Trademark Registration in Haryana - The Complete Guide

Trademark Registration in Haryana offers several opportunities within the picturesque geography of northeastern India. The Trademark Registration procedure in Haryana provides a framework that helps businesses protect their trademark or logo from being used by others.

Therefore, by Registering their Trademarks in Haryana, the inhabitants can acquire a defining market presence, create trust among consumers, and develop a competitive advantage in the burgeoning market. Considering the burgeoning tourism sector in Haryana, the focus of the government on sustainable development, and the perfect business environment, the process of Trademark Registration is the key to the survival and success of a business in the state.

"The Registration of a Trademark is governed by the Indian Trademark Act of 1999." It is defined as "a legal process through which a symbol, associated with a particular brand, is lawfully registered." Registering a trademark in Haryana can greatly benefit the brand in terms of creating a better reputation.

Trademark Sample Certificate

Trademark Certificate

What is a Trademark?

The definition of a 'Trademark' is: 'A visual representation, usually in the form of a logo, which sets a particular product or brand apart from other similar products, making it 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 Haryana, Trademarks can be registered under "The Trademark Act, 1999," offering brand owners legal protection and exclusive rights. The primary objective of Trademark Registration is to distinguish a product or service from others in the same industry. Confusion can be prevented by using Trademark to register a brand.

What Trademark

What is Recognised for Trademark Registration?

Numerous things, like the following, may be registered as Trademarks:

  • Symbols
  • Names
  • Shapes
  • Sounds
  • Phrases
  • Arrangements of Colour
  • Combination of Numbers and Words
  • Tagline

Who Can Submit a Trademark Registration Application in Haryana?

In Haryana, anyone can apply for Trademark Registration and he may be:

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

Step 1: Conduct Thorough Trademark Search

The Trademark should be searched with much precaution to check its availability prior to its application so that no party receives any copyright infringement notice, and the application is not rejected. Therefore, professional services may be engaged to conduct an in-depth search of Trademarks.

Step 2: File the Trademark Application

Filing the application is the first step for Trademark Registration in Meghalaya. At this stage, the applicant needs to provide all detailed information about their product or service. Also, a good understanding of the product or service has to be made along with the choosing of appropriate Trademark classes. Chances of rejection are high when the classes provided are wrong.

When the application is filed, the applicant can begin using the ™ symbol with their brand, which means to say that a Trademark Registration has been initiated. This symbol points out that the applicant is claiming rights to the Trademark.

Step 3: Examination by the Trademark Department

Once the process for application is complete, the application enters the examination process with the Trademark Department, more formally known as the Controller General of Patent, Design & Trademark. At this point, the Department examines the application to check for any similarities with previously used marks. If the registrar detects any such similarity, a notice for reply will be sent out. If no such similarity is found, the application will be forwarded for advertisement in the journal.

Step 4: Advertisement in the Journal

By now, the Trademark Application is advertised in the journal. It is now public. At this time, anyone has a right to raise objections after three months if he or she believes that the Trademark applied for looks similar to an existing one. In the absence of objections, it is then accepted and registered.

Step 5: Opposition Process

But if the objections are raised within the three-month period, then the application would undergo the opposition process. A hearing would take place, and this time, the hearing would be conducted by the department. During the hearing, both sides would have an equal opportunity to put forth their case. Both can also place before the other any relevant statements and evidence to support their side. If the statements and evidence of the applicant are found satisfactory by the registrar, then the Trademark would be accepted and approved.

Step 6: Registration Certificate

This is the final stage of Trademark Registration in Meghalaya. If the Trademark that has been applied for is not objected to or opposed, it is given a certificate of Registration. After obtaining the Registration certificate, it is then legal for the applicant to claim ownership of their Trademark, and they can use a circled 'R' (the symbol ®) next to it to show that their Trademark is registered.

Note: The applicant will renew the Trademark every ten years as part of the renewal procedure. Not re-renewing will result in a loss of legal protection and may attract a renewal fee for late renewal.

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List of Government Fees for Trademark Registration in Haryana

The cost of Trademark Registration in Haryana 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 Haryana 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 Haryana

Following is the complete list of documents required for a trademark registration in Haryana:

  • Logo (if applicable)
  • Nature of Goods & Service
  • Email ID & Mobile Number
  • Bank statements, Aadhar card, PAN card, and other relevant documents
  • Aadhar Card (in case of individual applicants)
  • GST Certificate (if applicable)
  • Power of Attorney (if the applicant hires any professional, signed)
  • Signed User Affidavit (for prior use)
  • MSME Certificate (official document for small enterprises)
  • Startup Certificate (for startups)

Complete and adequate set of documents is necessary for the Trademark Registration in Haryana, due to which incompleteness in information maximizes the chances for rejection of a trademark application.

Trademark Document

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Checklist for Trademark Registration in Haryana

Checklist-trademark

Some of the parameters which the applicant should take care of, while registering a Trademark in Haryana, are as follows.

  • Trademarks have to be recognizable
  • Complete information
  • Select appropriate classes
  • Perform a comprehensive trademark assessment
  • Ensure the trademark is not generic or descriptive
  • Renew the trademark timely
  • Seek professional advice
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Conclusion

Regarding the protection of different brands and intellectual property rights in this growing seaside hub, the registration of trademarks in Haryana is considered vital. With the registration of a trademark in Haryana, individuals and businesses operating in Haryana can obtain an exclusive right to make use of a specific sign, logo, or symbol associated with their services or products.

Knowing the mechanism of trademark registration in Haryana in detail would help businesses secure their trademarks and strengthen their market position. You are a businessman or businesswoman, or perhaps a creative person, and want to establish a strong identity in the market. Therefore, the first step is to secure a trademark in the state of Haryana.

Consult with professionals at Professional Utilities for the purpose of Trademark Registration and reduce your chances of Rejection of Trademark approval. Contact a Professional Now!

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FAQs on Trademark Registration

What is the Trademark Registration Fee in Haryana?

The fee structure to be paid for Registration of Trademark in Haryana is ₹4500 for individuals and ₹9000 for companies under Registration Fees.

How to Register a Trademark in Haryana?

Some processes involved in trademark registration in Haryana include performing a TM search, filling out a TM application, reviewing the application, encountering opposition, advertising it through a journal, and obtaining a registration certificate.

Which documents are required for TM Registration in Haryana?

The Required documents for Trademark Registration in Haryana 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 Haryana?

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

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