Logo/Brand Name/TM or Trademark Registration in Uttar Pradesh
Updated: 12 June, 2020, 01.40 pm IST
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Some business facts about Uttar Pradesh
- The state’s GDP is more than many nations, which accounts to about US$150 billion (2015-2016), such as Angola, Bangladesh, Hungary, Iceland, Monaco, Oman, Slovakia and many others.
- Agriculture remains to be the linchpin of the UP’s economy.
- Uttar Pradesh (UP) is the most populous state in India with a population of over ~200 million people and is prospering at a fast pace in term of GDP and economy.
- UP is the largest producer of food grains in the country and accounted for approximately 18.39 % share in India’s total food grain output in 2015-16. Major production of food grains in the state includes wheat, maize, rice, lentils, gram, pea and millet (bajra).
- With overall vegetable production of 26.12 million tonnes in 2015-16, UP has registered its name to be the 2nd largest producer of vegetables in India, after West Bengal.
- Uttar Pradesh is identified as a major milk-producing state in the country, accounting for around 20.55 % share in the overall milk produced in the country. As of June 2016, this state of India has had a total installed power generation capacity of 19,292.99 megawatt (MW).
- Owing to the state’s huge base of skilled workforce, it has transpired as a core point for IT and ITeS industries, including captive business process outsourcing (BPO), textile industry, sports, jewelryjewellery manufacturing and electronics. As per a study by The World Bank and KPMG, UP ranks 10th among Indian states for ease of doing business and 5th in abiding by labor regulations.
- UP government offers a huge range of fiscal incentives, subsidies, liberations, policy as well as help for businesses under the Infrastructure & Industrial Investment Policy, 2012 and Industrial and Service Sector Investment Policy. The state government proposed an investment of US$ 50.3 billion for development in power, transportation and health sectors.
- UP is an admired tourist spot in India primarily due to the presence of Eight Wonders of the World, in Agra- “Taj Mahal”. About 4 million foreign tourists visited Uttar Pradesh in 2016. During 2015-16, for the development of Varanasi, the amount sanctioned and by the Ministry of Tourism for the state, Under Pilgrimage Rejuvenation and Spiritual Augmentation Drive (PRASAD) scheme was recorded to be US$ 3.06 million and US$ 623.28 thousand, respectively. The tourism business in the state is stretching out at a higher rate and is a great contributor towards GDP growth.
- UP has recorded to attract Foreign Direct Investment (FDI) equity inflows worth US$ 563 million during April 2000 to March 2016.
- jewellery Jewelry manufacturing from Meerut, sports and fitness equipments from Meerut, Silks and brocades of Varanasi, Banaras, glassware from Firozabad, Ornamental brassware from Muradabad, chickan (a kind of embroidery) work from Lucknow, ebony work from Nagina, and carved woodwork from Saharanpur are important business that are prized worldwide.
- The traditional pottery centers are situated at Aligarh, Azamgarh, Bulandshahr, Chunar, Khurja, Lucknow, and Rampur. Khurja's utensils, flower bowls in blazed ceramic in blue, brown, orange green, are the highlights.
- Muradabad offers ethereal brass dishes and utility articles. Apart from, minakari on silver, diamond-cut, gold and silver ornaments have made Lucknow and Varanasi recognized worldwide.
- Carpets from Mirzapur and Bhadohi are rewarded globally.
- Good number of large factories that manufacture heavy machinery, electronics equipments, aircraft, steel, telephone, and fertilizers are established by Union Government.
- Development of coalfields in the southeastern district of Mirzapur, UP and an Oil refinery at Mathura are also major attraction of Union Government projects.
- The state government encourages small- and – medium scale industries and startups.
- The major factor driving the growth in the manufacturing sector in Uttar Pradesh is the availability of solid infrastructure, large pool of talent, robust network and logistics, and various investments and incentives policies provided by the state government.
