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Difference between revisions of "Kullu - Register a Trade Mark (Brand Name)"

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(Created page with "==Procedure== #The first step to register a trademark is to specify the categories under which you would like to register a trademark. Classes 1-34 deal with goods, while Clas...")
 
 
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==Procedure==
+
==Procedure==  
#The first step to register a trademark is to specify the categories under which you would like to register a trademark. Classes 1-34 deal with goods, while Classes 35-45 deal with services.
+
<br>This procedure explains various ways to Register a Trade Mark (Brand Name) in Kullu.<br><br>
#Word and logo trademarks have to be filed separately. This means that the name of your brand should be filed under Class X and separately for any graphic representation (your logo) under Class X.
+
'''Apply In-Person''':<br>
#You will need to sign a Power of Attorney to authorise your lawyer to act as your agent. A trademark can be filed in individual capacity but filing through a trademark lawyer is the norm.
+
#The first step to register a trademark is to identify the categories under which you would like to register a trademark. (Classes 1-34 deals with goods while Classes 35-45 deals with services).
 +
#Word and logo trademarks have to be filed separately. This means that the name of your brand should be filed under Class X and separately for any graphic representation (your logo) under Class X. Link for form to register design: [http://www.ipindia.nic.in/form.htm link]
 +
#You will need to sign a Power of Attorney to authorize your lawyer to act as your agent. A trademark can be filed in individual capacity but filing through a trademark lawyer is the norm.
 
#A trademark search is optional but allows you to go through the process smoothly and identify in advance any conflicts that may arise.
 
#A trademark search is optional but allows you to go through the process smoothly and identify in advance any conflicts that may arise.
 
#The lawyer will file your trademark application with the Trademark Office and send you the receipt. After a few days, the lawyer will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
 
#The lawyer will file your trademark application with the Trademark Office and send you the receipt. After a few days, the lawyer will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
#Once your trademark is approved it is published in the Trademark Journal.  
+
#Once your trademark is approved it is published in the Trademark Journal.
#Office locations and contact information : [http://www.ipindia.nic.in/locations-and-jurisdiction.htm Contact Information]<br>
+
#Office locations and contact information : [http://www.ipindia.nic.in/contact-us.htm link]
For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.
+
#For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.
 
<br><br>
 
<br><br>
You could also file on-line through the following link : [https://ipindiaonline.gov.in/trademarkefiling/user/frmlogin.aspx On-line Registration]
+
'''Apply Online''':<br>
 
+
#Applicant can use the following link to apply online for trade mark registration:[https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx link]
 
+
#The site when opened will prompt for user id. If you have user id and password, then can login using the credentials. If you are new user, please sign up and then login to process.
 +
#Once logged in please proceed as per prompts and direction to complete the application procedure. As final phase of process user shall pay online by reaching the payment gateway.
 +
#In the payment gateway page, please select the type of payment(Credit / Debit / Net Banking) and provide required details at prompted places and hit make payment to reach the successive page.
 +
#User should follow the screen prompt for the payment mode selected to complete online payment transaction.
 +
#Once the payment is accepted, user will get a transaction acknowledgement. Please keep it saved or print it for future reference.
 +
'''Note''': Please keep respective documents scanned before applying online
  
 +
==Required Documents==
  
==Required Documents==
+
*Power of Attorney signed by the applicant. (In the case of corporate body – signed by the Director or Legal representative of company)
*Power of Attorney signed by the applicant & in the case of corporate body, by the Director or Legal representative of company
+
*Graphical representation of the design
 
*Aadhaar Card
 
*Aadhaar Card
 +
*Company ROC details
 +
*GST details if required
  
 
==Office Locations & Contacts==
 
==Office Locations & Contacts==
Website to be refereed : [http://www.ipindia.nic.in/contact-us-tmr.htm Website]<br>
+
'''Trade Marks Registry''':<br>
Office locations and contact information : [http://www.ipindia.nic.in/locations-and-jurisdiction.htm Contact Information]
+
Boudhik Sampada Bhavan,<br>
 
+
Plot No. 32, Sector 14, Dwarka,<br>
 
+
New Delhi-110 075.<br>
 
+
Tel. : 011-28082915/28082916/<br>
 +
Fax: 28082917<br><br>
 +
'''Office of Controller General of Patents, Designs &amp; Trade Marks, Mumbai,<br>
 +
Intellectual Property India,<br>
 +
Patents/Designs/Trade Marks/Geographical Indications,<br>
 +
Boudhik Sampada Bhavan,<br>
 +
Antop Hill, S.M. Road, Mumbai-400037<br>
 +
Ph : + 022-24132735<br>
 +
Fax : + 022-24123322<br>
 +
e-mail : cgoffice-mh@nic.in<br>
 +
Link for Contact details:[http://www.ipindia.nic.in/contact-us.htm link1] AND [http://www.ipindia.nic.in/contact-us-tmr.htm link]<br><br>
 +
'''Details of jurisdiction based offices''':[http://www.ipindia.nic.in/writereaddata/images/pdf/information-booklet-tmr-23april2014.pdf Link]
  
