Trademark Registration in Dadra And Nagar Haveli - The Complete Guide

Updated on July 23, 2024 03:08:10 PM

Businesses that want to safeguard their brand identification and set themselves apart from rivals must first register their trademarks. The Indian Trademarks Act, of 1999 establishes the legislative foundation for the Trademark Registration procedure in the Union Territory of Dadra & Nagar Haveli, which is located in western India.

In-depth instructions are provided in this article on how to properly register a Trademark in Dadra & Nagar Haveli, as well as on the significance of Trademark Registration and the advantages it provides to businesses. Understanding the Trademark Registration process is essential for protecting your brand and keeping a competitive advantage in the dynamic Dadra & Nagar Haveli market, regardless of whether you are an entrepreneur, a small company owner, or a global organisation.

Trademark Sample Certificate

Trademark Certificate

What is a Trademark?

What Trademark

A Trademark is a visual representation, such as a logo, that sets a product or brand apart from others, making it unique. Its purpose is to establish a recognizable image of a business in the marketplace. Trademarks can take various forms, including symbols, patterns, colours, shapes, or words.

In Dadra And Nagar Haveli, Trademarks can be registered under "The Trademark Act, 1999," offering brand owners legal protection and exclusive rights. The primary objective of Trademark Registration is to distinguish a product or service from others in the same industry. By Trademarking a brand, the confusion arising from similarities can be avoided.

What is recognised for Trademark Registration in Dadra And Nagar Haveli?

Numerous things, including the following, may be registered as Trademarks in Dadra And Nagar Haveli:

  • Symbols
  • names
  • shapes
  • Sounds
  • phrases
  • Arrangements of Colour
  • combination of numbers and words
  • Taglines

Who Can Submit a Trademark Registration Application in Dadra And Nagar Haveli?

In Dadra And Nagar Haveli, Trademark Registration is open to everyone. They might be:

  • A sole proprietorship
  • A partnership
  • A joint venture
  • A Trust society
  • A small business just starting out, or
  • A private limited company.
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What is the Procedure for Trademark Registration in Dadra And Nagar Haveli?

Step 1: Conduct a Comprehensive Trademark Search

Before applying for a Trademark, it is crucial to conduct a thorough search to ensure its availability. This search helps minimize the chances of application rejection. It is advisable to seek professional assistance to conduct a comprehensive Trademark search.

Step 2: File the Trademark Application

Filing the Trademark application is the initial step towards Trademark Registration in Dadra And Nagar Haveli. During this stage, the applicant must provide accurate information about their product or service. It is essential to have a good understanding of the product or service and select the appropriate Trademark classes. Filing the application with incorrect classes increases the risk of rejection.

Upon filing the application, the applicant can start using the ™ symbol alongside their brand, indicating that the Trademark Registration process is underway. This symbol signifies that the applicant is claiming rights to the Trademark.

Step 3: Examination by the Trademark Department

Once the application process is completed, it undergoes examination by the Trademark Department, specifically the Controller General of Patent, Design & Trademark. During this stage, the department reviews the application to identify any similarities with existing marks. If the registrar finds any similarities, they will send a notice for a reply. If no similarities are found, the application moves forward for advertising in the journal.

Step 4: Advertisement in the Journal

At this stage, the Trademark Application is advertised in the journal, making it public. Anyone has the right to raise objections within a period of three months if they believe the applied Trademark is similar to an existing one. If no objections are raised, the application is accepted and registered.

Step 5: Opposition Process

If objections are raised within the three-month period, the application enters the opposition process. A hearing is conducted by the department, where both parties are given an equal opportunity to present their arguments. They can submit relevant statements and evidence to support their respective positions. If the registrar finds the applicant's statements and evidence acceptable, the applied Trademark is approved and registered. Otherwise, the application is rejected.

Step 6: Registration Certificate

This is the final stage of Trademark Registration in Dadra And Nagar Haveli. If the applied Trademark does not face any objections or opposition, it receives a Registration certificate. Once the Registration certificate is obtained, the applicant gains legal rights over their Trademark and can use the circled R symbol (®) to indicate that it is a registered Trademark.

