The Trademark Registry’s Delhi office will be in charge of registering a trademark for your startup brand or logo in Punjab. The countries in which businesses are required to register with the Trademark Registry, Delhi Office are outlined below.
Punjab is one of India’s most prosperous states thanks to its excellent road and rail network. Punjab is served by five airports with passenger terminals and four inland container depots (ICDs).On three sides, Punjab is surrounded by Jammu and Kashmir, Haryana, and Rajasthan. More than 3% of the net sown area is comprised of cultivable land, which totals 4.2 million hectares. The country produces more than 18% of wheat, rice, honey, 10% of milk, 48% of mushrooms, and 5% of cotton due to its fertile land.
It has the largest surplus of wheat that can be sold, after Canada and Australia. The world’s second-largest rice producer is Thailand. Food processing, tractors and auto parts, agricultural goods, bicycles, sports goods, light engineering goods, metals and alloys, chemical products, and textiles are Punjab’s most important industries. Additionally, the state has established itself as a significant center for the textile-based industries, such as yarn, ready-made clothing, and hosiery. Food and dairy products are the other two major industries in the state.
Trademark Registration in Punjab: Who Qualifies?
Any person or business that manufactures or provides goods or services can obtain a trademark registration in Punjab. In Punjab, trademark registration can be requested for a variety of goods and services.
On the other hand, the following individuals are qualified to register their trademarks in Punjab:
* Individuals or sole proprietors: Anyone with a business idea who wants to start their own business later in life may apply for the trade name of their choice. In addition, if a person is a sole proprietor, he must use his full name rather than the name of his business.
* If more than one person intends to register a trademark under their names, there are two or more owners.Joint owners can apply for registration in such circumstances; this should be stated in the application.
* Concerns of a Partnership: To register a partnership firm, all partners’ names and other information must be included.
* Limited Liability Partnerships (LLPs) are corporations with distinct identities from their members and directors. An LLC is a limited liability company. The LLP’s name must be included in the application if the trademark is to be registered. However, a partner must be authorized as a signatory by the LLP.
* A private limited company, a public company, or an OPC company Unless the business is a private limited company or a one-person business, the trademark application should be filed in the company’s name because it is a separate legal entity from the members. For registration purposes, however, a director must be authorized as a signatory.
* Non-profit organizations (such as cooperatives, trusts, and societies)
* The name of the managing trustee in the case of a trust or society and the chairman/secretary in the case of a society duly authorized for registration purposes must be included in a trademark registration application for a non-profit organization.
Documents Required for Punjab Trademark Registration
The following documents are required for Punjab trademark registration:
* Name, contact details and residential address of the applicant
* The business’s name, products and services, trademark classes, objectives, type, and registered address.
* Form 48 must be completed and signed by the authorized signatory. Identification (such as a passport, Aadhaar card, or Pan card)
* Proof of residence is required for tax purposes.
* MSMEs/Udyog Aadhaar certificates (optional) For a company, LLP, partnership firm, etc., LLP Deed, Partnership Deed, MOA, and AOA. The certificate of incorporation needs to be scanned.
* A logo for your company, if one is available.
Registration of Trademark in Punjab: Procedure
The process of trademark registration in Punjab is made easier by the trademark registry in Punjab. Follow the steps listed below to register a trademark:
Step 1: Choosing a trade name and class The first step in registering a trademark in Punjab is choosing a distinctive mark that reflects the quality of the products or services offered. Additionally, the goods or services should be able to be distinguished from those of rivals in the relevant market by the mark.
Step 2: Determine if the Mark Is Available After that, you need to make sure that the chosen business name is not too similar to a trademark that is already registered in Punjab or that someone else has already used it. In order to avoid this scenario, the Controller general of patents, designs, and trademarks always recommends selecting at least two trade names.
Patents, designs, and trademarks Through the Controller General’s online portal, users can conduct public searches and enter proposed names and classes. If you click on it, all trademarks in the proposed category will appear. You can proceed if the proposed trademark does not match any results.
Step 3: Application for a Trademark in Punjab The next step is to submit the form TM-A, which is required for trademark registration, through the Controller of Patents, Designs, and Trademarks’ online portal. Such a form can be submitted independently or with the assistance of a professional agent by an applicant.
There are two ways to file a TM-A:
* Application under any “one” class: A trademark application must be filed under the class in which the applicant intends to manufacture goods or provide services. If you are an individual, a new business, or a small business, you must pay Rs to fill out form TM-A.Rs. 4500 with online filing and5,000 in the event of a paper filing. The online submission fee is Rs. for all other business entities.9000, and Rs. 9000 for physical submission.10,000.
* In the same way, an applicant who wants to register a mark under multiple classes/series of trademarks or a collective trademark must submit form TM-A, which costs Rs. 4500 when submitted online if submitted offline, 5000.The online submission fee is Rs. for all other business entities.9000, and Rs. 9000 for physical submission.10,000.
* The TM-A should be submitted with the fee once it has been filled out with all the necessary information and uploaded. It is essential to fill out the application carefully and precisely in order to avoid rejection.
Step 4: Respond to objections to the Trademark in Punjab As soon as the application is submitted successfully, the examiner will review it. If the examiner is unsure of the trademark’s uniqueness or its similarity to trademarks that have already been registered in Punjab, he will send the applicant a trademark objection notice to clear up any confusion. It is expected that the candidate answer in the span of 30 days alongside an adequate clarification and confirmation.
Until a response to the trademark objection is submitted, the trademark’s status on the trademark registry will remain “Objected. “The examiner will look over the draft response to the objection after receiving it and, if satisfied, will allow the application to be advertised in the trademark journal.
If he is dissatisfied with the response to his objections, he can request additional responses with evidence or schedule a trademark hearing by notifying the applicant in question.
Examining the application, objecting to the trademark, and responding to the objection typically take between two and four months from the date of receipt of the first objection. If the examiner approves of the response and permits the application to be published in the trademark journal, the likelihood of a trademark application’s success increases.
Step 5: Responding to Trademark Opposition in Punjab After the advertisement is published in the trademark journal, opposition to the application becomes available. It is possible to oppose the proposed trademark if any existing trademark believes that it is too similar to an existing trademark. This suggests a relationship between these trademarks in order to benefit from such well-known existing trademarks in the relevant market.
The Registrar will examine each trademark opposition filed by a trademark owner or business entity for any actual similarities between the applicant’s trademark and the opponent’s trademark. If the Registrar determines that the opponent’s opposition has merit, a notice of opposition to the trademark will be sent to the applicant within two months.
The applicant is required to prepare a counter-statement that explains how the proposed trademark differs from the opponent’s trademark in addition to providing sufficient documentation. After receiving the opposition response, the Registrar of Trademarks will review it and, if the proposed trademark is found to be distinct from all other trademarks, dismiss the opposition in the Trademark Journal and permit it to be advertised as “Registered.”
A hearing with both the applicant and the opponent may be scheduled if the Registrar is dissatisfied with the application. The Registrar will decide whether or not to accept the trademark after the hearing is over. The decisions of the trademark registrar are appealable, and they can be appealed to the Intellectual Property Appellate Board within three months of being published as “Registered Trademarks” in the trademark journal.