Trademark Registration in Sikkim - Complete Process, Fees and Documents

Updated on November 12, 2024 07:24:38 AM

Trademark registration in Sikkim is important as it provides legal right to the businesses to secure their brand in the expanding economy. More than 4,50,000 applications have been filed for trademarks between 2013 and 2022 in India, which highlights the significance of IPR protection. This is accomplished through the Indian Trademark Act of 1999, which affords legal status and exclusivity of brand name, logo, and symbol, against any incursion.

Registering a trademark in Sikkim promotes brand credibility and trust among the consumers, which in turn helps to work toward the long-term success of business. The proper framework and suitable environment for business activities in Sikkim also contribute to the necessity of trademark registration. Contact Litem Legalis team will help you for a smooth and efficient trademark registration throughout the process.

Trademark Sample Certificate
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What is a Trademark?

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 Sikkim 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:

  1. Word Mark(any word, letter or phrase)
  2. Sound Mark(any unique sound)
  3. Collective Mark(used by a group of companies)
  4. Service Mark
  5. Colour Mark( any colour or combination of colours)
  6. Shape Mark
  7. Certificate Mark

Overview of Trademark Registration in Sikkim

Trademark Registration Details
  • Duration
  • 6 months to 24 months
  • Process of TM Registration
    • Conduct a TM Search
    • Filing the TM application
    • Examine the application
    • Reply to the examination report
    • Advertise in Journal
    • Opposition process (not mandatory)
    • Registration certificate
  • Required Documents for TM Registration
    • LOGO
    • Nature of Goods & Service
    • Email ID & Mobile No.
    • Identity proof
    • GST Signed Power of Attorney
    • Signed User Affidavit
    • MSME Certificate
    • Start-up Certificate
  • Trademark Registration Fees
  • ₹4,500
  • Mode of Trademark Registration
  • Online and Offline (Both)

    The complete process of Trademark Registration in Sikkim

    The complete process of Trademark Registration in Sikkim can be clear by the below steps:

    Step 1: Conduct a thorough TM Search

    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.

    Step 2: Filing the TM Application

    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.

    Step 3: Examine the TM Application by Department

    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 Sikkim, the application will send a reply. And if they accept the application, they will advertise in a journal.

    Step 4: Reply to Examination Report

    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.

    Step 5: Advertise in Journal

    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.

    Step 6: Opposition Process

    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.

    Step 7: Registration certificate

    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.

    Fees structure of Trademark Registration in Sikkim

    The complete fees structure of Trademark Registration in Sikkim is given below:

    Trademark Registration In Sikkim Government Fees (Online) Government fees (Offline)
    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 Sikkim 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 Sikkim 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.

    Documents Required for Trademark Registration

    Required documents are given below that required for the Trademark Registration:

    1. LOGO(if any)
    2. Nature of Goods & Service
    3. Email ID & Mobile No.
    4. Aadhar Card(for individual applicants)
    5. GST(if applicable)
    6. Signed Power of Attorney(if the applicant hires any professional)
    7. Signed User Affidavit
    8. MSME Certificate( for small enterprises)
    9. Start-up Certificate(for start-ups)

    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.

    Benefits of Trademark Registration in Sikkim

    Due to its prominence as the national capital, Sikkim 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 Sikkim, as shown by the following points:

    • Legal Protection: A trademark that is registered provides many legal protection to the trademark. It also prevents the Trademark from piracy and nobody else apart from the trademark owner can use that trademark for their commercial benefits. If anybody uses a similar mark, the owner has complete rights to raise opposition to protect their brand identity.
    • Brand Reputation: Building a great brand reputation and goodwill is made easier with TM registration. A registered trademark, denoted by the sign ® (Registered), gives consumers the security they seek in a product.
    • Business Expansion: Trademark Registration in Sikkim aids to distinguish the product or service of a business from that of the competitor. It also helps to give a unique and distinct identity that creates a different image in consumers' minds. All these key points help to get profit in business and help in business expansion in future.
    • Prevent Confusion: Many companies or traders in the marketplace provide the same kind of product or service. At this place, if any trader uses a similar mark for their brand it may cause confusion that can harm a brand.Therefore Trademark Registration is a very important part because it prevents confusion and gives clarity to consumers in choosing the right brand.

    How can “Litem Legalis” help you?

    Trademark Registration in Sikkim 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

    Free Legal Advice

    Expert Lawyers

    Expert Lawyers

    Lowest Fees

    Lowest Fees

    Quick Process

    Quick Process

    Conclusion

    The trademark registration in Sikkim is a part of the Trademark and Copyright Act, 1999, of Indian Parliament. It is one of the most important legal steps that any business undertakes to protect its brand identity. From an all-encompassing trademark search to the application filing, examination, and at times even opposition cases, these are the steps that make up the process of registration. This confers exclusive rights on the owner of the registered trademark and allows for legal action in case of infringement. Online registration charges are the basic government charge of ₹4,500 per class for individuals; rates differ under different entity types and filing methods. Trademark rights in Sikkim contribute to securing intellectual property, building consumer trust, and setting apart a brand. Due to the fact that Sikkim has a completely different business terrain of its own, getting their trademarks registered becomes imperative for businessmen to establish and protect brand presence for growth, as also to protect from unauthorized use of marks within the uniqueness of this northeastern state.

    Frequently Asked Questions (FAQs)

    What is the Trademark Registration Fee in Sikkim?

    The required Registration Fees for Trademark Registration in Sikkim is ₹4500 per class for individuals and ₹9000 for companies.

    How to Register a trademark in Sikkim?

    Trademark Registration in Sikkim 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.

    Which documents are required for TM Registration in Sikkim?

    The Required documents for Trademark Registration in Sikkim are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.

    What is the eligibility for TM registration in Sikkim?

    Any individual or business organisation is eligible for Trademark Registration in Sikkim, but their Trademark should be different from the marks that are already registered.

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