- The state government released a whopping amount of US$ 6.11 million for the task of establishing Electronic Manufacturing Clusters along the Yamuna Expressway.
- UP state capacitate for large demand for fertilizers on account of the great availability of acreage combined with the giant size of the state.
- Affluence in the availability of raw material is a core element in establishment of cement plants. The state was station to 12 big cement plants with an accruing capacity of 7.2 million tons as of 2014-15,
What is Trademark Registration?
A Trademark can be a logo, design, statement, word or an expression or anything that mimics a business, brand or a product or service belonging to a certain individual, entity or an organization. Sometimes it is also referred to as "Service Marks". A fundamental fragmentation of the term would mean that any kind of mark that uniquely represents and recognizes its owner. So, if you are an entrepreneur or an established businessman, you definitely need to come up with a catchy and exclusive trademark that ram in into minds of masses. Remember that the more you distinguish your brand from others in your industry, the simpler it will be to protect. Select a logo, graphic, design or name that distinctly determine your business and will protect it from competitors.
Documents required for trademark registration
- A soft copy of the logo, symbol or name in JPEG format
- TM 48 (form of authorization).
- Name and address of the proprietor of the mark
- Date of first use of the mark.
- Required fee
Kinds of trademarks available
- Names, including your own name, surname, tradename or any other related name
- An originated term or any dictatorial word or words. It does not require being descriptive of the identity or quality attribute of the products/service.
- Alphabets, numerals or characters or any combination.
- Symbols, emblem, colophon
- Monograms and motifs
- Device, badge or insignia
- Solo color or Combination of colors in combination with a word or device.
- Shape of products or their packaging.
- Marks constituting 3-D sign.
- Sound marks when constituted in conventional notation or stated in words by being graphically represented.
Why is Trademark important?
Trademark is not only a legal representation of your company or brand name but it truly serves as a brand messenger, delivers brand value, ethics and, goals and accomplishments of a brand across its consumers, competitors, prospects and target market.
Reasons Why Trademarks Are Important to Your Business and various business goals
Even if you don’t notice it, but everyone deals with trademarks on a daily basis. “Trademark” is another distinctively creative another way of referring to brands.
Buyers’ buying decision is incited by trademarks and the character and credibility such brands represent. It is crucial for enterprise entities to have a thorough understanding of why trademarks are important assets and how they help their businesses to earn fame and fortune. Here are the top reasons of why trademarks are important to your business.
Trademarks are an effective tool for communication- In a single brand or logo, trademarks enable to deliver a clear conceptual as well as sentimental messages and characteristics about you, your company, your company’s market stature, and your company’s products and services.
Protecting your brand with a trademark offers you a unique identity, market presence and protocol. Your trademark does not need to be only a word or logo. Designs can be well recognized irrespective of alphabet or language. The American luxury fashion apparel and accessory brand “MK encircled” design is recognized globally, irrespective of whether the native language is English, Spanish, Mandarin Russian, Chinese, Arabic, Swahili or Hindi. The American lifestyle goods and sports brand Converse has an “encircled starred” logo which is known worldwide.
Trademarks make it super simple for buyers to find you- The marketplace is stuffed and it is nearly impractical to differentiate your brand from your competitors. Trademarks/logotype is a coherent communication strategy to attract customer attention and make your business, brand, goods and services catch the eye.
Customers spotting a trademark instantly strike who they are dealing with, the market standing of your business and are less likely to search for other options. Your brand could be a key factor in driving a customer’s buying decision.
Trademarks helps businesses in Building value- Potential investors are likely to be more interested in whether a business has trademarked its name, core products or services. Getting a Trademark registered not only increases security, but also aids transparency in any merger, acquisition or franchising of the business, positively impacting its perceived value.
Value for lifelong- Trademarks are like a property asset, same as real estate that can be purchased, sold, licensed (like renting or leasing) or used as a security interest to attain a loan to expand your business.
