Trademark registration in Bihar– Trademark registration is the process of legally protecting a business’s brand name or logo from unauthorized use by competitors. It provides exclusive rights to the owner of the trademark and prevents others from using similar marks. In Bihar, trademark registration is governed by the Trademark Act, 1999, and is carried out by the Trademark Registry.
Meaning:
Trademark registration is the process of securing exclusive rights to a business’s brand name or logo. It is a legal protection that prevents others from using a similar mark and helps businesses establish brand identity.
Definition:
Trademark registration is a legal process that provides exclusive rights to the owner of the trademark. It is a legal protection that prevents others from using a similar mark and helps businesses establish brand identity.
Features:
Trademark registration provides exclusive rights to the owner of the trademark, which enables them to use the mark exclusively for their business activities. It also helps businesses establish brand identity, which is crucial for building brand reputation and customer loyalty.
Types:
There are several types of trademarks, including word marks, device marks, service marks, collective marks, and certification marks. Word marks consist of words, letters, numbers, or a combination of these, while device marks consist of logos, symbols, or designs.
Costs:
The cost of trademark registration in Bihar varies depending on the type of mark and the number of classes the mark falls under. The fee for individual applicants is Rs. 4,500 per mark per class, while the fee for a company or partnership is Rs. 9,000 per mark per class.
Time Involved:
The time involved in trademark registration in Bihar varies depending on the completeness of the application and the verification process by the Trademark Registry. Generally, the process takes 18 to 24 months.
Advantages:
Trademark registration provides several advantages to businesses operating in Bihar. It helps businesses establish brand identity, which is crucial for building brand reputation and customer loyalty. It also provides legal protection against unauthorized use of the mark and enables businesses to take legal action against infringers.
Disadvantages:
The process of trademark registration in Bihar can be time-consuming and costly for businesses, especially for small and medium-sized enterprises. It also involves a risk of rejection if the mark is similar to existing registered marks or if it does not meet the criteria for registration.
Documents Required:
The following documents are required for trademark registration in Bihar:
- Application form for trademark registration.
- Copy of the trademark.
- Proof of business registration.
- Power of attorney (if filed by a trademark agent).
- Details of goods or services for which the mark is intended to be used.
- Any other relevant documents as required by the Trademark Registry.
Trademarks and service marks are applied to a producer’s or a merchant’s items and administrations to recognize them in the commercial center – an important promoting apparatus, in certain conditions. A brand name or administration mark keeps someone else from offering a comparative item or administration confusingly like yours. In the event that you don’t enlist your brand name, you might be disallowed from utilizing it by somebody who has.
A Trademark is basically a brand name. It might contain a word, name, blend of words or names or an image used to distinguish and furthermore separate products/administrations created/given by one merchant from those presented by different dealers. Demonstrating wellspring of the commodities is likewise utilized.
For a Trademark to be registrable, it should have a particular person and must likewise play out the essential Trademark work. Registrability is a continuum with naturally particular imprints as well as undefined distinct/nonexclusive imprints at the two closures. Moreover, the two focuses should include erratic/interesting imprints in the middle between them. To be protectable, the expressive imprints should obtain uniqueness through auxiliary significance.
A Trademark for the most part alludes to a “brand” or “logo”.
Brand name enlistment can likewise be acquired for a business name, unmistakable expressions, slogans or inscriptions.
Appropriately utilized and advanced, a Trademark might turn into the most significant resource of a business. Brand names, for example, Coca Cola, HP, Canon, Nike and Adidas act as a sign of beginning of the products as well as a sign of value.
It is likewise fundamental to acquire brand name enrollment for the business name/trademark under the Trademarks Act. Enrollment of an organization or business name under the Companies Act doesn’t in itself give insurance against other people who could initiate utilizing indistinguishable or comparative imprints.
In like manner language brand name is the character of the business. Overall population and individuals regarding the exchange relate to exchange mark the beginning of the labor and products. It very well may be name, logo, images, gadget or a blend of them.
Documents required for Trademark Registration in Bihar:
Brand name enrollment is a significant instrument through which a brand can be safeguarded from undesirable use and encroachment. Brand name enlistment process in India has been streamlined by the Government and Entrepreneurs can now effectively get brand name enrollment for their brands inside a couple of months. In this article, we take a gander at the archives expected for acquiring brand name enlistment in India.
Note: During the brand name application process, there is no necessity for submitting unique records. Filter duplicate of the first archive would get the job done the prerequisite.
People and Sole Proprietorship
Any individual – Indian National or Foreign National can without much of a stretch register a brand name in India. There is no necessity for framing a legitimate substance or business element to enlist a brand name. Further, the archives expected to enlist a brand name for the sake of an ownership are equivalent to that of a person as under:
Duplicate of the logo, ideally in dark and white (Optional). In the event that logo isn’t given, the brand name application can be petitioned for the word.
Marked Form-48. Structure 48 is an authorisation from the candidate to a Trademark Attorney for recording the brand name application on his/her benefit.
Character Proof of the individual or Proprietor.
Address Proof of the individual or Proprietor.
Organization/LLP/Company – Small Enterprise or Startup
The brand name enrollment charge shifts between Rs.4500 to Rs.9500. For little endeavors, new businesses, ownerships and people, the lower brand name expense of Rs.4500 is material. For any remaining substances, the brand name government expense relevant is Rs.9500. To be delegated a little endeavor, the candidate would need to give Udyog Aadhaar enlistment authentication. Further, notwithstanding the Udyog Aadhaar enrollment, the accompanying subtleties would be required.
Organization/LLP/Company
If there should be an occurrence of an organization firm or LLP, the business visionary would need to present the accompanying:
Duplicate of Logo (Optional)
Marked Form-48.