Note: The applicant must renew their Trademark every ten years as part of the renewal process. Failure to renew in a timely manner may result in the loss of legal protection and additional charges for delayed renewal.

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List of Government Fees for Trademark Registration

The cost of Trademark Registration in Dadra And Nagar Haveli starts at ₹4500, which is Govt fee and the professional fee will be charged additionally.

Steps Online Government fees Offline Government fees
TM Registration fees for individuals 4500 5000
TM Registration fees for company 9000 10000
TM Amendment fees 900 1000
Trademark Renewal fees 9000 10000
Trademark Restoration fees 9000 10000
TM Belated Renewal fees 12000 13000
TM Rectification fees 9000 10000
Trademark Opposition process fees 2700 3000
Hearing fees of TM registration Nil Nil
Fees for Reply to TM Examination Report Nil Nil

Note: The aforementioned Fees is exclusive of GST.

Trademark registration fees in Dadra And Nagar Haveli depend on the number of classes that the applicant wants to include. Government TM registration fee is different for online and offline. The basic online cost of the government for registration is 4500/- and the offline cost is 5000/- only.

Documents for Trademark Registration in Dadra And Nagar Haveli

Here is the complete list of documents required for Trademark Registration in Dadra And Nagar Haveli:

  • LOGO(if any)
  • Nature of Goods & Service
  • Email ID & Mobile No. Upload the required documents in the correct size and format. Bank statements, Aadhar cards, PAN cards, and other papers.
  • Aadhar Card(for individual applicants)
  • GST(if applicable)
  • Signed Power of Attorney(if the applicant hires any professional)
  • Signed User Affidavit(for prior use)
  • MSME Certificate(for small enterprises)
  • Start-up Certificate(for start-ups)

A complete and appropriate set of documents is essential for the Registration of a Trademark in Dadra And Nagar Haveli. Because insufficient information increases the possibility that the Trademark Application will be rejected.

Trademark Document

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Checklist for Trademark Registration in Dadra And Nagar Haveli

The following are some parameters that the applicant should keep in mind while registering a Trademark in Dadra And Nagar Haveli.

  • Trademarks must be easily recognised.
  • Fill in the complete information.
  • Select appropriate classes.
  • Conduct a Comprehensive TM search.
  • Using Trademark is generic or descriptive.
  • Renew the Trademark timely.
  • Take professional advice.
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Conclusion

To develop and safeguard a brand's identity, Trademark Registration in Dadar & Nagar Haveli is essential. Businesses may distinguish themselves in the market and prevent rivals from adopting similar marks that can confuse customers by obtaining the exclusive rights to use a certain mark or logo. The Trademark in Dadar & Nagar Haveli requires a number of procedures, including the submission of the application, inspection, publication, and issue of the registration certificate.

Businesses may take use of Trademark protection's advantages, such as legal defence against infringement and the capacity to develop a powerful and recognisable brand presence, by following these procedures and the appropriate rules and regulations. Because of this, it's critical for companies in Dadra & Nagar Haveli to prioritise trademark registration as a way to protect their intellectual property.

Consult with professionals at Professional Utilities for the purpose of Trademark Registration and reduce your chances of Rejection of Trademark approval. Contact a Professional Now!

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FAQs on Trademark Registration

What is the Trademark Registration Fee in Dadra Nagar Haveli?

>The required Registration Fees for Trademark Registration in Dadra Nagar Haveli is ₹4500 per class for individuals and ₹9000 for companies.

How to Register a Trademark in Dadra Nagar Haveli?

>There are several steps involved in trademark registration in Dadra Nagar Haveli, including doing a TM search, submitting a TM application, having it reviewed by the department, encountering opposition, publishing an advertisement in a journal, and receiving a registration certificate.

Which documents are required for TM Registration in Dadra Nagar Haveli?

The Required documents for Trademark Registration in Dadra Nagar Haveli are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.

Who can apply for TM Registration in Dadra Nagar Haveli?

Any person or corporate entity is qualified to register a Trademark in Dadra Nagar Haveli, but their Trademark must be distinctive from those that are already registered.

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