Trademark helps your business grow- Let's say if you have an organization that deals in the electronic appliances. But, after some diligent hard work, you want to expand your line of products and decide to enter into computers, TV and music systems or audio hardware business as well. If you are nobody, there are possibilities that you will fail. But, if you are a known businessbusinessman in the market and have a known trademark, then people can trust your brand regardless of what product category you are expanding in.
Having a registered trademark will let you have an open ownership on all the products you produce or own. It can successfully take you to places. You can literally stamp your trademark on your products. Yes, that too is allowed.
If you still doubt about the mighty power of a registered trademark for your business, you should once go through the "Microsoft vs. MikeRoweSoft" case. It is a comical case- but, it essentially projects what a trademark can do for you. The crux of that entire case would be that the World’s top software development colossal Microsoft sued a 12th STD Canadian student because of his website named "mikerowesoft.com". As stated by Microsoft, mike's website vocally duplicated their brand. At the end, a verdict was drawn by both the parties and the case got settled down. Microsoft at last was able to get the control of that website with a small compensation and halt that website and got their brand's innovation back.
Trademarks boost businesses to substantially utilize the social media platforms- Your brand is a primary element customers enter into a social media platform (Facebook, Instagram, Twitter, LinkedIn, Pinterest) or search engine(Google, Bing, Yahoo) when searching for your products and services.
More traffic on your business website or social media platform converts into higher rankings, generating even more traffic, more buyers and more brand recognition.
Trademarks are rewarding business asset- Trademarks are valuable and can admire in value over time. The more your business reputability grows the more rewarding your brand will be.
Trademarks offers value beyond your central business, meaning that TM allow the businesses to lead the way for expansion from one industry to another, such as from clothing to accessory to footwear or personal care. If you wish for it, your trademark can even make way for the acquisition of your business by a bigger organization.
When business names confuse consumers
Trademarks can make recruitment and staffing easier- Brands can incite positive vibes in people’s minds. As an outcome, employment opportunities become more alluring to candidates. Employee retention can be higher if employees bear optimism for the brand and the goods and services offered.
Trademarks never expire- Your trademark will remain VALID as long as you are using it in commerce. It will remain with you forever. So, it is like investing in gold once and embracing its benefits forever. Some of the most recognized brands in the country and globally today have been around for over a hundred years. Bombay Dyeing, headquartered in Mumbai was first registered in 1879. Allahabad Bank, the oldest public sector bank in India, registered since 24th April 1865. Pepsi-Cola registered in 1896.
Brands are a pivotal property. Procure a clearance search before investing time and money to make sure your new brand is available and does not violate on anyone’s prior rights. Failing to research a brand before acquiring can lead to denial of registration or, worse, a termination of letter from another brand owner, or lead to high costs of a dispute or litigation.
Trademark creates idiosyncrasy to a brand- Consider this, you can register your brand’s Logo as a trademark. Would you like to embrace a logo that stands out, is easy to remember and attract attention or would you rather have a logo that is difficult to remember or understand and does not resemble your brand in any way? The selection would be easy and everyone would opt for the former option. It is readily comprehensive, user-friendly why you would want that.
Trademark makes a tour of a one-off event to commemorate the brand- A trademark can set a brand apart from the crowd so it typically needs to be creatively unique for a brand. Let us once again take the instance of assuming logo as a trademark. If your logo is distinctive, easy- generally it has everything described above, and then they assert the supremacy of your brand over competitors or anyone else. With a logo, anyone can easily tell which brand a product belongs to. When you see a silver color “H” in unique style oviform on a car, you know that it is a Hyundai product. The “H” logo actually depicts two people shaking hands with each other for progressive trade and relations.
Avoiding Unwelcome Change- Changing the name of a company can come out to be as exorbitant and enigmatic task. Having successfully established a firm goodwill and market standing for your business, it can take considerable marketing money to reestablish a renamed brand. When a logo, name, symbol or design is unregistered, there is always a risk that another business may register it and cause considerate hardships, perhaps by making an effort to prevent your business from running or flourishing under its current identity.
