Trademark works as an exclusive identity of the goods and services that a person is offering/ selling from other such goods/ services. This authorises the owner of trademark with a right to sue for damages if any contraventions of trademarks occur. A Trademark (TM) provides exclusive identity. Ever since the market place has got crowded with more and more competitors so more and more brands are available, so it has become close to impossible to differentiate among them easily. So, the only demarcation between companies to attract customers and to be able to stand out differently is by getting an exclusive trademark registered for one’s brand and consequently build their business. Trademark registration is obtained under the Trademarks Act, 1999
Jaipur is one of the most favoured business destinations for people around the world in the new-age business hub even today. Abundant investment-friendly policies, natural resources, a vast and unexplored talent pool and a secular environment are some of the reasons why national and international business colossal are drawn to this wonderful city. A number of pioneering policies together with the Industrial and Investment Promotion Policy (RIIP) broadcasted by the current state government have boosted the investment projection in the city as well as the state.
Following can be registered as a Trademark in Jaipur:
An individual who is not doing any business is eligible to file a trademark application and to obtain trademark registration for a word or symbol or for both (device) that is proposed to be used by that individual in the future.
The Registration procedure requires certain documents without which we cannot move ahead.
Following are the steps for trademark registration in Jaipur:
This is one of the crucial steps in the whole process of registration. Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name decreases the possibility of trademark litigation. So a trademark search will help you to get to know that if any other identical trademark is available and it gives you a fair picture of where your trademark stands. It also helps in reducing your money in time-consuming trademark litigation.
After you assure yourself that the brand name or logo which you choose to be registered as the trademark is not listed in the Trademark Registry India i.e. it is not identical with any other registered trademark, you can opt for registering the same. After checking the availability of trademark, the next step is to file a trademark application form at the Trademark Office, India. The Indian trademark office for Jaipur is located at Ahmedabad. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
After the application has been submitted for a trademark in the Trademark office then it is examined by the examiner for any discrepancies. The examination of discrepancies may take few days’ time. If no discrepancies are found in the application, the examiner might accept the trademark absolutely or conditionally or he may also object if the application contains some discrepancies.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If any conditions are required to be fulfilled before accepting the application, then that conditions are required to be fulfilled or the objections would be mentioned in the examination report and a month’s time will be given to fulfil those conditions or to respond to the objections raised.
Once such response which is given in respect of the objection raised is accepted, the trademark is published in the Trademark Journal. If the response received is not accepted, the person can request a hearing. While hearing, if the examiner feels that the registration of the trademark should be allowed then he shall register the and further proceed for publication in the Trademark Journal.
Anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case if any person opposes regarding the registration of trademark then a hearing shall be held before the Registrar and the decision shall be given by him.
After the application for Trademark Registration has been given and it has been registered and the same has been published in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
It may be noted that the trademark can be renewed after every 10 years and it can be done perpetually. Hence, the registered logo or brand name can be protected perpetually.
It is advisable to you to get trademark registration for yours goods and services provided by you as Trademark registration is provide you an exclusive right to the use of the trademark in relation to the “Class” of goods or service it represents. The greatest benefit to having a registered trademark is to be able to safeguard the brand of one’s goods and services. And also, having a strong brand can help you as a direct link between the customer and the product by making sure they are reliable.
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