An Overview of Trademark Registration in Rajasthan

A Trademark is any logo, symbol, figure, letter, or word used by any individual or company in order to exclusively recognise their products/services from those manufactured or sold by others. Therefore, the customers must be able to differentiate one's products or services from others. Trademark Registration in Rajasthan is regulated or governed by the provisions under Trade Marks Act, 1999. Trademark Registration is vital as the Government lawfully authorises it to provide exclusive rights to the owner for the manufacturing, selling, using, and branding of the goods & services.

Why is it vital to register a Trademark in Rajasthan?

As we already know, Rajasthan is the largest state of India in terms of area. It shares borders with other states like UP, Gujarat, Punjab, Haryana, and Madhya Pradesh. The primary industries in Rajasthan include prime industries such as sugar, dyes, chemical, ball bearings, cement auto, textile, rugs, woollen products, etc. Heavy industries in the Rajasthan state like zinc or copper smelting along with manufacturing of railway rolling stock. Rajasthan is the largest producer of marble & stones in India, with its deep mined across the states. Therefore, because of all the above reasons, the importance of online Trademark Registration in Rajasthan manifolds.

Who Can Apply for Online Trademark Registration in Rajasthan?

Following entities are eligible for online Trademark Registration in Rajasthan:

1. Individuals;
2. Private Firms;
3. Companies;
4. LLP (Limited Liability Partnership);
5. Joint Owners;
6. Proprietorship Firm;
7. Partnership Firm;
8. Foreign Company;
9. Trust or Society.

Advantages of Online Trademark Registration in Rajasthan

Following are some advantages of Trademark Registration in Rajasthan:

1. Differentiating Products: Trademark Registration will help differentiate your products against your competitors' products in the same marketplace. Since the Registration of Trademark will be valid for the entire Class of products/services represented, it will help distinctly identify your products. Customers recognise products carrying other Trademarks, creating a customer base for your products.
2. Expand Business: With a distinct Trademark, you can build a strong customer base, and your Trademark aids you in expanding your customer base. Trademark Registration in Rajasthan grants exclusive rights for use for 10 years and protects your business profits. Business enterprises can leverage the benefits or advantages of a customer base by introducing new products and expanding their business.
3. Legal Protection: Trademark Registration will help your products from infringement. Registration of a Trademark also provides an exclusive right to use the Trademark concerning the Class of goods or services it represents. Once you file the Trademark application, the Symbol ™ can be used with your products, and the Symbol ® can be used only after getting Trademark Registration Certificate. In the case of Trademark Infringement, you can sue anyone how tries to sell, distribute, or copy your registered Trademark without any proper consent from the original owner.
4. Recognition of Brand: Customers are associating a product’s features, quality and so on with the company making such products or goods. They know the product by the logo, which would be registered Trademark. Trademark Registration gives brand recognition for your products and services. It also creates goodwill linked with the brand. Therefore, your brand is recognised and carries a market value.

Vital Documents Required for Online Trademark Registration in Rajasthan

Following are some vital documents required for Online Trademark Registration in Rajasthan:

• Submit any identity proof of the applicant;
• Address proof of the applicant;
• In the case of the company which is liable for the lower filing fee, can refer Udyog Aadhar Registration;
• A detailed description of products/services represented by the Trademark;
• Submit TM-48 Form (Form of authorisation of an agent) should be signed by the applicant.
• Submit logo (if applicable).

Procedure for Online Trademark Registration in Rajasthan

Below is the online procedure for Trademark Registration in Rajasthan:

Step 1: Search of Trademark: Before applying for Trademark Registration, it is recommendable for a candidate to search to check whether the Trademark is distinct or identical to the registered mark.

Step 2: Choosing a Trademark Class: Before filing for a Trademark application, an applicant or owner must choose a unique mark that must be different from registered ones. Secondly, it is vital to recognise to which Class an applicant belongs to. Currently, there are 45 classes of products & services under which the Trademark can be registered.

Step 3: Filing Trademark Application: While filing the Trademark application, the candidate can file for a Trademark under one Class, i.e., Trademark Registration can be done only for the particular Class that an applicant has chosen. For that, you need to fill in Form TM-1. The second option is to file for various classes or series Trademark, or collective Trademark. For the same, the candidate has to fill in Form TM-A, and this Form permits you to register the Trademark beyond one Class.

Step 4: Submission of Application: The Trademark owner can submit the application on its own or by an agent. In case of online submission will be done immediately. But, in the case of physical submission, it may take to 15-20 days.

Step 5: Examination of the Application: Once the applicant submits the application, the Registrar will examine whether the applicant has followed the criteria.

Step 6: Reply to Examination Board: While examining the Trademark application, the authority can raise trademark objections or ask for further clarification. For the same, the applicant or candidate needs to be careful while replying, and the response should be supported by legal interpretation and reliable legal decisions.

Step 7: Publication of Trademark: After the examination of the Trademark application, the Trademark Registrar will publish the Trademark in the Trademark Journal. After publishing the Trademark, there shouldn't be any opposition or objection within 3-4 months in some instances, from the publication date. If no objection or opposition is raised, then the proceeding is initiated towards acceptance.

Step 8: Issuance of Certificate: If no opposition is raised within the prescribed time period, the Registrar will accept the application and issue the Trademark Registration Certificate along with the Trademark Registry seal.