 
==Eligibility==
 
==Eligibility==
Trademarks can be filed either by the company (and hence owned by the company and its shareholders) or by the founder (and licensed to the company)
+
Trademarks can be filed either by the company (and hence owned by the company and its shareholders) or by the founder (and licensed to the company).
 +
==Fees==
  
 
 
 
==Fees==
 
 
*Rs 3500/- per mark per class
 
*Rs 3500/- per mark per class
 
*Lawyers will charge Rs 1000/- to Rs 3000/- per mark per class
 
*Lawyers will charge Rs 1000/- to Rs 3000/- per mark per class
 
*Rs 500/- for trademark search
 
*Rs 500/- for trademark search
 
+
*For details visit : [http://www.ipindia.nic.in/form-and-fees-tm.htm Form]
 
 
 
 
  
 
==Validity==
 
==Validity==
The term of registration of trademark is ten years, subject to renewal thereafter.
+
*The term of registration of trademark, it is valid for 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999.
 
+
*An application for renewal of a trademark can be filed within six months from the expiry of the last registration of trademark.
 
 
 
 
  
 
==Documents to Use==
 
==Documents to Use==
Please attach documents that can be used by people. e.g. links
+
[https://ipindiaonline.gov.in/eregister/Guidelines.pdf Guidelines]
 
 
 
 
 
 
  
 
==Sample Documents==
 
==Sample Documents==
 
  Please attach sample completed documents that would help other people.
 
  Please attach sample completed documents that would help other people.
 
 
 
  
 
==Processing Time==
 
==Processing Time==
 
It takes between 18 and 24 months to receive a trademark.
 
It takes between 18 and 24 months to receive a trademark.
 
 
 
 
 
==Related Videos==
 
==Related Videos==
  Videos explaining the procedure or to fill the applications.  
+
  Videos explaining the procedure or to fill the applications.
  Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
+
  Attach videos using the following tag &lt;&amp;video type=&quot;website&quot;&gt;video ID|width|height&lt;&amp;/video&amp;&gt;
  Please remove the "&" inside the tags during implementation.
+
from external websites.
  Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,  
+
  Please remove the &quot;&amp;&quot; inside the tags during implementation.
 +
  Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe,
 +
myspace, revver,
 
  sevenload, viddler, vimeo, youku, youtube
 
  sevenload, viddler, vimeo, youku, youtube
  width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
+
  width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is
  e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".  
+
displayed.
+
  e.g In the following url &quot;http://www.youtube.com/watch?v=Y0US7oR_t3M&quot; Video ID is
 
+
&quot;Y0US7oR_t3M&quot;.
 
 
 
 
  
 
==Instructions==
 
==Instructions==
<b>How to select a trade mark: </b><br>
+
'''How to select a trade mark''':<br>
*If it is a word it should be easy to speak, spell and remember.
+
*If it is a word it should be easy to speak, spell and remember.
 
*The best trade marks are invented words or coined words.
 
*The best trade marks are invented words or coined words.
*Please avoid selection of a geographical name. No one can have monopoly right on it.
+
*Please avoid selection of a geographical name. No one can have monopoly right on it.
 
*Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
 
*Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
 
*It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
 
*It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
 
<br><br>
 
<br><br>
<b>Who can apply for a trade mark and how : </b><br>
+
'''Who can apply for a trade mark and how''':<br>
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.
+
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.
 
<br><br>
 
<br><br>
<b>benefits of registering a Trademark : </b><br>
+
'''Benefits of registering a Trademark''':<br>
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
+
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
 
 
 
 
 
 
 
 
 
==Required Information==
 
==Required Information==
A list which displays the kind of information which is required to complete the procedure.
+
*Full name and address of the applicant
e.g.
+
*Mobile number
1. Date of Birth.
+
*Organization name
2. City or County of Birth.
+
*Trademark type
 
+
*Type of applicant
 
 
 
 
  
 
==Need for the Document==
 
==Need for the Document==
A trade mark (popularly known as brand name) in laymans language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
+
*Protects your hard earned goodwill and others from cashing on your goodwill in the business.
<br><br>
+
*Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm.
The legal requirements to register a trade mark under the Act are: <br>
+
*Gives products a status of Branded Goods.
*The selected mark should be capable of being represented graphically (that is in the paper form).
+
*The exclusive right to the use of the trade mark and to obtain relief in respect of infringement (misuse by others) of the trade mark.
*It should be capable of distinguishing the goods or services of one undertaking from those of others.
+
*A trade mark (brand name) is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one.
*It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have  the right to use the mark with or without identity of that person.
+
*The legal requirements to register a trade mark under the Act are:
 
+
**The selected mark should be capable of being represented graphically (that is in the paper form).
 
+
**It should be capable of distinguishing the goods or services of one undertaking from those of others.
 +
**It should be used or proposed to be used in relation to goods or services for the purpose of indicating.
  
 
==Information which might help==
 
==Information which might help==
Enter other informations which might help
+
*It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.
 +
*Generally, one who has filed an application (pending registration) can use the TM (trademark) designation with the mark to alert the public of his exclusive claim. The claim may or may not be valid. The registration symbol, ®, may only be used when the mark is registered.
  
