An Overview of Trademark Registration in Odisha

Trademark Registration in Odisha permits the use of words, names, symbols that represent a business or the goods that are provided by the company or business. These symbols or words are used by businesses to differentiate the products and services that are given by a business from the products provided by their competitors. Once a company gets Trademark Registration in Odisha, no one can use the registered marks or symbols as long as the Trademark or brand name remains in use. Trademark Registration is a tiresome process; it requires proper guidance. Our team of experts provide you with proper guidance when it comes to Trademark Registration.

What is a Trademark?

A Trademark is any word, name, logo, or symbol that makes a company or brand stand unique in the market. It is a vital Intellectual Property for a business to register a Trademark that prevents competitors or opponents from using identical words, names, or logos.

Who is Eligible or liable to Apply for Trademark Registration in Odisha?

Any person or legal entity can apply for Trademark registration in Odisha to safeguard their product or service. The application of Trademark has to be filed mentioning the name, address of the Trademark owner along with the agent & Power of Attorney.

Following entities are eligible for Trademark Registration in Odisha:

1. Indian Company;
2. Society or Trust;
3. A Person/an Individual;
4. Partnership Firm;
5. Proprietorship Firm;
6. Joint Owners;
7. Limited Liability Partnership (LLP);
8. Foreign Company.

Benefits of Trademark Registration in Odisha

You can check the benefits or advantages of Trademark Registration in Odisha below:

1. Differentiates Product or Goods: Trademark Registration makes it easy for customers to recognise your products. It also makes your products or goods valuable and the identity of your products different from that of the present and foreseen competitors or opponents and acts as an effective commercial tool.
2. Creation of Valuable Asset: Trademark Registration creates an intangible asset. Registered Trademark or brand is a right created which can be assigned, franchised, commercially contracted or sold.
3. Protects against Infringement: No opponents or other person can use the logo or mark registered by you under Trademark. In any instance, one uses it without the Trademark owner's consent or make any deceptive use of the same. The owner can get legal safety under the Trademark Act and stop an illegal person from doing so.
4. Attract Customers: It inspires the positive image of the company, and thus, candidates or applicants are attracted to them easily. This lessens the cost of hiring & related activities.
5. Provides Exclusive Rights: The registered owner of a Trademark enjoys exclusive rights over the Trademark. The owner or proprietor can use the same for all the products that come under the class applied. Moreover, the owner can enjoy the sole Trademark ownership and can stop others from the illegal use of the Trademark under the same or similar class where it is registered. It also gives the right to the registered owner to sue the unauthorised user for the use of the registered Trademark without any permission from the owner.
6. Use of ® Symbol: Once your Trademark is registered, you can use the ® symbol on your logo or brand name stating that it's a registered Trademark and no one can use a similar Trademark. It's exclusive of all types of usages and rights. If someone else uses the Trademark or brand, you can also sue the party.

Vital Documents Required for Trademark Registration in Odisha

Following are some crucial documents for Trademark Registration in Odisha:

• Documents of Individuals and Sole Proprietorship:

1. Copy of the logo in black & white (optional). In case the logo is not given, the Trademark application can be filed for the word;
2. Signed Form-48. This Form is an authorisation or approval from the applicant or candidate to a Trademark Attorney for filing the application on their behalf;
3. Identity proof of the proprietor or individual;
4. Address proof of the proprietor or individual.

• LLP/Company/Partnership:

1. Copy of the logo in black & white (optional). In case the logo is not given, the Trademark application can be filed for the word;
2. Signed Form-48;
3. Udyog Aadhar Registration Certificate;
4. Partnership Deed or Incorporation Certificate in case of Partnership Firm or Company respectively;
5. Identity and address proof of the signatory.

• Other Applicants:

1. Copy of the logo;
2. Signed Form-48;
3. Partnership Deed or Incorporation Certificate in case of Partnership Firm or Company respectively;
4. Identity and address proof of the signatory.

Procedure for Trademark Registration in Odisha

Following is the procedure/process for Trademark Registration in Odisha:

Step 1: Trademark Search: The applicant must be careful while selecting their Trademark. Once a Trademark is chosen, it is vital to conduct a Trademark Search on the database of Trademarks which is available with the Trademark Registry, to ensure that the Trademark is distinct and that there is no other Trademark that is either identical to their Trademark.

Step 2: Filing of Trademark Application: The application for Trademark Registration can either be filed in a multi-class or single-class totally depending on the products or services the business relates to. The application for Trademark Registration is Form TM-A which can be filed online. The application for the registration has to be supported with various documents with Trademark details for which the registration is sought. Further, in case the applicant or the Trademark owner is claiming prior use in the Trademark, then a user affidavit must be filed supporting the usage along with the proof of its prior usage.

Step 3: Examination of the Trademark Application: After filing the application for Trademark Registration in Odisha, a compulsory examination report is issued by the Trademark Examiner after a broad examination of the Trademark application in correspondence with the guidelines/norms of the Trademark Act, 2016. The report provided by the authority may or may not reveal some objections, which can be absolute, procedural, or relative. This report by the authority is issued within 30 days of the time period of having filed the registration application.

A reply to the report is required to be filed within 30 days after getting the examination report asserting the arguments & proof against any objections to waive them off.

Step 4: Publication of the Trademark: Once the Trademark application is accepted by the Trademark Registrar, the Trademark is published or advertised in the Trademark Journal for a time of 4 months. The purpose behind the publication & advertisement is to invite the general public to file an opposition against the registration of the Trademark.

Step 5: Opposition from Public: Once your Trademark is published in the Trademark Journal, any aggrieved person can file a notice to oppose the registration of the published Trademark. This notice opposing the Trademark has to be filed with Form TM-O within the prescribed time. In case the applied Trademark is objected to opposed, then the due process of law must be followed, which comprises filing the application for the counter-statement, evidence and hearing in order to get the Trademark registered.

Step 6: Registration of the Trademark: This final step is where the Trademark application proceeds to registration after conquering the objection and/or the opposition against the proposed Trademark Registration. If there is no objection against Trademark Registration during the publication period of four months, then the Trademark Registry will issue a Trademark Registration Certificate. Once the Registration Certificate, it is valid for 10 years, after which it would be required to be renewed within a prescribed time.