Trademark Registration in Hyderabad

Hyderabad, the capital of Telangana, is the centre of the technological and trade advancement of the Indian economy. This city is home to several business entities and start-ups. When it comes to running a business in such cities with high competition, registering a trademark becomes imperative. Trademark registration helps to protect an idea or identity of an entity from infringement by other entities. Read ahead for more details related to trademark registration in Hyderabad.

There are several types of trademarks available for registration in Hyderabad, some of which are listed below:

• An applicant’s first or last name which could be widely accepted as a trademark. 
• Mark based on the packaging or shape of the product. 
• Arbitrary words which are not primarily associated with a product or service.
• Trademark with a combination of different colours.
• Symbolic marks.
• Trademark with 3-dimensional sign.
• Trademark with a combination of both colours and letters. 
• Monograms. 
• A sound mark which should be easy enough for people to describe phonetically.
• Trademark with a combination of numerals or letters.
• Trademarks which can be easily related to a product or service.

Listed below are different types of trademark symbols registered in Hyderabad: 

• ™ – TM Symbol

An applicant can use this trademark symbol after applying for registration. It indicates the claim of ownership rights over a mark made by an applicant. 

• SM –  SM Symbol

This symbol represents an application filed for registering a trademark for a service. One can use this symbol while the trademark registry evaluates their application. 

• ® – R Symbol

Once the Registrar of Trademarks issues a registration certificate to an applicant, he/she can use this trademark symbol. This symbol represents the ownership rights of an applicant. 

• © – C Symbol

One can use this symbol to claim copyright protection for any artistic, literary or architectural work.

As per Indian Trademark Registry, all goods and services should be categorised into trademark classes. This categorisation depends on the type and nature of the products and services. There are 45 classes of trademark, out of which 34 are used for categorising products and 11 are for services. 

The categorisation of goods and services further represents the classification of trademarks. Each class has a separate application process and requires an orderly set of documents. Thus, before applying for brand registration in Hyderabad an applicant must have a clear idea about the trademark class represented by their goods or services.

According to the provisions of the Indian Trademark Registrar, these entities are eligible to file an application for trademark or logo registration in Hyderabad:

• Individuals 
• Joint Owners 
• Proprietorship Firm 
• Partnership Firm 
• Indian Company 
• Foreign Company 
• Banks/Financial Institutions/Stock Market Intermediaries/Insurance Companies
• Limited Liability Partnership 
• Society or Trust or NGOs
• School/College/Universities/Educational Institutions
• Government Agency/Department/Ministry

All applicants need to submit a few important documents for registering their trademark. Given below is a list of documents one has to provide for brand name registration in Hyderabad:

• Details of the trademark
• Trademark application form 
• Identity proof of the applicant and signatory
• Address proof of the applicant and signatory 
• Contact information of the applicant and signatory
• Certificate of Registration/Incorporation 
• MSME Certificate or Start-up Registration Certificate
• Board Resolution or Authorisation Letter 
• Power of Attorney 
• User affidavit

Here are the steps an applicant must follow for online registering their trademark in Hyderabad:

Step 1: Carry out a detailed trademark search from the official search portal of Intellectual Property India. 

Step 2: Visit the official e-filing webpage of the Indian Trademark Registrar to file an application for trademark registration in Hyderabad.

Step 3: The authorities from the Registrar will examine your application form and issue a report. You will have to provide evidence in case the report states any issues regarding the application. 

Step 4: If the registry approves your application, the authorities will further publish this application in the Trademark Journal. This advertisement in the journal allows the public to raise opposition against your application if they find any issue with it. 

Step 5: In case the registry receives no application of opposition from the public within 3 months of publication, you receive your trademark rights.

The process of registering a trademark in Hyderabad involves these steps:

Step 1: Class Selection 

The trademark registration process requires applicants to first identify a trademark class, suitable for their goods or services. Each class has its specific application process and a specific set of rights to grant. Therefore, one has to choose an appropriate class under which they intend to register their brand. 

Step 2: Trademark Search 

After selecting an appropriate class, one has to conduct a trademark search. A detailed trademark search ensures the availability of the desired mark and avoids any legal issues arising due to future infringement. 

Step 3: Documentation and Filing of Trademark Application

Once a successful trademark search is conducted, an applicant has to prepare and submit all the required documents to the Office of Trademark Registry. Furthermore, one has to file an application for registering their trademark and submit the registration fees along with the documents. 

Step 4: Processing Trademark Application 

The trademark registry evaluates the trademark application and conducts an investigation. Based on the investigation, the authorities issue an examination report, containing either objections or approval. An applicant will further have to submit evidence against the raised objection in order to proceed. 

Step 5: Publication of Trademark 

Once the authorities approve an application, the registry publishes the trademark in the Trademark Journal.  This publication allows the public to raise opposition against the trademark. In case an opposition is raised, the applicant will have to submit evidence against such opposition. 

Step 6: Issuance of Trademark Registration Certificate

If the registry approves the application against the opposition, the authorities will further issue a registration certificate to the applicant granting him/her trademark right.

Given below is a step-by-step guide one must follow to check the status of a trademark application online:

Step 1: Visit the official e-register portal of Intellectual Property (IP) India.

Step 2: Click on ‘Trademark Application/Registered Mark’ present in its menu. 

Step 3: Click on ‘National IRDI Number’.

Step 4: Enter your trademark application number and the captcha code carefully. 

Step 5: Tap ‘View’. The following page will display your trademark application status.

The trademark registration cost in Hyderabad is variable, depending on the applicant and his/her mode of registration. Here is a list of fees one has to pay for registering their trademark as per Trade Mark Rules 2017:

• An individual or sole owner has to pay ₹5000 in case they choose to manually apply for trademark registration. For online trademark registration in Hyderabad, individuals have to pay a fee of ₹4500. 
• The trademark registration cost for all the other applicants is ₹10000 in case they choose to apply manually. However, the e-filing registration charge for such applicants is ₹9000. 

Note: Objections Dependent Expense Drafting legal response to objections can and would depend on how complex the matter is. 

Trademark registration offers several benefits to an entity, some of which are given below: 

• Trademark registration prevents unauthorised use of the brand of a registered product or service by a third party and avoids infringement issues. 
• A trademark is an intangible asset which increases the valuation of an entity through brand creation and building goodwill in the trade market. 
• An entity can acquire legal protection against any illegal activity involving its brand through trademark registration. 
• A trademark acts as an effective advertisement by creating brand awareness and trust among consumers of the product or service. 
• A trademark also helps an entity to create a unique identity or brand for its products and services. This enables the consumer to differentiate the unique products from existing competitors. 

Trademark registration is a lengthy procedure. Moreover, it requires thorough processing by the trademark registry. Even a slight mistake made by an applicant could impede the whole process. Therefore, if you are planning to register a trademark, you must have a clear idea of all the details related to trademark registration in Hyderabad.