Protection against competition
It is essential to ensure that your business is properly protected against competition. Illegitimate entities that use your trademark without authorization can pose treat to your brand, your goodwill, and your business, but they are often lawfully in a weak position and can be refrained from causing vandalism relatively easily. By registering trademark for your brand, you are efficiently building a blockade to enter around your brand, making it inflexible for competitors to imitate you.
Trademarks complies with the 2 main business considerations, Firstly, being that your business is relevantly protected in the countries and locations it operates or aspires to operate in, and secondly, that your business is protected in all of the segments of products or service it offers.
From a market competition perspective, For example, Trademarks are essential element in getting the upper hand. A registered Trademark for your business, goods makes sure that your competitors do not use logos, names, or symbols even unexpectedly similar to your Trademark for selling their product / service. A suitable case in this context is the recent Trademark lawsuit won by Amul, a well-known dairy producer against Milk Producer’s Co-operative Union in West Bengal who pursue to Trademark a name ‘Imul’ for selling dairy products.
Protection for your Product’s name- If you have got a registered trademark, then you can use it to publically to project your possession over your product. Having a registered trademark will provide you a legal authority to use it on all your offerings registered under your ownership and hence prove that the product belongs to you and you have all the rights reserved to sell, use or modify that product however you want.
For example, back in 2009, MakeMyTrip had introduced a travel recommendations website portal named – “OkTataByeBye”. Tata group took a legal action against MakeMyTrip mentioning that ‘Tata’ in OkTataByeBye was very similar to TATA, would create ambiguity in the minds of the consumers and hence should be ceased. TATA won the case and OkTataByeBye had to be terminated.
Securing Startups- For up-and-coming entrepreneurs companies, working hard to introduce innovative goods and services into the market, it is surely a wise move to attempt in obtaining a Trademark registered before it is too late!
Let’s say, you start a small but innovative web service which is expected to revolutionize e-commerce. Investors pooling funds into your nascent company, startled with your genius commercial model. All going well so far! Until one day. Few days after the launch of your web service, you get a cautionary letter from a market mammoth accusing of trademark contravention. A direful situation to be in ?
A trademark helps you submit that you have not illegitimately adopted anybody’s name or mark. Therefore, it shifts liability on the accusing party to prove that you have contravened their mark. Significantly having a trademark guarantees that you definitely have the upper hand while handling with trademark litigation.
In addition, a registered trademark makes sure that no one can use the mark even if you are not in the market yet.
What after TM registration?
After TM you can go for R. The TM symbol™ is used when a trademark application is made with the trademark registry. The symbol is thus used to reflect the reality that a trademark application exists with respect to the trademark and serves as a signal for intruders and counter-fitters.
While The ® R symbol reflects that once a trademark is registered, then the candidate has the right of using the ® symbol subsequent to the trademark. The R symbol denotes that the trademark is registered and is under protection against violation under the Trademark laws. Use of the ® symbol during filing or without obtaining trademark registration is illicit and considered as a a federal crime, penalized by fees or jail time.
It is important to understand that a pending trademark application during the application process is not considered a registered trademark, so “TM” (or ™) must be used rather than “R” (®).
Where to get Trade Mark Registered from?
There are 2 ways to file the trademark registration – manual or e- filing.
In case of manual filing, it is done in Delhi and you will be required to personally visit and submit the application for registration. Besides Delhi, you can walk down to any one of the offices located in Mumbai, Kolkata, Chennai and Ahmedabad of the Registrar of Trade Marks. After which you receive application acknowledgement and the receipt, generally within 15-20 days of the filing.
Once you receive the acknowledgement, you can begin using the (TM) symbol next to the brand name!
