Trademark Registration in Hyderabad – A Brief

The craftsmen of Hyderabad used to engrave their signature on their work, jewellery or artistic creation around 3000 years ago, with the industrialization and globalization trademark become a key aspect in the trade. According to Section 2(1)(zb) of The Trademark Act 1999, a trademark means a mark which can be represented graphically and capable of distinguishing the one good or service from another goods and service, a trademark can be the shape of the goods, their packaging or the combination of colours. Trademark is a distinctive mark which indicates that a particular item is produced or provided by a specific person, enterprise or industry and in case of services trademark distinguish the service from its competitor. This distinctive mark can have legal protection, if the trademark registration in Hyderabad Telangana or Andhra Pradesh for that particular mark has been done.

Companies can do different types of trademark registration in Hyderabad of any of the trademark for their different types of product in Telangana/Andhra Pradesh, a trademark or tradename is helpful in identification and in recognition. It is often seen consumer rely on the trademarks for the determination of the quality of the product, a large portion of the customer base is very much concerned about brand and often pay big amount for particular brands, consumer pay high amount of consideration for particular kind of brand because these brands distinguish them from the crowd.  

The Indian Trademark Act, 1999 specifies that any mark which is capable of distinguishing one good and service from other goods services and also capable of being represented in a graphical manner. The Trademark Registration in Hyderabad, Andhra Pradesh is for 10 years and thereafter the person, enterprise or industry can renew the trademark from time to time, the application for registration in Hyderabad is can be filled by the applicant at Trade Mark Registry Office located in Mumbai, Delhi, Kolkata, Ahmedabad and Chennai. TM registration in Hyderabad give the owner exclusive right on the trademark, no one else can use the mark for their goods or service.

 

What are the different components of a Trademark Registration in Hyderabad, Telangana/Andhra Pradesh ?

According to Section 2(1)(m) of The Trade Mark Act, 1999 mark includes label, ticket, brand, device, name, word, letter, signature, packaging, shape of the goods, color or combination of color, numeral or combination of all these things, this definition is not exhaustive and can includes other thing also for example according to Rule 26(5) of The Trade Mark Rule, 2017 a sound mark can also be registered as a trademark under Trademark Registration in Hyderabad, Andhra Pradesh, if the mark is capable of represented graphically.  Section 2(1)(zb) of The Trade Mark Act, 1999 defines trademark as a mark capable of being represented graphically and also mark should also be capable of distinguishing goods and service of one person from other personal goods and services. So there are two basic requirements for a trademark to be registered under Trademark Registration in Hyderabad, Telangana; firstly it must be capable of represented graphically and secondly, it must be capable of distinguishing goods and service of one person from others goods and service, a trademark may include any of the following things:

 

  • Any name including the surname of the applicant, which is usual for the trade to adopt as a trademark.
  • Numeral or letters or a combination of that.
  • Monograms and shape of the goods.
  • Sound marks which are capable of being represented graphically.
  • Any new or invented word or a new word combination of two existing words.
  • Packaging style of the goods
  • Single colour or combination of colour or single colour with the combination of the word.
  • 3- Dimensional sign can also be registered as a mark.  

These are the elements which can be registered as a trademark in Hyderabad but there are also other kinds of marks which do not fall under the aforesaid marks, those types of mark are known as unconventional marks. Unconventional marks include smell and taste mark, in Hyderabad, till date, there is no prescribed mode for the registration of smell and taste mark.

 

Trademark Registration in Hyderabad, Andhra Pradesh/Telangana – A Brief

Trademark is a brand or logo which is useful for the person, industry or enterprise to distinguish its product form its competitor, with the help of Trademark Registration in Hyderabad, Telangana, or you can say logo registration in Hyderabad or brand registration Hyderabad, the owner protects its brand or logo, and no other person can use the brand or logo without the authorization of the owner. For eg., the logo “NIKE” and its tagline “JUST DO IT” is registered and no other company is authorized to use the tagline, a registered trademark is an intangible asset of the business and protects company goodwill and the investment on the brand or symbol. The Madrid Protocol of international registration provides that if one enterprise registers its trademark in one jurisdiction then the enterprise can exercise all rights in other jurisdiction of the world before 2013 Hyderabad is not a signatory of Madrid Protocol but on April 08, 2013 Hyderabad signed this protocol and become the 90th member of the Madrid Protocol.

