: Such a firm can file an application for Trademark Registration in Nagaland. The name of all the partners should be mentioned in the application because partnerships are not deemed as separate legal entities.
3. Indian Company: The application for Trademark Registration should be made in the name of the company, and the company may be a Private Limited or One Person Company. Other than its directors, a company is a registered body that has its identity; it is because of this reason that a company's director cannot be an applicant.
4. LLP or Limited Liability Partnership: The Trademark application can be made in the name of a Limited Liability Partnership (LLP). This is because LLP is an incorporated body that has its own identity.
5. Trust or Society: A Society or Trust is eligible for Trademark Registration in Nagaland. The application can be filed only on behalf of a Trust or Society. The Trademark application should have the names of the Chairman or Managing Trustee or the Secretary representing the Society or Trust.
6. A Person or an Individual: A person or an individual who may not be doing any business can apply for Trademark Registration in Nagaland.
7. Proprietorship Firm: In this case, one must mention the full name of the proprietor while filing the application. A Proprietorship Firm can file the application, but the business or proprietorship name is not acceptable. The main reason for the same is that the proprietorship firms are not separate legal entities.
8. Foreign Company: The Trademark application filed by a foreign incorporated entity must be made in the name as registered under the Foreign Country. The Trademark application should be made in its corporate name; with this, the Trademark application must mention the nature of registration, the nation of incorporation, and the law under which the company is registered.

Benefits or Advantages of Trademark Registration in Nagaland

Following is the benefits/advantages of Trademark Registration in Nagaland:

• The customer and any 3^rd party shall be aware that the goods or services given under a registered Trademark belong to the applicant.
• It is vital or crucial to register a Trademark in India and other nations of commercial interest. It permits you the legal right to use your Trademark exclusively in such nations. It also prevents any 3^rd party from using your Trademark/brand name/logo without your consent. It also protects your products/services against infringement.
• Moreover, the owner has the option of transferring their registered Trademark. When the business is sold, you can transfer an ordinary law Trademark.
• The person or an individual who applies for Trademark Registration 1^st will be given priority for registration.
• In addition, the registered Trademark provides an exclusive right to sell, use, and change the brands or products in any way.
• As long as you keep renewing your brand or Trademark, it will not expire, and you will be able to continue to benefit or advantage from the Trademark rights.

Documents Required for Trademark Registration in Nagaland

Following are the crucial documents required for Trademark Registration in Nagaland:

• Documents for Proprietorship Firm:

1. Aadhaar Card of the applicant;
2. Address Proof of the applicant;
3. Logo, Word, mark, or Company Name;
4. Signature of the Applicant;
5. Signed Power of Attorney (POA);
6. Signed Form TM-48.

• Documents for LLP or Limited Liability Partnership:

1. LLP Incorporation Certificate;
2. LLP Agreement;
3. Logo, Word, mark, or Company Name;
4. Udyam or MSME Registration certificate;
5. Identity & Address Proof of the Signatory;
6. Signed Power of Attorney (POA);
7. Signed Form TM-48.

• Documents for Partnership Firm:

1. Partnership Deed;
2. Logo, Word, mark, or Company Name;
3. Udyam or MSME Registration Certificate;
4. Signature of the Partner;
5. Identity & Address Proof of the Signatory;
6. Signed Power of Attorney (POA);
7. Signed Form TM-48.

• Documents for Private Limited Company:

1. Incorporation Certificate;
2. Logo, Word, mark, or Company Name;
3. Udyam or MSME Registration Certificate;
4. Identity & Address Proof of the Signatory;
5. Signed Power of Attorney (POA);
6. Signed Form TM-48.

• Documents for Trust or Society:

1. Name & Address of Society or Trust;
2. Registration Certificate;
3. Logo, Word, mark, or Company Name;
4. Identity & address proof of the signatory;
5. Signed Power of Attorney (POA);
6. Signed Form TM-48.

Online Procedure for Trademark Registration in Nagaland

Following is the online procedure for Trademark Registration in Nagaland:

Step 1: Trademark Search: The candidate should be careful while opting for their Trademark. Since there are already different types of Trademarks available, once a Trademark is chosen, it is vital to conduct a public search on the database which is available with the Trademark Registry to ensure that the Trademark is distinctive and there is no other Trademark which is either identical to their Trademark.

Step 2: Filing of Trademark Application: The application for Trademark Registration can either be filed in a single or multi-class totally depending on the products and services the business relates to. The application is Form TM-A which can be either filed online via the official IP India website or physically at the Trademark Office, which depends on the jurisdiction of the Trademark.

Step 3: Examination of Trademark: Post the filing of the application, a compulsory examination report is issued by the Trademark Examiner after a wide examination of the application in consonance with the guidelines of the Act. The report of examination by the authority may or may not reveal some objections, which can be absolute, relative, or procedural. This report by the authority is issued within a period of thirty days of having filed the application.

A reply to the report is required to be filed within a period of 30 days after getting the report asserting the arguments and evidence against any objections to waive them off.

Step 4: Post-Examination: After filing a reply to the report, the Examiner may appoint a hearing if the Examiner is not completely fulfilled by the reply filed or in case the objections are not met. After the hearing, the Examiner may accept the mark and afterwards forward the application for Trademark Publication in the Trademark Journal or reject the application if any objection still continues.

Step 5: Advertisement of the Trademark: Once the application has been accepted, the proposed Trademark is published in the online Trademarks Journal for a period of 4 months. The intent behind the advertisement is to invite the public to file an opposition against the registration.

Step 6: Opposition: After the publication of the Trademark in the Journal, any person can file a notice to oppose the advertised or published Trademark. This notice to opposing the Trademark has to be filed vide Form TM-O with 4 months of the market publication in the Trademark Journal. In case the applied for Trademark is objected to or opposed, then the due process of law has to be followed, which comprises filing the counter-statement application, Proof as well as hearing in order to get the registered Trademark.

Step 7: Trademark Registration: In this step, the application proceeds to Trademark Registration after conquering the opposition or objection against the proposed Trademark Registration.