Udyog Aadhaar Registration Certificate.
Consolidation Certificate or Partnership Deed.
Personality Proof of Signatory.
Address Proof of Signatory.
Privileges Conferred by a Registered Trademark
The owner of an enlisted brand name has restrictive privileges in the brand name. Such freedoms are encroached by such utilization of the brand name in Malta when:
the utilization over exchange is made of a sign which is indistinguishable with or like the brand name according to labor and products which are indistinguishable with or like those for which it is enlisted; and there is the probability of disarray with respect to general society, including the probability of relationship with the brand name;
the utilization over exchange is made of a sign which is indistinguishable with or like a brand name according to labor and products which are not like those for which the brand name is enlisted, yet the brand name has a standing in Malta and such use exploits or is inconvenient to the unmistakable person or the notoriety of the brand name.
Grasping brand name images
TM, R and C image are utilized with a brand name or copyright to show that licensed innovation is enrolled by its proprietor or designer and that the proprietor has right to document a grievance or can take any business to the court assuming they have taken the thought or some other protected innovation having a place with the thought proprietor or creator . TM, R, and C images frequently produce interest among everyday citizens and they need to know why the greater part of the brands or craftsmen utilize these images with their logos, Brand-name, Business name or gadgets and imaginative work.
Brand name Symbols or TM Symbols
A Trademark is a novel imprint that is utilized to particularly and independently distinguish a business exchanging labor and products from other association who might be in same business or same classification. To get a brand name, an owner needs to document a brand name application with the Registrar of Trademark in India and afterward just The TM image can be utilized. Enrolling a brand name guarantees the right of an individual by giving lawful proof of possession.
SM Symbol
An image “SM” is utilized to signify the brand name for services.SM or Service Mark is an image utilized with brand name applications that are documented under class 35-45.A help mark is utilized to promote of the administrations. Involving the TM image for all classes or utilizing a SM mark for brand name application under class 35-45 are both OK.
R Symbol
The R image signifies a brand name is enrolled and the Owner or maker of a brand appreciates insurance from encroachment and infringement of the Trademark regulations In India. It helps in forestalling unapproved use and duplicating of the administrations and items that are presented by the business.
C Symbol
The C image is utilized to imply that a proprietor of innovative work has copyright and his imaginative work like fine art, photography; ideography, books, artistic works, programming and so forth are safeguarded by regulation.
Brand name Protection
Though licenses and copyrights are essentially used to safeguard the business freedoms of designers and makers of creative or scholarly works, individually, the fundamental idea driving a brand name or administration mark is to forestall unjustifiable contest.
Brand name regulation safeguards you, the proprietor, from contenders taking your character or utilizing a name or image so comparative that it could create turmoil for your clients or clients. By distinguishing an item or administration’s source, a brand name or administration mark additionally shields shoppers from trickiness.
Brand name Objection Reply
Brand name enrollment is a sort of licensed innovation insurance, under which a word or visual image utilized by a business to recognize it labor and products from other comparative labor and products beginning from an alternate business can be secured. To enroll a brand name, a brand name application should be documented by the candidate with the pertinent Trade Mark Registrar in the endorsed design. When a brand name application is recorded, the Trade Marks Registrar would deal with the application and issue an Examination Report. Among the results, the Trademark Examination Report could take into account the brand name application to be promoted before enlistment or the Trademark Examiner could mention a criticism for enrollment of the imprint.
In situations where in the Trade Mark Registrar mentions a criticism for enrollment of a brand name, the candidate has an amazing chance to present a composed answer for the complaint raised. The answer to the Trademark Examination Report ought to contain reasons, realities and confirmations concerning why the imprint ought to be enrolled for the candidate alongside supporting proof, if any. On the off chance that the Trademark Examiner finds the answer adequate and addresses every one of the worries raised by him/her in the Examination Report, the application would be permitted to be distributed in the Trademark Journal, before enrollment.
Renewal of Trademark Registration
Brand name Renewal solicitations can be documented in no less than a half year before the expiry of enlistment or restoration. Before expiry of the last enrollment of a brand name, the Registrar will send a notification as a suggestion to the enlisted brand name proprietor viewing the lapse and conditions with respect to the installment of the charges. On the off chance that the enlistment isn’t gotten according to the endorsed conditions then the Registrar can eliminate the brand name from the brand name register.
Assuming one misses the cutoff time for the brand name recharging demand, it tends to be documented in the span of a half year after the expiry of enlistment or the restoration as the case might be in the endorsed way alongside a late recording charge.
The brand name recharging should be possible in two ways:
1. You can apply recharging to change any sign or words in the all around existing exchange mark; or
2. You can apply restoration without a change.
Recharging Process and Forms
1. The use of reestablishment is made in structure TM-12
2. The application can be made by either enlisted proprietor of the brand name or a specialist approved by him.
3. You actually should accept the assistance of an expert to petition for recharging of a brand name application to guarantee that the imprint is all around secured. This is on the grounds that you might need to expand the extent of security. All things considered, assuming your image has endure 10 years, almost certainly, it would have grown out of the classes you had first enrolled it under.
4. Recording a brand name reestablishment application broadens assurance by an additional 10 years. The brand name enrollments are substantial for an additional 10 years,
Conclusion:
Trademark registration in Bihar is a crucial aspect of business operations in Bihar. It provides legal protection to businesses and helps them establish brand identity. While the process of trademark registration can be time-consuming and costly, it provides several advantages to businesses, including legal protection and the ability to take legal action against infringers. If you are planning to start a business in Bihar, it is essential to consider trademark registration to protect your brand and establish your presence in the market.