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

A Trademark is an intellectual property right. Every company needs to go for Trademark registration 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. Additionally, a Trademark is an asset for any 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 several businesses 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

• Firstly, it lets you protect your brand. You get to stop others from using your Trademark.
• Secondly, You get the exclusive right to use your Trademark. This grants your brand distinctiveness.
• Thirdly, if anyone else uses your Trademark or a Trademark that is very similar to yours, you can easily take legal action against them.
• Finally, It is an additional asset that you can sell and get into transactions for. This increases the value of your brand.

Process of Trademark Registration in Delhi NCR

The Trademark registration process is quite vast and 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 and 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, every Trademark needs to be renewed every 10 years. To understand the Trademark Registration Process in detail, you should go through this article: Understanding Trademark & its Registration Process in India

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

Anyone who has applied for Trademark registration 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.

How to check TM Application Status

Following are the steps to check the status of the TM Application: 

1. Go to IP India online 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 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

Trademark Registration carries two types of costs:

1. Government Fees:  The one who is applying for Trademark Registration, their business structure decides their government fees. 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: This varies from service provider to service provider.

Here are LegalWiz.in’s Packages:

Documents Required for Trademark Registration

You need to provide the following documents 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’re 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.   

Frequently Asked Questions