Trademark Registration in Delhi NCR– Process, Cost, and Documents Required

Introduction

A Trademark is an intellectual property right. Every company needs to get Trademark registration done to protect their brand. You can Trademark a word, logo, slogan or a combination of both. Nowadays you can also Trademark unique smells, colours, sounds etc; but these are typically very difficult to register. Trademarks grant distinctiveness to your business and is an asset for the company.

Any individual or organisation can apply for a Trademark. Going for Trademark registration in Delhi NCR is a great choice. As the capital of India and one of the major metropolitan cities in India, there are many in Delhi NCR. To be able to protect your brand as well as stand out amongst the competition, Trademark registration is extremely important. In this article, we will be discussing everything that you need to know about Trademark registration in Delhi NCR.

Advantages of Trademark Registration

There are many benefits of Trademark Registration in Delhi:

• First and foremost, engaging in trademark registration is a strategic necessity; it serves as a robust shield, enabling you to strengthen and preserve the identity of your brand. By registering your trademark, you not only secure the name, logo, or symbol associated with your brand, but you also gain the authority to prevent others from utilizing it. This exclusive right empowers you to maintain the uniqueness and integrity of your brand in the market.
• Secondly, the exclusive right bestowed upon you through trademark registration contributes significantly to the distinctiveness of your brand. This exclusivity establishes your brand as a singular entity, setting it apart from competitors in the industry. It’s not just a legal protection; it’s a mechanism that enhances the recognition and individuality of your brand in the minds of consumers.
• The third notable advantage of trademark registration lies in its legal ramifications. If, at any point, another entity ventures to use your trademark or something similar, you have the legal grounds to take swift and decisive action. This legal recourse ensures that your brand is shielded from potential infringements, maintaining its reputation and preventing any confusion among consumers.
• Lastly, beyond its protective role, a registered trademark transforms into a tangible and tradable asset for your business. This asset can be leveraged in various transactions, including licensing agreements or collaborations, adding a valuable dimension to your brand. By transforming your trademark into a negotiable asset, you not only enhance the financial value of your brand but also open up avenues for strategic partnerships and collaborations that can contribute to the overall growth and development of your business.

Documents Required for Trademark Registration

The following are the documents required for Trademark Registration in Delhi NCR:

• Proof of Applicant: This includes documents such as PAN, Address Proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals. 
• Brand Name/ Logo/ Slogan: You have to provide the details of the Trademark that you are trying to register.
• Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/Logo. 
• MSME/ Start-up India Certificate: This works as proof of business. Additionally, partnership firms and body corporates (other than an individual) can avail 50% rebate on Government fees if they provide their MSME OR Start-up India registration certificate.
• Power of Attorney: You have to file TM-48. It is a legal document that allows a Trademark attorney to file the Trademark on your behalf with the Trademark registry.
• Board Resolution: Additionally, for private limited or public limited companies, it is mandatory to provide a board resolution from all the directors that allowed the company to apply for a Trademark. Private limited and public companies can only apply for a Trademark after receiving the approval.
• User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit. This depends on the Trademark being registered. Your Trademark Attorney will ask for it before application submission.   

Process of Trademark Registration in Delhi NCR

The process for online Trademark registration in Delhi process is quite detailed and also requires the help of legal experts. In summary, it has the following steps.

1. First, you have to pick the apt Trademark class for registration of your goods or services.
2. Secondly, you need to check if anyone else has already registered a similar Trademark. To check, you have to use the IP India Trademark website.
3. Thirdly, you have to fill out and submit a Trademark application either at the Trademark Registry or online on the IP India website. You can start using the TM symbol next to your Trademark after successful submission.
4. The fourth step is for the Registrar to examine your Trademark as well as evaluate if it’s appropriate for Trademark Registration. They will either raise objections or approve the Trademark. In case of objections, you need a Trademark Attorney to file replies. You can also choose to not submit any reply and abandon the application.
5. Once approved, the Trademark is published in Trademark Journal. Any person who feels that this Trademark is similar to their Trademark is required to file an opposition within 3 months from publication. If you receive opposition, once again you need a Trademark Attorney to file replies to it. The Trademark registry will evaluate your replies with the other party’s statements and decide if you can register your Trademark. You can also abandon the application at this point by not filing any replies.
6. Finally, you will receive your registration certificate if there was no opposition or if the Trademark registry found your replies to the opposition to be satisfactory. After this, you can use the ® symbol next to your Trademark.

You can own a Trademark forever. However, you need to renew every Trademark every 10 years. To understand the Process for brand registration in Delhi in detail, you should go through this article: Understanding Trademark & its Registration Process in India

How to check TM Application Status

Steps to check TM status after going in for brand registration in Delhi:

1. Go to IP India website.
2. Select Trade Mark Application/Registered Mark from the left-hand side menu.
3. Select National/IRDI Number.
4. After that, enter your Trademark Application Number, enter the captcha, and click on the View Button.
5. Now you should be able to see your Trademark Application Status. There will also be an alert showing the next steps.

Fees & Cost for Trademark Registration in Delhi NCR

Online Trademark Registration in Delhi carries two types of costs:

1. Government Fees: The government fees depend on the business structure of the entity applying for Trademark Registration. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration).
2. Professional Fees: These vary from service provider to service provider.

Here are LegalWiz.in’s Packages:

Difference between TM (™) and R (®) symbol

There are important differences between TM vs R symbols when it comes to protection. The main difference is that anyone who has applied for online Trademark registration in Delhi can use the TM symbol. On the other hand, one can only use the R symbol after successful Trademark Registration. Unregistered Trademarks cannot use the R symbol.

Conclusion

Delhi NCR is one of the economically important cities of India. There are innumerable businesses in Delhi, they are also forever growing. To be able to stand out in the competition, going for trade mark registration in Delhi is a necessity. Additionally, online Trademark registration in Delhi also gives you access to many benefits, such as easy legal redressal, exclusivity, standing out in the market, etc. With plans starting at as little INR 6499, going for trade mark registration in Delhi has become much easier. So, get TM registration in Delhi NCR, and protect your brand.