Trademark Registration in Uttar Pradesh - Process & Fees

Businesses and individuals looking to protect their brand identity and proprietary rights may consider filing their trademarks in Uttar Pradesh, a growing coastal region in India. Trademark registration in Uttar Pradesh provides certain legal protections for a brand's mark or symbol. This legal measure protects against violations or piracy.

Uttar Pradesh, as one of the most dynamic industrial states, offers multiple possibilities for launching new businesses and growing existing ones. Trademark registration in this state allows various brands to distinguish themselves from other brands in business settings and earn proprietary interest in their brand identity. A registered trademark also promotes business validity and trust among clients, and it is legally protected in the event of a legal dispute, advocating it as a long-term economic advantage.

Trademark registration is governed by the "Indian Trademark Act, 1999." It is a legal process to officially register a trademark or symbol connected with a brand. Registering a trademark in Uttar Pradesh may greatly improve the brand's reputation by building trust as well as loyalty in consumers.

This is a detailed guide that will look at the significance of trademark registration, the legal structure that controls it, and the processes involved. Whether you own a start-up company in a specific location, are an individual, freelancer, artist, or work in any other industry, this will give you the necessary knowledge and experience to manage trademark registration in Uttar Pradesh, a developing state.

Trademark Sample Certificate

Trademark Certificate

What is a Trademark Registration in Uttar Pradesh ?

A trademark is a visual representation, such as a logo that differentiates one product or brand from others, making it unique. Its goal is to create a recognizable image of a business in the marketplace. Trademarks can take many forms, such as symbols, patterns, colors, shapes, and text.

In Uttar Pradesh, trademarks can be registered under "The Trademark Act, 1999," which provides brand owners with legal protection and exclusive rights. The main objective of trademark registration is to differentiate a product or service from competitors in the same industry. By trademarking a brand, misunderstanding caused by similarities can be avoided.

What Trademark

What is Recognized for Trademark Registration in Uttar Pradesh

Multiple items, including the following, can be registered as trademarks in Uttar Pradesh:

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

Who Can Submit a Trademark Registration Application in Uttar Pradesh

In Uttar Pradesh, anyone can register a trademark. They may be:

  • A sole proprietorship
  • A partnership
  • A shared venture
  • A Trust Society
  • A small business just starting up
  • A private limited company
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Process of Trademark Certificate in Uttar Pradesh

Step 1: Conduct a Comprehensive Trademark Search.

Before applying for a trademark, a thorough search is required to confirm trademark availability. This search reduces the possibilities of application rejection. It is recommended that you get professional assistance while completing a full trademark search.

Step 2: File the Trademark Application.

Filing a trademark application is the first step toward trademark registration Uttar Pradesh. During this stage, the applicant is required to submit factual information about their product or service. It is important to have a solid understanding of the product or service before selecting the proper trademark classes. Filling out the application with wrong classes increases the possibility of rejection.

After filing the application, the applicant can use the ™ symbol beside their brand to indicate that the Trademark Registration procedure is ongoing. This symbol shows that the applicant is claiming the Trademark.

Step 3: Examination by the Trademark Department

Once the application is finished, it is reviewed by the Trademark Department, especially the Controller General of Patent, Design, and Trademarks. During this step, the Department of Trademarks examines the application for any similarities with existing marks. If the registrar identifies any similarities, they will send a notification requesting a response. If no similarities are found, the submission is moved forward for journal advertising.

Step 4: Advertise in the Journal

At this point, the Trademark Application gets placed in the journal, making it public. Anyone has the right to file an objection within three months if they believe the applied trademark is identical to an existing one. If there are no objections, the application is approved and recorded.

Step 5: Opposition Process.

If objections are raised within three months, the application enters the trademark opposition process. The Department of Trademarks holds a hearing in which both parties have an equal opportunity to submit their points. They can provide appropriate statements and evidence to support their respective perspectives. If the registrar accepts the applicant's statements and evidence, the trademark application is accepted and registered.

Step 6: Registration Certificate

This is the final stage of trademark registration in Uttar Pradesh. If there are no objections or challenges to the applied trademark, it is granted registration. When the applicant obtains the Registration certificate, they get legal rights to their trademark and can use the circled R sign (®) to show that it is registered trademark.

The applicant must renew their trademark every ten years as part of the renewal process. Failure to renew in a timely manner may result in the loss of legal protection and extra costs for late renewal.

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List of Government Fees for Trademark Registration in Uttar Pradesh

The cost of Trademark Registration in Uttar Pradesh begins at ₹4500, which covers the government fee, while an additional professional fee applies.

Stages Online TM Government fees Offline TM 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.

The fees for trademark registration in Uttar Pradesh vary depending on how many classes the applicant specifies. The government sets different fees for online and offline trademark registrations. In Uttar Pradesh, trademark registration costs ₹4,500 online and ₹5,000 offline.

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Documents Required for Trademark Registration in Uttar Pradesh

The following is the complete list of documents required for trademark registration in Uttar Pradesh:

  • Logo (if any)
  • Nature of Goods and Services
  • Email address and mobile number
  • Aadhar Card (for individual applications), bank statements, PAN cards, and other documents
  • GST (if applicable)
  • Signed Power of Attorney (if the applicant employs any professional)
  • Signed User Affidavit (For Prior Use)
  • MSME Certificate (For Small Enterprises)
  • Start-up Certificate (for startups)

A full and appropriate collection of documentation is required for trademark registration in Uttar Pradesh, as a lack of details increases the possibility of denial of a trademark application.

Trademark Document

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Checklist for Trademark Registration in Uttar Pradesh

Checklist-trademark

Applicants should consider the following factors while registering a trademark in Uttar Pradesh:

  • Trademarks must be quickly recognized.
  • Ensure that all the required data is delivered correctly.
  • Choose the appropriate trademark category carefully.
  • Before submitting your application, conduct a thorough trademark search.
  • Avoid employing basic or overly descriptive trademarks.
  • Renew the trademark on time to guarantee its protection.
  • Seek professional help for a simple registration process.
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Conclusion

Uttar Pradesh trademark registration is an important first step towards protecting brand identity in this populated Indian state. Uttar Pradesh's developing economy and diverse industries provide multiple chances for businesses and entrepreneurs to expand their brand and gain a competitive advantage.

Individuals and corporations in Uttar Pradesh can gain a range of legal rights to use particular signs or symbols by registering a trademark. This legal safeguard protects the trademark from replication and dilution, maintaining its originality and market value. This thorough manual will bring you through the many processes of trademark registration in Uttar Pradesh, highlighting its importance.

Consult with professionals at Professional Utilities to register your trademark and lower risks of rejection.

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FAQs on Trademark Registration

What is the Trademark Registration Fee in Uttar Pradesh?

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

How to Register a Trademark in Uttar Pradesh?

There are several steps involved in trademark registration in Uttar Pradesh, 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 Uttar Pradesh?

The Required documents for Trademark Registration in Uttar Pradesh 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 Uttar Pradesh?

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

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