  
Line 132: Line 132:
  
 
==Others==
 
==Others==
  More information which might help people.
+
  More information which might help people in Kullu can be listed here.
  
  

Latest revision as of 05:15, 16 January 2020

Procedure[edit]


This procedure explains various ways to Register a Trade Mark (Brand Name) in Kullu.

Apply In-Person:

  1. The first step to register a trademark is to identify the categories under which you would like to register a trademark. (Classes 1-34 deals with goods while Classes 35-45 deals with services).
  2. Word and logo trademarks have to be filed separately. This means that the name of your brand should be filed under Class X and separately for any graphic representation (your logo) under Class X. Link for form to register design: link
  3. You will need to sign a Power of Attorney to authorize your lawyer to act as your agent. A trademark can be filed in individual capacity but filing through a trademark lawyer is the norm.
  4. A trademark search is optional but allows you to go through the process smoothly and identify in advance any conflicts that may arise.
  5. The lawyer will file your trademark application with the Trademark Office and send you the receipt. After a few days, the lawyer will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
  6. Once your trademark is approved it is published in the Trademark Journal.
  7. Office locations and contact information : link
  8. For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.



Apply Online:

  1. Applicant can use the following link to apply online for trade mark registration:link
  2. The site when opened will prompt for user id. If you have user id and password, then can login using the credentials. If you are new user, please sign up and then login to process.
  3. Once logged in please proceed as per prompts and direction to complete the application procedure. As final phase of process user shall pay online by reaching the payment gateway.
  4. In the payment gateway page, please select the type of payment(Credit / Debit / Net Banking) and provide required details at prompted places and hit make payment to reach the successive page.
  5. User should follow the screen prompt for the payment mode selected to complete online payment transaction.
  6. Once the payment is accepted, user will get a transaction acknowledgement. Please keep it saved or print it for future reference.

Note: Please keep respective documents scanned before applying online

Ads by Google

Required Documents[edit]

  • Power of Attorney signed by the applicant. (In the case of corporate body – signed by the Director or Legal representative of company)
  • Graphical representation of the design
  • Aadhaar Card
  • Company ROC details
  • GST details if required

Office Locations & Contacts[edit]

Trade Marks Registry:
Boudhik Sampada Bhavan,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110 075.
Tel. : 011-28082915/28082916/
Fax: 28082917

Office of Controller General of Patents, Designs & Trade Marks, Mumbai,
Intellectual Property India,
Patents/Designs/Trade Marks/Geographical Indications,
Boudhik Sampada Bhavan,
Antop Hill, S.M. Road, Mumbai-400037
Ph : + 022-24132735
Fax : + 022-24123322
e-mail : cgoffice-mh@nic.in
Link for Contact details:link1 AND link

Details of jurisdiction based offices:Link

Ads by Google

Eligibility[edit]

Trademarks can be filed either by the company (and hence owned by the company and its shareholders) or by the founder (and licensed to the company).

Fees[edit]

  • Rs 3500/- per mark per class
  • Lawyers will charge Rs 1000/- to Rs 3000/- per mark per class
  • Rs 500/- for trademark search
  • For details visit : Form

Validity[edit]

  • The term of registration of trademark, it is valid for 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999.
  • An application for renewal of a trademark can be filed within six months from the expiry of the last registration of trademark.

Documents to Use[edit]

Guidelines

Ads by Google

Sample Documents[edit]

Please attach sample completed documents that would help other people.

Processing Time[edit]

It takes between 18 and 24 months to receive a trademark.

Related Videos[edit]

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&>
from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe,
myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is
displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M%22 Video ID is
"Y0US7oR_t3M".
Ads by Google

Instructions[edit]

How to select a trade mark:

  • If it is a word it should be easy to speak, spell and remember.
  • The best trade marks are invented words or coined words.
  • Please avoid selection of a geographical name. No one can have monopoly right on it.
  • Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
  • It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.



Who can apply for a trade mark and how:
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.

Benefits of registering a Trademark:
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.

Required Information[edit]

  • Full name and address of the applicant
  • Mobile number
  • Organization name
  • Trademark type
  • Type of applicant
Ads by Google

Need for the Document[edit]

  • Protects your hard earned goodwill and others from cashing on your goodwill in the business.
  • Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm.
  • Gives products a status of Branded Goods.
  • The exclusive right to the use of the trade mark and to obtain relief in respect of infringement (misuse by others) of the trade mark.
  • A trade mark (brand name) is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one.
  • The legal requirements to register a trade mark under the Act are:
    • The selected mark should be capable of being represented graphically (that is in the paper form).
    • It should be capable of distinguishing the goods or services of one undertaking from those of others.
    • It should be used or proposed to be used in relation to goods or services for the purpose of indicating.

Information which might help[edit]

  • It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.
  • Generally, one who has filed an application (pending registration) can use the TM (trademark) designation with the mark to alert the public of his exclusive claim. The claim may or may not be valid. The registration symbol, ®, may only be used when the mark is registered.



Other uses of the Document/Certificate[edit]

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.`



External Links[edit]

Place some external links which might help



Ads by Google

Others[edit]

More information which might help people in Kullu can be listed here.