In terms of area, Rajasthan is the largest state in India, bordering Punjab, Haryana, Uttar Pradesh, Madhya Pradesh, and Gujarat. Rajasthan’s main industries include cement, auto components, ball bearings, sugar, chemicals, dyes, textiles, woolen products, rugs, and vegetable oils like mustard and soybean. Among the heavy industries in Rajasthan are copper / zinc smelting and railway rolling stock manufacturing. Rajasthan’s key business strengths include mineral-based industries, tourism, textiles, gems, and jewellery. A number of commodities are produced in Rajasthan, including cement, copper, zinc, lead, and zinc alloys. With its deep mines across the state, it produces the largest amount of stones and marble in the country. As a result, the importance of Online Trademark Registration in Rajasthan is manifold due to the above-mentioned reasons.
Who is Eligible to Register a Trademark in Rajasthan?
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Rajasthan allows to register trademark for the following entities:
- Firms that are private,
- The general public,
- Corporations,
- NGOs or Limited Liability Partnerships.
Trademark Registration in Rajasthan : Benefits
The following are some of the benefits of trademark registration in Rajasthan
- Product differentiation
A trademark registration represents a specific product or good. By registering your product, you will be able to differentiate it from those of your competitors. Due to the fact that the trademark registration will cover the entire class of products or services represented, your products will be able to be identified uniquely. Different trademarks will make your products or goods more recognizable to customers.
- Recognition of trademarks
In India, trademark registrations are valid for 10 years from the date of filing. After ten years, the owner can also renew it. You need to obtain approval or registration in the respective countries where you intend to use your Trademark if you wish to use it outside of India. When this happens, your trademark registration in India serves as a foundation to get registrations in other countries.
- Business expansion
You can build a solid customer base and expand your client base with a unique trademark. A registered trademark gives you exclusive rights to use it for ten years and safeguards your profits. By introducing new products and expanding their business, businesses can leverage the advantages of a client base.
- Recognizing a brand
Customers connect a product’s quality, features, etc., with the company that makes it. Generally, they recognize a product by its logo, which is a registered trademark. Your products and services will be recognized as a result of trademark registration. Additionally, it generates goodwill associated with the brand. Therefore, your brand is recognized and has market value.
- Protection under the law
Intellectual Property includes trademarks, which are protected from infringement. The registration of a trademark also confers the exclusive right to use the trademark in relation to the “Class” of products or services it represents. Upon filing the trademark application, the Symbol “TM” can be used with your products, and the Symbol “R” can only be used after obtaining the Trademark Registration Certificate. The owner of a registered trademark can sue anyone who tries to copy, sell, or distribute it without the owner’s permission.
Trademark Registration in Rajasthan: Documents Required
- The applicant’s name, nationality, and address.
- In the case of a company or LLP, the incorporation certificate.
- If your company qualifies for the lower filing fee, you can refer to Udyog Aadhar Registration.
- A detailed description of the goods or services represented by the trade mark.
- In a trademark application, a trademark class (from a total of 45 trademark classes) must be mentioned, but a multi-class (Class 99) trademark application can also be filed.
- A power of attorney in Form TM-48 Format (Form of Authorization of an Agent) must be signed by the applicant.
Trademark Registration in Rajasthan: Procedure
Step-1- TM Search (Search for Mark Availability) : An applicant should conduct a search (to determine whether their trademark is unique or similar to a registered trademark) before applying for trademark registration. To do so, an applicant can go to the MCA website and conduct a public search for the respective mark. You can also search the online database by choosing your class
Step-2- Choosing a Unique Trademark (Class): To file for a trademark application, an applicant must choose a unique and distinctive mark that is different from trademarks already registered. In addition, it is important to identify which class an applicant belongs to. Currently, trademarks can be registered under 45 classes of goods and services.
Step-3- Application for a trademark: An applicant can file a trademark application under only one class, i.e. An applicant can register a trademark only for the class he or she has chosen. Form TM-1 must be filled out for that purpose. It is also possible to register multiple classes of trademarks, series of trademarks, or collective trademarks. To register a trademark beyond one class, an applicant must fill out Form TM-A. In order to file the application, the user must register for logging in. Using the existing User ID and Password, the user can log in if he is already registered.
Step-4- The payment of the required fee: Form TM-1 must be filed for a fee of 3,500 rupees. The fee for filing Form TM-A can be broken down into two categories:
An applicant who is not a start-up, small enterprise, or individual will have to pay Rs 9,000 if they file the form electronically or Rs 10,000 if they file it physically.
An applicant who is an individual, small business, or a start-up will fall under this fee structure. Rs 4,500 is the fee for e-filing or Rs 5,000 if you file the form physically.
When filing a trademark application, an applicant must consider all the factors that are relevant. An application may be rejected if a single mistake is made.
Step-5- Application for a trademark: It is possible for an applicant to submit the application on their own or through an agent. Online submissions will be confirmed immediately. In the case of physical submission, it may take 15-20 days.
Step-6- The registrar examines the application: After an applicant submits an application, the Registrar will verify whether the applicant has followed the requisite criteria, namely that the mark name complies with the existing law.
Step-7- In case of discrepancies, reply to the examination board: It is possible for the authority to raise objections or ask for clarification during the examination of the application. In this regard, the applicant must be careful while replying to the query and the response must be backed up by reliable judicial decisions and legal interpretations.
Step 8: Indian Trademark Journal Publication of Mark: As soon as the Registrar has completed the examination, the Registrar will publish the applied brand name in the Indian Trademark Journal. From the date of publication, there should not be any opposition within 3-4 months in some cases. If no inquiry is raised, then the acceptance process is initiated.
Step 9- Certificate issuance: The Registrar will accept the trademark application if no opposition is raised within 90 days. Trademark Registry seals the Registration Certificate issued by the Registrar.
Conclusion
The trademark registration process in Rajasthan is simplified by filing your trademark online if you want your brand or product to be recognized. This is a mark of uniqueness that contributes significantly to the image of your brand. Therefore, you should register your trademark as soon as possible.
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