Trademark registration for your business logo or startup brand in Punjab will be handled by the Trademark Registry, Delhi office. Listed below in this article are the jurisdictions in which businesses are required to register with Trademark Registry, Delhi Office.
With an excellent road and rail network, Punjab is one of the most prosperous states in India. Four inland container depots (ICDs) and five airports with passenger terminals serve Punjab. The state of Punjab borders Jammu and Kashmir, Haryana, and Rajasthan on three sides. There are 4.2 million hectares of cultivable land, which makes up more than 3% of the net sown area. As a result of its fertile land, the country produces more than 18% of wheat, rice, honey, 10% of milk, 48% of mushrooms, and 5% of cotton.
Compared to Canada and Australia, it has the largest marketable surplus of wheat. Thailand is the second largest producer of rice in the world. Punjab’s major industries include food processing, tractors and auto parts, agricultural products, bicycles, sports goods, light engineering goods, metals and alloys, chemical products, and textiles. The state has also become a key hub for textile-based industries, including yarn, readymade garments, and hosiery. The state’s other major industries are related to food and dairy products.
Punjab Trademark Registration: Who is Eligible?
A trademark registration in Punjab can be obtained by any individual or business entity that manufactures or offers goods or services. Individuals may request trademark registration for different types of goods or services in Punjab.
However, the following persons are eligible to register their trademarks in Punjab:
- Individuals or sole proprietors
The trade name of their choice can be applied for by anyone who has a business idea but wants to start their entrepreneurial journey later in life. Moreover, if an individual is a sole proprietor, he must mention his full name, not the name of his company.
- There are two or more owners
If more than one person intends to register a trademark under their names. In such cases, joint owners can apply for registration, which should be noted in the application.
- Concerns of a partnership
To register a partnership firm, it is necessary to include the names and other details of all partners.
- An LLC is a limited liability company
Limited Liability Partnerships (LLPs) are corporations with separate identities from their members and directors. For trademark registration purposes, it is necessary to include the name of the LLP in the application. However, the LLP will be required to authorize a partner as a signatory.
- A private limited company, a public company, or an OPC company
Unless the company is a private limited company or a one-person company, the trademark application should be filed in the name of the company itself, as it is a separate legal entity from its members. A director must, however, be authorized as a signatory for registration purposes.
- Organizations that are not for profit (trusts, societies, cooperative societies, etc.)
A trademark registration application for a non-profit organization in the form of a trust or society must include 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.
Punjab Trademark Registration Documents
The following documents are required for trademark registration in Punjab:
- The applicant’s name, address, and contact information.
- Name, products/services offered, trademark classes, business objectives, business type, and registered address of the business.
- Form 48 must be completed and signed
- Identification of the authorized signatory (Pan Card, Aadhaar Card, Passport, etc.)
- For tax purposes, proof of residence is required.
- LLP Deed, Partnership Deed, MOA & AOA)
- MSMEs/Udyog Aadhaar certificates (optional)
- For a company, LLP, partnership firm, etc., a scanned copy of the certificate of incorporation is required.
- If available, a logo for your business
Punjab Trademark Registration Process
The trademark registry of Punjab facilitates the process of registering a trademark in Punjab. To register a trademark, follow these steps:
STEP1 – Select a trade name and class
Choosing a unique mark that represents the quality of the goods or services offered is the first step towards trademark registration in Punjab. The mark should also be able to distinguish the goods/services from those of competitors in the relevant market.
STEP 2- Find out if the Mark is available
Next, you must confirm that the chosen trade name is not too similar to an existing registered trademark in Punjab or has already been taken by someone else. The Controller general of patents, designs, and trademarks always recommends to choose at least 2-3 trade/brand names, in order to prevent such a situation from occurring.
Patents, designs, and trademarks Controller General’s online portal allows users to enter proposed names with proposed classes and make public searches. By clicking on it, you will see all trademarks that fall under the proposed category. If no matching results are found for the proposed trademark, then you can proceed.
STEP 3- Application for a Trademark in Punjab
Next, you must submit the application prescribed for trademark registration in form TM-A via the online portal of the Controller of Patents, Designs and Trademarks. An applicant can either file such a form on his own or with the help of a professional agent.
TM-A can be filed in two ways:
- Application under any “one” class- In cases where an applicant intends to manufacture goods or offer services falling under one class only, they must file trademark applications under that class. If you are an individual, startup, or small business, you must fill out form TM-A by paying Rs. 4500 if online filing and Rs. 5000 in case of physical filing. For all other business entities, the fee for online submission is Rs. 9000 and for physical submission, it is Rs. 10,000.
- Applying for more than one class – In the same vein, an applicant who intends to register a mark under multiple classes/series of trademarks or a collective trademark must submit form TM-A, for which the fee is Rs. 4500 if submitted online, Rs. 5000 if submitted offline. For all other business entities, the fee for online submission is Rs. 9000 and for physical submission it is Rs. 10,000.
When the TM-A has been filled out with all the necessary information and uploaded, the form should be submitted along with the fee. To avoid rejection of the application, it is important to fill out the form with precision and care.
STEP 4- Reply to objections to the Trademark in Punjab
As soon as the application is successfully submitted, the examiner will review it and if the examiner has any doubts regarding the uniqueness of the trademark or its similarity to trademarks already registered in Punjab, he will send a trademark objection notice to the applicant to clarify any doubts. It is required that the applicant respond within 30 days along with a sufficient explanation and proof.
The status of trademarks on the trademark registry shall remain “Objected” until a reply to the trademark objection has been submitted. After receiving the reply to objection, the examiner will review the draft reply and, if satisfied, will allow the application to be advertised in the trademark journal.
He may request additional replies with evidence if he is not satisfied with the reply to his objections, or he may schedule a trademark hearing by notifying the applicant concerned.
In general, it takes around 2-4 months from the date of receipt of the first objection to examine the application, object to the trademark, and submit a reply to the objection. The chances of a trademark application being successful are higher if the examiner is satisfied with the reply and allows the application to be published in the trademark journal.
STEP 5- Confronting to Trademark Opposition in Punjab
The application becomes open for opposition once the advertisement is published in the trademark journal. Any existing trademark that believes the proposed trademark is too similar to any existing trademark can oppose it. In order to benefit from such existing and well-known trademarks in the relevant market, this suggests relativity between these trademarks.
A trademark opposition filed by a trademark proprietor or business entity will be thoroughly examined by the Registrar for any actual similarity between the applicant’s trademark and the opponent’s trademark. A trademark opposition notice will be sent to the applicant within two months if the Registrar finds merit in the opposition posed by the opponent.
Along with sufficient documentation, the applicant must prepare a counter-statement explaining how the proposed trademark is distinct from the trademark of the opponent. When the Registrar of Trademarks receives the opposition reply, he/she will review the reply and, upon finding the proposed trademark to be distinct and unique from all existing trademarks, dismiss the opposition in the Trademark Journal and allow it to be advertised as “Registered.”
In the event that the Registrar is not satisfied with the application, he may schedule a hearing with both the applicant and the opponent. Once the hearing is complete, the Registrar will decide whether to accept the trademark or deny it. Trademark Registrar’s decisions are appealable and can be appealed to the Intellectual Property Appellate Board within three months of their publication in the trademark journal as “Registered Trademarks”.
Trademark Registration in Punjab: Process Time
It takes around 18-24 months for the process of registration of trademark in Punjab to be completed. In any case, the applicant may receive a trademark application number within 1-2 days after submitting the application form.
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