Trademark Registration in Delhi - The Complete Guide

The trademark application process is one of the most important parts of creating a lasting business presence. This article gives a detailed description of how to improve your business with a trademark in Delhi, including the trademark registration process, documents needed to complete your application, and the associated costs.

The Indian Trademark Act of 1999 provides legal protection for the registration of brand names and/or logos. When an applicant successfully registers their trademark in Delhi, the business will gain greater credibility, thereby increasing customer confidence and brand loyalty.

Trademark Sample Certificate

Trademark Certificate

What is a Trademark?

A Trademark is a distinct image of a product or company that distinguishes its source from those of others. This is what makes a brand unique. Its purpose is to establish a recognizable image of a business in the marketplace. Trademarks can take various forms, including symbols, patterns, colours, shapes, or words.

In Delhi, Trademarks can be registered under "The Trademark Act, 1999," offering brand owners legal protection and exclusive rights. The main objective of Trademark Registration is to provide consumers with an effective method of identifying the source of a particular product or service and helps prevent consumer confusion when looking for similar products or services due to the existence of similar brands in the same industry.

What Trademark

What is recognised for Trademark Registration in Delhi?

Numerous things, including the following, may be registered as Trademarks in Delhi:

  • Symbols
  • names
  • shapes
  • Sounds
  • phrases
  • Arrangements of Colour
  • combination of numbers and words
  • Taglines

Who Can Submit a Trademark Registration Application in Delhi?

In Delhi, Trademark Registration is open to everyone. They might be:

  • A sole proprietorship
  • A partnership
  • A joint venture
  • A Trust society
  • A small business just starting out, or
  • A private limited company.
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What is the Procedure for Trademark Registration in Delhi?

Step 1: Conduct a Comprehensive Trademark Search

Finding out whether or not your Trademark is free is an important consideration before making an application for a Trademark. A comprehensive Trademark Availability Search will minimize your risk of being rejected for filing a Trademark Application. It is highly recommended that you hire a qualified professional to do a complete Trademark search.

Step 2: File the Trademark Application

The actual Trademark Application is the first step of filing for registration of a Trademark in Delhi. The applicant is required to provide complete and correct information about the applicant’s goods or services (as well as the company itself). It is very important that you have knowledge of the types of goods or services, so that you select the correct Trademark “classes” for your Trademark application. Filing with the wrong Trademark classes for your Trademark Application significantly increases your chance of rejection.

Once an applicant has filed their application, they can use the ™ symbol along with their brand. Adding the trademark symbol means their trademark registration application is being processed, and they believe they have acquired rights to the trademark.

Step 3: Examination by the Trademark Department

Following completion of the application procedure, the departmental Trademark examination will be carried out by The Controller General of Patents, Designs, and Trademark. At this point, the Trademark Department will review the application to determine whether any registered marks are similar to yours. If the Registrar finds similarities with your mark, they will notify you accordingly and expect a response from you. When there are no similarities with existing registered marks, your application will move on to the next stage which is advertising the application in the journal.

Step 4: Advertisement in the Journal

During this phase, the Trademark Application is put into a journal so people can see it. For three months, anyone who believes there is a Trademark already existing that is similar to the requested one has the right to object. If no objections are received, the Trademark Application will be accepted and the Trademark will be awarded with a registration number.

Step 5: Opposition Process

An application to register a trademark enters the TM opposition process if any objections arise during the three-month opposition period. An impartial hearing held by the department will allow both sides to equally present arguments in support of their respective positions and introduce any appropriate documentation or evidence. If the department finds satisfactory documentation and evidence in support of the applicant’s position(s), the application will be registered; if the opposite occurs, the application will be denied.

Step 6: Registration Certificate

This is the last step for trademark registration in Delhi; if your trademark did not have any objections or opposition then you will receive your trademark registration certificate, which provides you with the right to use the Registered Trademark symbol (®) to show that you own your trademark.

Note:Once you have registered a trademark and received the registration certificate, need to retain your trademark right at a regular interval of ten years. Failure to renew in a timely manner may result in the loss of legal protection and additional charges for delayed renewal.

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List of Government Fees for Trademark Registration in Delhi

The cost of Trademark Registration in Delhi starts at ₹4500, which is Govt fee and the professional fee will be charged additionally.

Steps Online Government fees Offline Government fees
TM Registration fees for individuals 4,500 5,000
TM Registration fees for company 9,000 10,000
TM Amendment fees 900 1,000
Trademark Renewal fees 9,000 10,000
Trademark Restoration fees 9,000 10,000
TM Belated Renewal fees 12,000 13,000
TM Rectification fees 9,000 10,000
Trademark Opposition process fees 2,700 3,000
Hearing fees of TM registration Nil Nil
Fees for Reply to TM Examination Report Nil Nil

Note: The aforementioned Fees is exclusive of GST.

Trademark registration fees in Delhi depend on the number of classes that the applicant wants to include. Government TM registration fee is different for online and offline. The basic online cost of the government for registration is 4500/- and the offline cost is 5000/- only.

Documents for Trademark Registration in Delhi

Here is the complete list of documents required for Trademark Registration in Delhi:

  • LOGO (if any)
  • Nature of Goods & Service
  • Email ID & Mobile No. Bank statements, Aadhar cards, PAN cards, and other papers.
  • Aadhar Card (for individual applicants)
  • GST (if applicable)
  • Signed Power of Attorney (if the applicant hires any professional)
  • Signed User Affidavit (for prior use)
  • MSME Certificate (for small enterprises)
  • Start-up Certificate (for start-ups)

A complete and appropriate set of documents is essential for the Trademark Registration in Delhi, as insufficient information increases the possibility of rejection of a trademark application.

Trademark Document

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Checklist for Trademark Registration in Delhi

Checklist-trademark

The following are some parameters that the applicant should keep in mind while registering a Trademark in Delhi.

  • Trademarks must be easily recognised.
  • Fill in the complete information.
  • Select appropriate classes.
  • Conduct a Comprehensive Trademark search.
  • Using Trademark is generic or descriptive.
  • Renew the Trademark timely.
  • Take professional advice.
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Conclusion

If you are looking to build your business through Trademark Registration in Delhi, you have many advantages that will help you to build a strong reputation and brand identity. You need to take certain steps to register a trademark correctly and avoid having your application rejected.

Each step of the Trademark Registration process has associated fees, and it is important for you to understand how much you will need to spend on registering your trademark in Delhi.

To improve your chances of having your Trademark application approved, consult with experts at Professional Utilities. Contact a Professional now to learn more about Trademark Registration today!

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FAQs on Trademark Registration

What is the Trademark Registration Fee in Delhi?

The required Registration Fees for Trademark Registration in Delhi is ₹4500 per class for individuals and ₹9000 for companies.

How to Register a Trademark in Delhi?

There are several steps involved in trademark registration in Delhi, including doing a TM search, submitting a TM application, having it reviewed by the department, encountering opposition, publishing an advertisement in a journal, and receiving a registration certificate.

Which documents are required for TM Registration in Delhi?

The Required documents for Trademark Registration in Delhi are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.

Who can apply for TM Registration in Delhi?

Any person or corporate entity is qualified to register a Trademark in Delhi, but their Trademark must be distinctive from those that are already registered.

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