Trademark Registration in Jaipur– Process, Cost, and Documents Required

Jaipur, also known as the pink city, is a major Indian city that’s famous for its unique handicrafts, artisanal jewellery and materials, textiles et cetera. Many businesses in Jaipur are decades, if not centuries old; all these businesses have made a name for themselves and are well-known in Rajasthan for their quality. Unfortunately, since these businesses have been passed down for generations, they generally do not have a trademark registration. Because of this, it is possible for some other brand to register a similar trademark, create confusion amongst the consumers, and take advantage of their decades-old goodwill. Hence, it is extremely important to go for trademark registration in Jaipur for your business.

Benefits of Trademark Registration in Jaipur

You might be wondering what advantages you’ll get if you go for trademark registration. Well, a trademark registration lets you protect your brand all over India. It also lets you apply for international registration, and protect and expand your business overseas. If you have a registered trademark, you can stop other people from using the same mark as well as any similar mark which can lead to confusion in the minds of consumers. You can also stop other people if they try to take advantage of your brand. When you have a business that is so close to your heart, it is very important for you to take all the necessary steps to protect it, and trademark registration does just that.

Process of Trademark Registration in Jaipur

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. Picking the right Trademark class is very important. There are 45 classes you can choose from.

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

Checking your TM Application Status

Since the trademark application process takes quite a while you must check where your trademark application has gotten from time to time. To check your trademark status follow the following steps:

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 Jaipur

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 Jaipur:

• 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