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Located in Karnataka, Bangalore is a southern Indian state commonly known for its high-tech industry. Thus, many companies set up their business here. However, to stand out from such high competition in the city, all companies need to create and protect their brand's identity and reputation. Obtaining trademark registration is one of the ways to do so.
This article covers the information on how to apply for trademark registration in Bangalore, the documents required and other prospects.
What Are the Different Types of Trademark Registrations in Bangalore?
Trademark is one of the important parts of intellectual property which provides people a right to exercise ownership over any product/service they own or create. It represents the identity of a product or service and enhances the owner’s goodwill. Here is a list of different types of trademarks that one can register in Bangalore as per the Trademark Act 1999.
- Arbitrary words which are not related to the product/services or its characteristics
- Packaging of a product such as its shape or structure
- Name or signature of the applicant, including his/her first or last name, which is suitable enough to consider as a mark
- Combination of numerical or letter
- Combination of colour and letter
- Marks with symbols
- Marks with 3D signs
Classification of Trademark Registration in Bangalore
The registration of a trademark depends on the type of class a particular good/service represents. In Bangalore, there are 45 trademark classes used to categorise products and services. Out of 45, 34 trademark classes are used for categorising products and the rest are for services.
According to this categorisation of goods/services, the Indian Trademark Registry further classifies different trademarks. Each trademark class has a separate registration process. Therefore, all applicants must identify the class of their product or service before applying for brand name registration in Bangalore.
What Are the Eligibility Criteria for Trademark Registration in Bangalore?
Given below is a list of entities eligible for brand registration in Bangalore considering they are the owner or creator of a product/service.
- Individual/Sole Proprietor
- Joint Owners
- Partnership Firm
- Proprietorship Firm
- Limited Liability Partnership
- Indian Company
- Foreign Company
What Are the Documents Required for Trademark Registration in Bangalore?
There is a variety of documents an applicant has to provide while applying for trademark registration. Read this list below to know about the documents one needs to submit for registering a trademark in Bangalore.
- Trademark registration form with signature
- Copy of trademark design
- Brief description of goods and services along with their classification
- User affidavit (only for applicants with prior trademark registration)
- Identity proof of applicants
- Address proof of applicants
- MSME certificate
- Company registration certificate
- Board Resolution
What Are the Steps in the Online Process of Trademark Registration in Bangalore?
Given below are the steps one should follow while applying for online trademark registration in Bangalore.
Step 1: Conduct a trademark search from the official search portal of Intellectual India Property. This portal requires the applicant's details such as the class of the goods/services and the trademark name they intend to register.
Additionally, several other digital platforms in India offer trademark data search services.
Step 2:Visit the official e-filing portal to file an application and submit the required fees for trademark registration.
Step 3: The trademark registry will further evaluate the application form and issue an examination report on the basis of the evaluation.
Step 4: The registry publishes the trademark application and the brand name in its Trademark Journal if the examination report states no issues. The authorities make such a publication to give an opportunity for the public to raise opposition against the application.
Step 5: In case there are no objections and oppositions, the registry grants ownership rights to the applicant and issues a registration certificate.
What are the Steps in the Offline Process for Trademark Registration in Bangalore?
The process of registering a trademark involves a few simple steps. Given below is a step-by-step guide one must follow to easily register their trademark in Bangalore.
Step 1: Identification of Trademark Class
One must understand the different classifications of goods and services before applying for trademark registration. The first step of this process is to identify and choose the appropriate trademark class representing one's goods or services.
Step 2: Trademark Search
After choosing an appropriate trademark class for their goods/services, one has to check the availability of the desired trademark.
Step 3: File Trademark Application
Following a successful trademark search, one has to file an application for registering their trademark. Applicants can choose to file their application manually and submit it to the Office of Trademark Registry.
Step 4: Examination
Once the application is submitted, the trademark registry verifies it along with all the other documents of the applicant. The registry also examines the database to check if there’s an identical mark already registered and issues an examination report addressing any issues.
Step 5: Trademark Publication
If there are no issues with this application as per the examination report, the trademark registry approves it and publishes it in the Trademark Journal.
Step 6: Registration
The trademark registry issues a registration certificate granting the applicant ownership rights over the trademark. This is only if the authority does not receive any opposition to the application.
What are the Steps to Check Trademark Application Status?
Follow the given steps to check a trademark application status:
Step 1: Go to the official website of IP India Trademark .
Step 2: Click on the ‘Trade Mark Application/Registered Mark tab’.
Step 3: Select the option ‘National/IRDI Number’.
Step 4: Enter ‘Trade Mark/Application Number. Then type in the captcha/code correctly.
Step 5: Click on the ‘View’ button.
Finally, here you can see all the particulars and status of your trademark application completion.
What is the Trademark Registration Cost in Bangalore?
Here is the list of fees payable for trademark registration process, brand registration in Bangalore and related issues under any class as per Trade Mark Rules 2017 laid down by the Government of India:
- For the purpose of new applications, the amount is ₹3500.
- To renew a registered trademark, the charge is ₹5000.
- For the restoration of removed marks, the charges are ₹5000.
- For notice of opposition in order to oppose any application published in the Trade Marks Journal, the fees are ₹2500.
- To surcharge for belated trademark renewal, it is ₹3000.
- The charges to be paid in copyright search request and issuance of certificate is ₹5000.
- Application for any rectification to be made to the original registered trademark, the fees to be paid is ₹3000
- In order to provide any required details of entries in the Register, the cost incurred is ₹500.
- To start an official search request, the charges to be paid are ₹500.
- To take a preliminary advice from the Registrar in case of registrability of trademark, the charges levied are ₹500.
- All individual/sole owner applicants will have to make a payment of ₹5000 if they choose to manually register their trademark in Bangalore. However, the e-filing charge of trademark registration for such applicants is ₹4500.
- All companies/partnerships/LLPs have to pay an application fee of ₹10000 in case of manually registering a trademark in Bangalore. Besides, online registration of a trademark involves an application fee of ₹9000.
Note: Objections Dependent Costs Drafting legal responses to objections can and would depend on how complex the matter is.
By registering their products or services, one can avail several benefits such as exclusive rights and protection against infringements. Now that you have a clear idea of all the important details about trademark registration in Bangalore, you can easily file your mark and get trademark rights.
FAQs About Trademark Registration in Bangalore
Can I register for a trademark by myself in Bangalore?
Yes, you can register for a trademark by yourself. This is allowed as per the provisions made in the Trademark Act of 1999, Section 18 (1). In doing so, the concerned individual has to make an application to apply for the trademark via online portal or can do so through writing as well.
Can I use the TM symbol in my official logo?
Yes, you may use the TM symbol in your official logo. The best place to use a TM symbol is right next to the brand logo on the right side. However, if you want you can freely place it as per your interest around the logo. As an alternative, a trademark symbol can also be used in the logo as well.
Is there a Trademark Registry Office in Bangalore?
No, there is no Trademark Registry Office in Bangalore. There are 5 offices of the Trademark Registry in India, located in Mumbai, Kolkata, Chennai, New Delhi and Ahmedabad.
Where should I submit my application for trademark registration in Bangalore?
Applicants living in Bangalore can manually submit their trademark application to the Chennai Office of Trademark Registry since there is no office in Bangalore.
Can I sell off my trademark in Bangalore, India?
According to the guidelines of the Trade Marks Act, 1999 you can sell your trademark in India. This act oversees the implementation of and governance of trademark assignment procedure, which makes it possible to use the Trademark assignment process and sell off your trademark to any legal institution or an individual. Therefore, it is in the rights of the owner of a trademark to keep or sell off his trademark.