An Overview of Trademark Registration in UP
Trademark Registration permits the use of names, words, logos, or symbols that represent a company or a business. These marks or symbols are used by businesses to differentiate between goods and services that are provided by a company or business from the products offered by their competitors. Once a company gets Trademark Registration, no other company use the symbols or logos as long as the Trademark remains in use. If anyone living in UP wants to register their mark, they can also apply for Trademark Registration in UP. Hence, it is recommended to contact an expert who will help you during Trademark Registration in UP. Now the complete process of Trademark Registration in UP is online.
Who can Apply for Trademark Registration in UP?
In the application form of Trademark Registration, the person whose name is mentioned as the applicant will be the Trademark owner once the Trademark is successfully registered. A company, an LLP (Limited Liability Partnership), an individual, joint owners, proprietorship firm, and partnership can be the applicant and file the application for the Trademark Registration in UP.
What can be Trademarked?
- Company Name
You can register a company name as a Trademark, and it is the most common route.
- Product Name
You can also register a product’s name as a Trademark.
- Individual’s Name or Surname
If your name plays a vital role in generating profits or revenue, then you can even Trademark your name.
- Abbreviations of a Company
Abbreviations of a brand name or company can also be Trademark, for example, KTM, BMW, etc.
If you have a proper tagline for your Trademark or brand, you can also go for Trademark Registration for the tagline. A tagline tells your clients what type of business you are running.
Symbol or Logo
It is essential to Trademark a logo or symbol because it visually represents your company or brand. Your customers can remember a logo or symbol faster than a name. For example, Puma, Nike, etc.
- Sound Mark
Sounds or musical notes can be trademarked if we can prove that its uniqueness.
- Colour Mark
You can Trademark a combination of colours or colour.
- Scent Mark
Even scents can be trademarked.
What are the Benefits of Trademark Registration in UP?
Following are some crucial benefits of Trademark Registration in UP:
- Exclusive Rights
The registered Trademark owner can avail exclusive rights over the Trademark. The Trademark owner can use the same for all the products that come under the class(es) applied. Moreover, the owner can enjoy the sole proprietorship of the Trademark and can stop others from the illegal use of the Trademark under the similar class where it is registered.
- Protects the Commercial Goodwill
a registered Trademark’s owner has an exclusive right to establish, create, use, and protect the goodwill of their goods or services. The registered Trademark owner can stop others from using their Trademark illegally. The owner has the right to sue the infringer for dilution of the brand name and claim damages for any Trademark Infringement.
- Asset Creation
Trademark Registration in UP creates an intangible asset. Registered Trademark can be assigned, commercialised, sold to bring benefits to the company or the individual owner.
- Promotes Products and Services
Trademark Registration creates a face of the company or business of the products & services. This helps to differentiate and facilitate brand creation. Most businesses or companies find their identity through Trademark; hence it plays an essential role in promoting and increases the brand value.
- Differentiates Products
Trademark Registration makes it easy for customers to find your products. It also makes your product and products' identity different from other existing products in the market. The logo can communicate the quality, distinctive, or vision characteristic of your company and any organisation.
- Use of ® Symbol
Once your Trademark is successfully registered, then you can use ® Symbol on your mark or logo stating that it is registered and no one can use a similar mark. It is exclusive or sole of all types of usages and rights. If anyone uses the Trademark, then you can also sue the party.
Documents Required for Trademark Registration in UP
Following are some vital documents for Trademark Registration in UP:
- Submit Address Proof and PAN Card of the applicant, Certificate of Registration (other than an individual applicant).
- If a particular user date is to be claimed, the user affidavit is also required to be submitted.
- In the case of an individual or a HUF, submit an identity proof and business registration document (if available).
- In the case of a Company/Entity or LLP, submit a Shops and Establishment License, address proof of the company and Registration Certificate.
- In the case of Partnership Firm, submit the Partnership Deed.
- Power of Attorney signed by the applicant.
- Submit a copy of the logo (optional).
- Duly signed Form 48.
Procedure for Online Trademark Registration in UP
Following is the procedure for Trademark Registration in UP:
- Trademark Search
This will help you to know if there are identical Trademarks available, and it gives you a clear image of where your Trademark stands, sometimes, it will give you a notice of the possibility of Trademark Litigation. You can take assistance from a professional for this.
- Filing Trademark Application
Once you search or choose a brand name or logo and you are sure that your logo/brand name is not listed in the Trademark Registry, you can opt for registering the same. The first and important step is to file an application for Trademark Registration in Up at the Trademark Registry. Currently, the filing of the Trademark application is mostly done online. Once the application is filed, a legal receipt is instantly issued for future reference.
- Examination of Application
Once the Trademark application is filed, then the examiner will examine the Trademark application, and the examiner might accept the application completely, conditionally or object. If the Trademark application is accepted unconditionally, the Trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and one month of time given to fulfil the response or conditions to the objections.
Once the response is accepted, the Trademark is published in the journal. If the response is not accepted, then you can request for hearing; if in the hearing, the Trademark examiner believes that the Trademark should be allowed for the registration, then it proceeds for publication in the journal.
- Publication in Trademark Journal
Once the examiner accepts the application, then the Trademark will be published in Trademark Journal. Also, this step is incorporated in the Trademark Registration process so that anyone can object to the Trademark has the chance or opportunity to oppose the application. If after 3 to 4 months from publication there is no opposition, the Trademark continues for registration. In case of opposition, there is a fair hearing & decisions are given by the Trademark Registrar.
- Issuance of Certificate
Once the Trademark application proceeds for registration, the Trademark Office issues a registration certificate.
The validity of Trademark Registration in UP is ten years, and it can be further extended by renewal after every 10 years. Therefore, your brand name or logo registration can be safeguarded perpetually.