For business entities of UP, trademark registration is done in New Delhii office. Applicants belonging to Uttar Pradesh or any state must opt go with a licensed law firm for Trademark related queries as it is a serious procedure. The agent or firm must be so to assist throughout the procedure of trademark registration, significantly including the regular checking of the status of the filed application and obligatory trademark prosecution.
How to find if the Trademark is available?
Do not worry to find out whether a trademark / brand name is already registered in India as we get you covered with a quick tip. A search of the Indian Trademark Registry database will signify whether there are any marks similar or trickily identical to your trademark in India. The trademark search can be exercised visiting the official Trade Mark Registry website in India @
Complete process of TM Registration
How to register a trademark?
If you are commencing a new business, a name, word, logo, motif or signature is the primary thing you choose to isolate yourself from the rest. A "trademark" is that symbol that will allow you to do so. Registering a trademark is a legalized process given for under the Trade Marks Act, 1999.
Here we are showcasing you a quick breakdown of the process of registering your own trademark, if your brand is applicable for the same.
Step by Step Procedure for trademark registration
- Trademark Search
Before initiating the process for trademark registration, a trademark agent or a proprietor must conduct a trademark search of the trademark database. A trademark search will render details about similar or indistinguishable trademark that has already been filed with the trademark registry. A trademark search can be performed by visiting the Trademark Registrar Website. You will find there about “Interpreting Trademark status” in order to find if specified trademark is available in the IndiaFilings Learning Center.
- Trademark Filing
Once a trademark search is done, the trademark registration application can be filed with the Trademark Registrar. The application for registration of trademark must be drafted in a stipulated manner and filed along with the prescribed fee for Form TM-1 of Rs 2,500 at one of the five offices of the Trade Marks Registry located in Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. Trademark registration application can also be filed online. Trademark applications can be filed online at IndiaFilings.com or a trademark professional or lawyer.
A trademark registration application must contain the following details:
- Logo or the Trademark
- Name and address of the trademark owner
- Categorization or Trademark Class
- Description of the products or services
- Trademark used since date
- Trademark Application Allotment
Once the application for Trademark registration is filed with the Trademark Registrar, a trademark application allotment number is given within 1 or 2 working days. The trademark application status can also then be tracked online via the Online Trademark Search facility. Literally, on attaining the trademark application allotment number, the owner of the trademark can append the TM symbol next to the logo.
- Vienna Codification
The Vienna Categorization or Vienna Codification, set by the Vienna Agreement (1973), is an international classification of the figurative factors of marks. Once the application is filed, the Trademark Registrar will apply for the Vienna Classification to the trademark depending upon the figurative factors of marks. While this task is in progress, the trademark registration application status generally reflects as “Sent for Vienna Codification”.
- Trademark Examination
Once Vienna Codification is done, the application for trademark registration will be issued to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then evaluate the application for appropriateness and assign a trademark review report. The Trademark Officer has the authority to agree to receive the trademark registration application and permit for trademark journal publication or oppose the trademark registration application.
In case the trademark registration application is opposed by the Trademark Officer, the trademark applicant has the legal right to appear before the Trademark Officer and tackle the objections. If the Trademark Officer is convinced with the reasoning of the trademark applicant, the trademark would be granted for trademark journal publication. In case the Trademark Officer is not convinced with the justifications, the trademark applicant further has the right to file a petition objecting decision of the Trademark Officer before the Intellectual Property Appellate Board.
- Trademark Journal Publication
Once the Trademark Registrar accepts the trademark registration application, the proposed trademark is published in the Trademark Journal. The trademark journal is published weekly and comprises of all the trademarks that have been approved by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have the favorablefavourable circumstance to oppose the trademark registration, if they perceive they will be harmed by that registration. If there is no opposition or declination filed within 3 months of that publication, the mark will usually be registered within 90 days–time.
