Updated on November 12, 2024 12:54:37 PM
Trademark registration will become even more essential (to those who are in Delhi) because mostly all commerce operate from here so be speedy and smart enough to register your trademarks, else you may have a hard fight thereafter. Due to Brand protection risks rising, it becomes imperative for the applicant filing a trademark application under Indian Trademark Act 1999.
From 2013 to 2022 on average over the year more than 4,50,000 trademark filings in India were filed which clearly shows that awareness is increasing when it comes to IP rights. Trademark registration is the only route and to avoid it would be a suicide in an overgrown country like India, especially if you are stationed at Delhi.
It describes the details of registration, search and how to register a trademark in Delhi. However, for expert opinion in this area Litem Legalis is ready to provide you assistance with getting your trademark registered while ensuring your IP remains safe in the competitive era.
A trademark is a symbol or mark that distinguishes a product or service from others. It can be a word, phrase, a combination of colours, the shape of the product or three-dimensional image. Trademark Registration in Delhi aids to determine a particular brand and create trust among the target audience.
There are several kinds of Trademark, but some are very common these are given below:
Trademark Registration | Details |
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6 months to 24 months | |
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₹4,500 | |
Online and Offline (Both) |
The complete process of Trademark Registration in Delhi can be clear by the below steps:
When an applicant decides to register the trademark, they must conduct a thorough TM search. TM search is an initial step to clarify the availability of the trademark. This search makes a low probability of rejection.
After conducting a thorough TM search the applicant goes for the application filing. During this step, the applicant must fill out an appropriate Trademark class. This class defines the nature and origin of the product or service. All the goods come under class 1 to 34 and services come under class 35 to 45.
After filing the TM application, that goes for the examination. Department inspection for similarities, deceptiveness, and absolute grounds for refusal of the Trademark according to sections 9 and 11 of "The Trademark Act, 1999".
If the registrar finds any similarity during the Trademark Registration in Delhi, the application will send a reply. And if they accept the application, they will advertise in a journal.
At this step, the applicant gets a notice of similarities in trademark and the applicant gets time to provide all the related statements to prove themselves. This step is not mandatory, but in case of any similarity or any objection, the applicant has to reply to the examination report and submit a favourable statement to prove their side.
At this step when the registrar gets satisfied and there are no similarities with other trademarks, the Trademark will be advertised in the journal. Here the trademark will be published and if any third party has any issues related to the trademark they can raise opposition within four months.
After publishing the Trademark any other brand or third party has issues with the trademark, an opposition may be filed by the third party. At this step, the department gives equal opportunity to both parties to prove their side. If the third party succeeds in proving the similarities of TM with their mark, the application will be rejected. But if the applicant makes a relatable statement and the registrar gets satisfied then the trademark will be completely registered.
This is the last step of the TM Registration procedure. At this step, the applicant receives the registration certificate of the trademark. After that, they get permission to use the symbol ® in front of their logo or brand name. This symbol determines that the brand is legally registered. It helps to give a unique identity to the brand and also provides several exclusive rights over the brand name.
The complete fees structure of Trademark Registration in Delhi is given below:
Trademark Registration In Delhi | Government Fees (Online) | Government fees (Offline) |
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TM Registration fees for individuals | 4,500/- | 5,000/- |
TM Registration fees for company | 9,000/- | 10,000/- |
TM Amendment fees | 900/- | 1,000/- |
Trademark Renewal fees | 9,000/- | 10,000/- |
Trademark Restoration fees | 9,000/- | 10,000/- |
TM Belated Renewal fees | 9,000 +3,000/- | 10,000 + 3,000/- |
TM Rectification fees | 9,000/- | 10,000/- |
Trademark Opposition process fees | 2,700/- | 3,000/- |
Hearing fees of TM registration | Nil | Nil |
Fees for Reply to TM Examination Report | Nil | Nil |
Note: Apart from the Government fees mentioned above, professional fees will also be charged for the Trademark Registration Process.
Fees for Trademark Registration in Delhi are different according to the type of business. The applicant can register the trademark online and offline as well as at their convenience. TM Registration completion process is a long process with many stages. So the applicant has to pay accordingly.
The basic government fee for Trademark Registration in Delhi is ₹ 4500 only for online registration and ₹ 5000 only for offline registration for one class. If the applicant wants to register their mark in more than one class, the cost of TM registration will be multiplied according to the number of classes.
Required documents are given below that required for the Trademark Registration:
Note - Proof of Use - Submit supporting documents (such as Domain bill, Invoice containing Mark, images of the product with Mark, etc) with the New and Old dates, which can work as proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.
Due to its prominence as the national capital, Delhi is a very significant location. This location hosts numerous businesses, which increases the possibility of substantial brand infringement. However, there are numerous advantages to Trademark Registration in Delhi, as shown by the following points:
Trademark Registration in Delhi is a very long and complex procedure and involves high chances of rejection. Here “Litem Legalis” is a team of professional advocates that can make your registration process hassle-free. There are several reasons for choosing “Litem Legalis” such as
Free Legal Advice
Expert Lawyers
Lowest Fees
Quick Process
Trademark Registration in Delhi provides a number of benefits to the organizations which are interested in the establishment of a strong and easily recognizable brand. As per the registration procedure – From performing trademark search to issuance of the registration certificate, companies get the shield against brand misuse, confidence of the consumers, and growth of business. Because of these circumstances that may cause rejection of the application, it is advisable to seek counsel from the professionals especially from Litem Legalis to enable one to know the right procedure to follow in conducting the process as well as completing all the necessary forms to ensure a strong protection of the invention.
The required Registration Fees for Trademark Registration in Delhi is ₹4500 per class for individuals and ₹9000 for companies.
Trademark Registration in Delhi is divided into many stages such as conducting a TM search, filing a TM application, examination by the department, opposition process, advertising in a journal and registration certificate.
The Required documents for Trademark Registration in Delhi are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.
Any individual or business organisation is eligible for Trademark Registration in Delhi, but their Trademark should be different from the marks that are already registered.
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