Trademark Registration in Uttarakhand - Complete Process, Fees and Documents

Updated on October 08, 2024 09:50:31 AM

Trademark registration in Uttarakhand is necessary for establishing and protecting a brand's identity against a rapidly changing market. During the period from 2013 through 2022, over 450,000 trademark applications were filed across India; this clearly indicates a growing sense of awareness regarding the need to protect intellectual property. The "Indian Trademark Act, 1999" grants exclusive rights to trademarks, thereby allowing a business to legally protect names, logos, and symbols against infringement.

Now, in Uttarakhand, with the increasing need, a registered trademark becomes a booster for brand reputation, builds the consumer's trust, and also helps to avert and provide legal remedy against unauthorized use. Increasing need with the evolving infrastructure and business in the state of Uttarakhand, Contact Litem Legalis for registration process smoothly and effectively.

Trademark Sample Certificate
TM-Devicemark-Sample
table content image

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 Uttarakhand 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 Uttarakhand

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 Uttarakhand

    The complete process of Trademark Registration in Uttarakhand 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 Uttarakhand, 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 Uttarakhand

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

    Trademark Registration In Uttarakhand 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 Uttarakhand 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 Uttarakhand 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 Uttarakhand

    Due to its prominence as the national capital, Uttarakhand 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 Uttarakhand, 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 Uttarakhand 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 Uttarakhand 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

    Trademark registration in Uttarakhand becomes a very vital legal procedure for every business, which wants to keep its brand identity secured through the intellectual property rights. The advantages that come along with the registration have many facets towards proper and overall protection from trademark infringements, boosting the brand reputation, and diluting confusion amongst consumers. These steps range from a comprehensive trademark search to obtaining the final registration certificate. Though the registration of a trademark may be time and resource-consuming, its benefits far outweigh the problems encountered during the process of registration. Through the registration of a trademark, businesses in Uttarakhand can ensure that they lay a firm foundation in the market, dissuade potential infringers from stealing their customers, and also establish an asset that will be relevant for future business development. Contact Litem Legalis team is here to assist you

    [Disclaimer: The content provided on this site is intended for informational purposes only. Accessing or utilizing this site and its materials does not establish an attorney-client relationship. The information contained herein does not constitute legal or professional advice and should not be relied upon as such. It is not a substitute for obtaining legal counsel from a qualified attorney licensed in your jurisdiction]

    Frequently Asked Questions (FAQs)

    What is the Trademark Registration Fee in Uttarakhand?

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

    How to Register a trademark in Uttarakhand?

    Trademark Registration in Uttarakhand 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 Uttarakhand?

    The Required documents for Trademark Registration in Uttarakhand 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 Uttarakhand?

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

    Get In Touch

    Support

    Speak Directly to our Expert Today