If the trademark registration application is objected by a third-party, hearing will be conducted for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have to make appearance in the hearing and render justifications for registration or rejection of the application. Based on the hearings and the proofs submitted, the Trademark Hearing Officer will conclude if the TM registration application should be approved or rejected.
- Trademark Registration
Once there are no objections for the trademark registration application, the trademark registration certificate or manuscript will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is regarded to be a registered trademark of the owner, permitting the trademark owner absolute use of the mark. The ® symbol can now be granted to be placed next to the logo or trademark.
Procedure for E-filing of trademark registration application
E-filing is a new service offered by the trademark registry office on its website. With it, you can:
- Complete an electronic application form
- Give the linked attachments.
- Complete the required payment details.
Advantages of E-Filing of trademark registration application include:
- Applicant immediately receives a trade mark application number.
- Online verification to make sure of error-free filing and attain your filing date
- Speed up the registration procedure
- Print the completed application data
- obtain fee acknowledgement
- Save the data in your computer
- Recall your contact details for following applications
- Applicant is also able to view status of the filed applications by clicking "Status of Filed Application" and the online status of e-Payments with online history.
How to register a trademark?
Edlyn G D'Souza
If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest.
| TNN |
If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "trademark" is that symbol you will use to do so. Registering a trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own trademark, if your business is applicable for the same.
- A soft copy of the logo in JPEG format.
- TM 48 (form of authorization).
- Date of first use of the mark.
- Name and address of the proprietor of the mark.
- Required fee.
Types of trademarks available
- Names, including your own name or surname.
- An invented word or any arbitrary dictionary word or words. It does not need to be descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination.
- Combination of colours or even a single colour in combination with a word or device.
- Shape of goods or their packaging.
- Marks constituting a 3-dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
What does the register of trademark contain?
Currently maintained in electronic form, the trademark contains the following:
- The class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers.
- Address of the proprietors.
- Particulars of trade or other description of the proprietor.
- The convention application date (if applicable).
- Place where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.
How to make a trademark application?
You can make an application for a trademark on Form TM-1 with the prescribed fee of Rs 2,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. This will depend on the place where you reside or have your main place of business.
- You will need to do a pre-filing search before filing your trademark.
- Once you register your trademark, you will be issued an official receipt with a TM number.
- Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview.
- Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.
- As you defeat objections raised by the registrar, your application is then published in the Indian Trade Marks Journal, with an endorsement stating either that it has been accepted or that it is being published before acceptance.
- Once it is published, any person has three months (which can be extended to a month at the registrar's discretion) to file a notice of opposition to registration.
- Acceptance or refusal of your trademark application will be considered once the opposition proceedings have been completed.
Duration of trademark
The term of registration of a trademark is 10 years. This may be renewed for a further period of 10 years on payment of the renewal fees.
Costs for trademark transactions
- To file a new application there are set forms depending on the nature of your application. The forms are numbered as TM-1, TM-2, TM-3, TM-8, TM-51 etc: Rs 2,500
- To file a notice of opposition to oppose an application published in the Trade Marks Journal a (FormTM-5): Rs 2,500
- For Renewal of a registered trademark (Form TM-12): 5,000
- Surcharge for late renewal (Form -10): Rs 3,000
- Restoration of removed mark (Form TM-13): Rs 5,000
- Application for rectification of a registered trademark (Form TM-26): Rs 3,000
E-filing of application
E-filing of a trademark application is a new service provided by the trademark registry office on its website. With it, you can:
- Complete an electronic application form.
- Provide the associated attachments.
- Complete necessary payment details.
What is the benefit of e-Filing?
You will immediately:
- Receive a trade mark application number
- Online verification to assure error-free filing and obtain your filing date
- Speed up the registration process
- Print the completed application data and receive fee acknowledgement
- Save the data locally in your PC
- Be able to recall your contact details for subsequent applications
- You can also view online history and status of the applications filed by clicking "Status of Filed Application" and the online status of e-Payments.
- Using the "" symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol in India.