Overview of Trademark Registration in Hyderabad
Hyderabad is a bustling city with a panache for the development of business hubs. In such an environment a business entity can be largely benefitted with the registration of a trademark. This registration can help an entity to differentiate its products from other competitors in the market. Procuring a trademark registration is a cumbersome process but with the help of experienced professionals, this feat can be achieved smoothly.
Benefits of Trademarks for Businesses in Hyderabad
1. Helps in Recognizing the brand
2. Provides Legal Protection
3. Paves the way for International Registration of the mark
4. Helps in the creation of Intellectual Property
5. Helps in promoting goodwill
Fees for Trademark Registration in Hyderabad
Generally, the cost can be classified in two manners:
Government Fees: This fee is dependent on the business structure. It ranges from INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, this fee is INR 9,000 except for businesses registered under MSME or Start-up India registration.
Professional Fees: This fees is charged by the consultants and can vary on several factors.
How to Check the Status of Trademark Registration in Hyderabad?
It is necessary to keep track of your trademark application status once you have registered it. You can track the status of the application online by following the above-mentioned steps –
1. Search ipindia.gov.in.
2. Scroll and look for the trademarks option. Enter your application number and captcha and proceed further to check the trademark status.
Renewal of a Trademark in Hyderabad
Once an application is registered, it is valid for ten years. You can renew the registration again via the IP registry.
Eligibility Criteria for Trademark Registration in Hyderabad
It is necessary to keep in mind that there exists a certain set of requirements for any entity to be eligible for registration –
Who is eligible – Any person, company or a business entity.
The desired applicant should have a mark that is non-identical and non - descriptive and the applicant should have the legal intent to use that mark. It is to be kept in mind that such a mark will only protect India unless you apply for international registration.
Documents Required for Trademark Registration in Hyderabad
The list of documents that are required for trademark registration depends on the type of business structure a person is engaged in and whether that person is an Indian National or a Foreign National:
1. Sole Proprietor or Proprietorship Firm:
• A Logo or Trademark Copy in JPEG or PNG format (obligatory)
• Form- TM-48
• Identification Proof of the owner/Proprietor
• Valid address proof
• Trademark description that contains a description of goods or services
• Mobile Number and email address of the proprietor
2. Documents for Company/Partnership/LLP - MSMEs
• A Copy of the Logo or Trademark in JPEG or PNG format (obligatory)
• Form- TM-48
• Udyog Aadhaar Registration Certificate/Startup Recognition certificate
• Partnership deed/LLP Incorporation Certificate/Certificate of Incorporation of Company
• Identification proof of the Authorised Signatory
• Address proof of the Authorised Signatory
• Digital signature certificate (DSC)
3. Documents for Company/Partnership/LLP - Non-MSMEs
• A Copy of the Logo or Trademark in JPEG or PNG format (obligatory)
• Form- TM-48
• Proof of Identification of the organization’s Authorised Signatory
• Proof of address of the organization’s Authorised Signatory
4. Documents for Trust/Society/Statutory Body - MSMEs
• A Copy of the Logo or Trademark in JPEG or PNG format (obligatory)
• Form- TM-48
• Udyog Aadhaar Registration Certificate
• Trust deed/registration certificate
• Identity proof of the Authorised Signatory
• Address proof of the Authorised Signatory
Trademark Registration Process in Hyderabad
The process for registration of a trademark involves the below-mentioned steps:
Step 1: Trademark Search in the IP registry
Ideally, a trademark search should be conducted before filing of application, to check whether there are similar or identical marks.
Step 2: Filing of the Application
Filing of the trademark application combined with the complete documentation that represents the desired trademark and the class under which the goods fall.
Step 3: Examining the application
Then the Intellectual Property (trademark office) examines the application to check whether all legal compliances are followed or not. This process can take a few months.
Step 4: Publication of application in the Trademark Journal
If the mark passes the examination stage without any anomalies, then it is published in the Trademark Journal for the opposition process. At this stage, the mark is in the public domain.
Step 5: Opposition (if applicable – variable cause)
If a party raises an opposition, then a hearing is scheduled to resolve all disputes before moving forward with the registration.
Step 6: Issuance of Registration Certificate and granting of trademark
In the case of no oppositions, or such oppositions are resolved, a certificate of registration is issued that confers exclusive rights to the owner.
Conclusion
Trademark registration is a crucial step for an organization to differentiate their IP and obtain legal protection for their goods. With the help of an aware consultant, this registration can be done efficiently.
eStartIndia is one of India's leading legal services platforms. It helps you Register your Trademark without any hassle at an affordable cost.
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