An Overview of Trademark Registration in Uttarakhand

Trademark Registration is a guarantee of your business or company work protection. It is a legally trusted way to safeguard your company's logo, name, symbol, or similar product & service from being used or copied illegally by others. Nowadays, Trademark Registration in Uttarakhand is essential for businessmen or start-ups. People establishing or running a company of any type should obtain Trademark Registration in Uttarakhand for the protection of their goodwill and brand name or mark in the market as the competition is getting difficult with the increase in the growth & development of businesses in various cities across the country. Swarit Advisors are providing our esteemed clients with better Trademark Registration services at highly affordable costs making sure that they fulfil your requirements and expectations.

Trademark Class

Controller General of Designs, Patents & Trademarks has categorised products and services under 45 classes. Your Trademark application must mention the class(es) that the products or services represent. The Trademarks are registered only under those classes. For each Trademark class, a separate Trademark application is filed by paying the prescribed Government fee.

Following are some popular Trademark Classes:

1. Trademark Class 25: for clothing, footwear.
2. Trademark Class 42: for scientific, compute related & other technical services.
3. Trademark Class 25: for advertising & business management services.

Who can apply for Trademark Registration in Uttarakhand?

Trademark Registration is broadly used to safeguard brands or slogans, or words that are distinct to an individual or entity. Trademark Registration can be obtained by persons or businesses or not-for-profit organisations. Following are the legal entities that are eligible for Trademark Registration in Uttarakhand:

• An Individual or Person: An individual/person not doing any business is also entitled to file for Trademark application and obtain Trademark Registration for a name, symbol, or word that is proposed to be used by them in the future.
• Proprietorship Firm: In this case, filing an application, the full name of the owner must be mentioned in the application. A business name or owner name is not acceptable as the name of the person or individual. If a business name/proprietorship name is included on the application in addition to the name of the applicant, such details will be captured separately.
• LLP/Limited Liability Partnership: In this case, making a Trademark application, the application must be made in the LLP name. An LLP is a registered body, has its own identity. Hence, the partner by themselves cannot be the applicant, wherein the Trademark must belong to the Limited Liability Partnership.
• Foreign Company: In this case, making an application for Trademark Registration, the application for the registration must be filed in its own corporate name, as incorporated under the foreign country. If the foreign company has no principal place of business in Uttarakhand, the applicant’s address for service in Uttarakhand should be mentioned in the Trademark application.
• Society or Trust: If an application for Trademark Registration is made on behalf of a Society or Trust, the name of the Chairman, Secretary, or Managing Trustee representing the Trust or Society should be mentioned.
• Partnership Firm: In this case, filing for a Trademark application, the name of all the partners are essentially required to be mentioned in an application filed by a Partnership Firm. Partnership Firms are not deemed as a separate legal entities, and hence, the name of all partners should be mentioned in the application.
• Indian Company: In the case of One Person Company or a private limited company making an application for Trademark Registration in Uttarakhand, the Trademark application must be made in the name of the company. A company being a registered body has its own identity other than its directors; hence a company's director cannot be the applicant, although the application can be submitted & signed by the director or any officer certified by the company.
• Joint Owners: In case two individuals come together and decide to file the Trademark application, then the names of both the person should be mentioned in the application.

Advantages of Trademark Registration in Uttarakhand

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

1. Protects investment in branding and advertising;
2. It is cost-effective;
3. Builds Goodwill & Trust;
4. Differentiate goods or products;
5. Recognition of product's quality;
6. Protects against infringement;
7. Trademark Registration is an Intangible Asset;
8. It can be enforced against company name;
9. Attract Human Resources;
10. International Trademark Registration if you want to register your Trademark in countries other than India.

Documents Required for Trademark Registration in Uttarakhand

Following are some vital or crucial documents for Trademark Registration in Uttarakhand:

• Documents for Sole Proprietorship and Individuals:

1. Submit the copy of the logo or symbol (optional);
2. Signed Form-48;
3. Identity proof & address proof of the owner or individual.

• Documents for Company/LLP/Partnership:

1. Submit the copy of the logo or symbol (optional);
2. Signed Form-48;
3. Incorporation Certificate or Partnership Deed in the case of Company or Partnership Firm respectively;
4. Udyog Aadhar Registration Certificate (if required);
5. Identity & address proof of the signatory.

• Other Applicants:

1. Submit the copy of the logo or symbol (optional);
2. Signed Form-48;
3. Incorporation Certificate or Partnership Deed in the case of Company or Partnership Firm respectively;
4. Identity & address proof of the signatory.

Procedure for Trademark Registration in Uttarakhand

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

Step 1: Choosing a Trademark: The mark representing your company should be unique. The next vital this is to understand the class under which the Trademark would fall.

Step 2: Trademark Search: Once you choose an appropriate mark for your company, you should search the Trademark to ensure that your chosen print is not identical to an already registered Trademark.

Step 3: Filing of Trademark Application: After choosing the unique mark, then you need to file an application for Trademark Registration. Once you fill & submit the application, you will get your acknowledgement instantly. Once you get your declaration, you can use the TM Symbol beside your brand name.

Step 4: Examination of Trademark Application: Once the application is submitted: the Registrar will examine that you adhered to the particular restrictions governing the use of your brand name and current law.

Step 5: Publication of Trademark in Trademarks Journal: After the examination, the Trademark Registrar will advertise or publish the registered Trademark in the Trademark Journal following the conclusion of the examination process. This is a vital part of the Trademark Registration process, and there shouldn't be any objection or opposition within 3 months, in some instances, from the publication date. Then your brand name would proceed further for acceptance.

Step 6: Registration Certificate: Once all the steps are successfully completed, then a Trademark Registration Certificate under the official seal of the Trademark Office is issued.