Trademark registration in Jharkhand-Brand registration in Jharkhand
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
Implications of Registration
When a proprietor registers his trademark, he acquires a property right, benefiting from specific remedies.
Application for Registration of a Trademark
An application for registration of a trademark must be made to the Comptroller, who examines the application asserting whether all requirements for registration of such application are met.
An application for the registration of a trademark can be submitted online at www.ips.gov.mt and should contain the following:
a) A request for registration of a trademark;
b) The name and address of the applicant;
c) A statement of the goods or services in relation to which it is sought to register the trademark;
d) A representation of the mark;
e) The name and address of the representative or attorney, in cases where one has been appointed
f) A declaration claiming priority in cases where the applicant wishes to take advantage of an earlier application;
g) An indication that the trademark is being used by the applicant or with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be used;
h) A statement containing the name or names of the colour or colours being claimed in cases where the applicant wishes to claim colour as a distinctive feature of the mark; and
i) The prescribed fee.
Reasons to Register a Trademark
- Legal Protection: Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark infringement. Trademark protection is not enforceable for trademarks that are not registered.
- Unique Identity: Trademark filing will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
- Creation of Asset: Trademark filing creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
- Trust or Goodwill: Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
- Global Trademark Filing: A trademark filing in India can be used as the basis for trademark filing in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
How much time it takes to register a trademark in India?
Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.
How much does it cost to register a trademark in India?
To register a trademark, the total fee may vary based on the prosecution of your trademark application. However, for filing a trademark application, the government fee is only Rs.4000/-.
Who can apply for trademark? Where should trademark application be filed?
An application can be made for registration of trademark actually used or proposed to be used by any person claiming to be proprietor of the trademark. In case of a prior user of the mark, the concerned person is required to submit an affidavit along with evidences to support his claim of priority. In India, for facilitation of the registration of the trademarks, Trademark registry operates from five locations i.e. Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. In case of Indian applicants, jurisdiction is decided based on the principal place of business of applicant and in case of foreign applicants; jurisdiction is based on where applicant’s agent or attorney is situated.