Trademark Registration has become one of the important requirements of current business entrepreneurs. Entrepreneur may be an Individual, Sole proprietorship firm, Partnership firm, Private Limited Company, Public Limited Company, Limited Liability Partnership or a Start up.

Here we are going to discuss the frequently asked questions on trademark registration in Chandigarh.

• Can I register trademark myself in Chandigarh?

Yes, any entity wishing to register the trademark, can apply for the trademark itself. However, it is always advisable to apply through professional to avoid confusion and loss of money and efforts later on.

• Where in Chandigarh I can file trademark application?

You can file the trademark application either online or offline. In case, it is offline, then physical filing is required to be done at the Trademark Registry office at New Delhi. In case, of online filing, we need to file the form at www.ipindia.gov.in.

• What documents are required for trademark registration in Chandigarh and Mohali?

1. Duly executed Power of Attorney, in form TM-48, in case application is being filed through Trademark Agent or Attorney.
2. Logo in JPEG file, in case Device mark has to be applied.
3. Residential / Registered Address, Email id and Mobile Number of the Applicant

• How do I register my brand name in Chandigarh?

You can apply for the brand name, either offline or online, by filing the form TMA. Once the form is applied and no objection comes, the Trademark is published in the Trademark Journal. In case no opposition comes, the Registration Certificate is issued in form TM-R, in the name of the Applicant, after 4 months of publication in the Journal. The trademark Registration is valid on pan India basis. It will cover Chandigarh and every other area of India.

• Can Mr. Sharma register his logo for free?

No, Mr. Sharma will have to pay the prescribed Government fees for applying his logo in the Application form. In case any objection or opposition comes, those need to be replied vide prescribed forms after paying the prescribed fees. In case, he is availing the professional services, then that will also be required to be paid.

• Can Richa register a trademark without a company?

Yes, Richa can register a trademark without a company.

• M/s Luxmy Mills registered a trademark, can any use that trademark?

No, nobody else other than M/s Luxmy Mills can use the registered trademark of M/s Luxmy Mills.

• Ludhiana based manufacturing startup came up with a new brand and logo, how can they register?

Ludhiana based manufacturing start up can approach the trademark agent / attorney and get the brand name searched whether it is already not registered in the name of some other entity. Thereafter, the form TMA can be filed alongwith the power of attorney and the logo in JPEG file. Form TMA can be filed either online at www.ipindia.gov.in or offline. In case no objection or opposition comes thereafter, the brand name and the logo will be registered in the name of the start up within a period of 6 months of the date of application.

• Mohali based Product start up came with a new brand idea and wants to register the brand name, how to register? 

Mohali based Product start up can approach the trademark agent / attorney and get the brand name searched under the relevant class whether it is already not registered in the name of some other entity. Thereafter, the form TMA can be filed alongwith the power of attorney and the logo in JPEG file. Form TMA can be filed either online or offline. In case no objection or opposition comes thereafter, the brand name and the logo will be registered in the name of the start up within a period of 6 months of the date of application.

• Manish is thinking to start his business next year in production of steel piples, can he register trademark?

Yes, Manish can apply for the trademark immediately since trademark registration has nothing to do with the actual starting of the business.

• Varinder is a sole proprietor with a decent turnover, can he register trademark as sole proprietor?

Yes, Varinder, who is a sole proprietor, can apply and register the trademark as a sole proprietor.

• What are the grounds of refusal for the registration of a trademark?

There are various grounds for refusal of registration of a trademark. Section 9 and Section 11 of the Trademarks Act, 1999 deals with the grounds, which are stated hereunder:-

1. Trademarks which are devoid of any distinctive character
2. Trademarks which consist of marks which may serve in trade to designate the kind, quality, quantity or intended purpose, values of the goods or services
3. Trademarks which consist of marks which have become customary in the language
4. Trademarks which are deceptive in nature
5. Trademarks which comprise of any matter likely to hurt the religious sentiments of any class of people
6. Trademarks which contain scandalous or obscene matter
7. Trademarks prohibited under the Emblems and Names (prevention of Improper Use) Act, 1950
8. Trademarks consisting exclusively of shape of goods which results from the nature of goods
9. Trademarks which are similar to well-known marks
10. Trademarks which are confusingly similar to earlier registered or applied marks
11. Trademarks which are similar to earlier registered trademarks and with respect to similar goods or services.

• What are the conditions and grounds for registration of trademark?

A trademark intended to be applied should be first searched on the www.ipindia.gov.in portal to check whether a similar trademark does not already exist. Apart from that, Section 9 and Section 11 of the Trademarks Act, 1999 have specified the absolute and relative grounds of refusal of trademark, as discussed hereinabove. In case, the trademark does not fall under any of the stated criteria of Section 9 and 11, then the trademark application can be filed in form TMA under relevant class alongwith prescribed documents and prescribed govt. fees. In case, no objection or opposition comes, the Trademark Registry issues the Certificate of Registration in form TM-R within a period of 6 months of date of application.

• Is the trademark liable for removal on the ground of non use?

Yes, a trademark can be removed by the Registrar of Trademarks on the ground of non-use of the mark on the filing of an application by a party. Section 47 of the Trademarks Act, 1999 deals with the removal of the mark from the Register on ground of non-use.