A trademark is any mark, logo, name, symbol, letter, figure, or word that a person or business uses to distinguish its products or services from those of other companies or individuals. As a result, customers need to be able to differentiate one’s products or services from those of others. The Trade Marks Act of 1999 sets the rules for trademark registration in Rajasthan. Trademark registration is crucial because it is authorized by law by the government to grant the owner exclusive rights to brand, sell, manufacture, and use products and services.
The significance of registering trademarks online in Rajasthan
Rajasthan is the largest state in India in terms of area. It shares borders with Punjab, Haryana, Uttar Pradesh, Madhya Pradesh, and Gujarat. Cement, auto parts, ball bearings, sugar, chemicals, dyes, textiles, woolen products, rugs, and vegetable oils like mustard and soybean are among Rajasthan’s main industries. Copper and zinc smelting and the production of railway rolling stock are examples of heavy industries in the state of Rajasthan. Mineral-based industries, tourism, textiles, gems, and jewelry are among Rajasthan’s primary business strengths. Cement, metals like copper, zinc, lead, and other commodities are primarily produced in Rajasthan. With deep mines located throughout the state, it is the nation’s largest producer of marble and stones. Therefore, the significance of online trademark registration in Rajasthan multiplies for the aforementioned reasons.
Who is qualified to submit an online trademark registration application in Rajasthan?
Private businesses, individuals, corporations, limited liability partnerships, and non-governmental organizations are all eligible to file trademark applications in Rajasthan.
Procedure for Online Trademark Registration in Rajasthan
Below given is trademark registration in Rajasthan process
Step 1: Search for Mark Availability (TM Search) Before applying for trademark registration, it is recommended that an applicant search (to check whether the trademark is unique or similar to the registered mark). Note that the trademark application must be filed in the name of the concerned business in the case of Companies, Non-Profit Organizations, and LLPs. In the same vein, an applicant can conduct a public search of the relevant mark on the MCA website.
Step 2: Selecting a Unique Trademark (Class) Prior to filing a trademark application, an applicant must select a distinctive and unique mark that must be distinct from registered marks. Step 2: Searching the Online Database
Second, it’s critical to know which class an applicant falls into. The trademark can currently be registered for 45 categories of goods and services. Note that classes 35-45 are for services, while classes 1–34 are for goods.
Step 3: Submitting the Trademark Application While submitting the trademark application, an applicant can apply for a trademark in only “one” class—that is, only for the class that the applicant has selected. Form TM-1 must be completed for that.
The second option is to apply for a trademark with multiple classes, series, or a collective name. For the same reason, an applicant must fill out Form TM-A. This form lets you register a trademark for more than one class. The applicant must register before logging in to file the application. The existing User ID and Password can be used to log in if the user is already registered.
Step 4: Paying the Required Fee The filing fee for form TM-1 is 3,500 rupees.
Rupees 9,000: If an applicant is not a start-up, small business, or an individual, they will be required to pay Rs 9,000 for e-filing the form or Rs 10,000 if they file the form physically. The fee for filing Form TM-A is divided into two categories.
Rupees 4,500 – The applicant will be subject to this fee structure if they are an individual, a small business, or a start-up. The fee for e-filing the form is Rs 4,500, and the fee for physically filing the form is Rs 5,000.
Before submitting a trademark application, an applicant must take into account all relevant factors. The application may be rejected for a single error.
Step 5: Submitting a Trademark Application An individual applicant or an agent can submit the application. In the event of an online submission, the submission will be confirmed immediately. Physical submission, on the other hand, may take anywhere from 15 to 20 days.
Step 6: Examination by the Registrar After the application has been submitted, the Registrar will check to see if the applicant met the necessary criteria, such as whether the mark name complies with the law.
Step 7: In the event of discrepancies, respond to the examination board in a response. During the application’s examination, the authority may object to the application or request additional clarification. Also, the applicant needs to be careful when answering the question, and the answer needs to be backed up by accurate judicial decisions and legal interpretation.
Step 8: Publication of the Mark in Indian Trademark Journals Following the Registrar’s Examination The applied brand name will be published in the Indian Trademark Journal by the Registrar. There should be no opposition to the mark within three to four months, depending on the circumstances, from the date of publication. The process for accepting the offer is started if no questions are asked.
Step 9: Certificate Issue If the Registrar receives no opposition within the allotted 90 days, the trademark application will be accepted. The Registration Certificate bears the Trademark Registry seal and is issued by the Registrar.
Conclusion If you want your brand or product to be recognized, trademark registration in Rajasthan is a good idea. Online filing also makes the trademark registration process easier. It is a distinctive mark that significantly contributes to the development of your brand’s image. So, register your trademark right away.
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