Trademark Registration in Hyderabad, Telangana enables the owner to easily establish their right on the trademark in the court of law in cases of an ownership dispute, it also prevents similar company names from being registered by other business. After the Trademark Application Hyderabad, the owner will get a TM number within 30 days of the registration this TM number will work as a trademark license. Trademark Registration in Hyderabad, Andhra Pradesh/Telangana takes around two years and after two years you can use the symbol ® with your brand name or with your logo, but before filing Trademark Application Hyderabad, it is essential to check the availability of the trademark and see whether something kind of trademark is already registered or not. Trademark public search is a very important step before Trademark Registration in Hyderabad; a close search of the similar trademark in the market is helpful in avoiding future dispute.  

 

Different Types of Trademark Registration in Hyderabad, Telangana/Andhra Pradesh

There are two types of Trademark which is eligible for Trademark Registration in Hyderabad, the conventional trademark and the unconventional trademark. Section 2(1)(m) of The Trade Mark Act, 1999 the term ‘mark’ is defined but this definition is the inclusive definition and say mark includes brand, label, ticket, name, device, word, signature, letter, packaging or combination of colours, or any combination thereof;. Thus this definition is open for interpretation and another kind of mark can be included. Conventional mark is those mark which is listed under Section 2(1)(m) of The Trade Mark Act, 1999. An unconventional trademark does not fall under the list of conventional trademark, therefore unconventional trademark consists of marks originating from taste, texture, sounds, shapes and smell. In Hyderabad, the Trade Mark Registry has started to recognize the unconventional trademarks and extend the protection to sound mark. The first sound mark was granted on 18, 2008 to the Internet firm Yahoo.

The trademark rules that came into existence on 6 March 2017 has begun a new era of unconventional Trademark Registration in Hyderabad Andhra Pradesh/Telangana, these rules provide a process of registration of an unconventional trademark, according to Rule 26(5) the sound mark can be registered by submitting a sound clip accompanied with musical notion of the mark. Colour-mark can be registered by submitting a reproduction of that mark. According to Trade Mark Rules 2017, the onus of proving that sound or colour mark has acquired distinctiveness or secondary meaning due to bona fide continuous use in on the applicant. The Trade Mark Act, 1999 and The Trade Mark Rules 2017 do not contain any provision for the registration of smell mark.

In Hyderabad, if a trademark is not inherently distinctive but due to continues use of the mark over a long period of time the mark is being capable of distinguishing itself from the competitor then also the owner of the mark can apply for the Trademark Registration in Hyderabad. This mostly applies to the colour mark where mark acquired distinctiveness due to continuous use over a long period of time.

 

The process of Trademark Registration in Hyderabad online, Telangana/Andhra Pradesh

The Trade Mark registration Hyderabad can be obtained for any mark which is being capable of distinguishes the goods or services from other goods and services. The logo registration or brand registration in Hyderabad is, however, a long process which involves multiple steps. The stages of Trademark Registration in Hyderabad are given below

 

  • Trademark Search – It is important that before filing trademark application Hyderabad, the entrepreneur or enterprise or trademark professional must conduct a trademark search of the trademark database. Trademark public search will provide information about the same or similar trademark that has been already registered by the registrar of the trademark. The trademark search can be conducted with the help of the Trademark Registration in Hyderabad website.
  • Trademark Filling – After the trademark public search, the trademark application Hyderabad for the Trademark Registration in Hyderabad online can be filled with the trademark registrar, the trademark application Hyderabad should be accompanied with the prescribed fees and document. The trademark application can be filled in any of the five Trade Mark Registry Office located in Mumbai, Delhi, Kolkata, Ahmedabad and Chennai. An applicant can also file an online trademark application Hyderabad with the help of Attorneys or Advocates or Trademark agent.

 

The trademark application Hyderabad must contain the following necessary information: –

  • Name and Address of the owner of the trademark.
  • Class or classification of the trademark.
  • A brief description of the goods and services.
  • Trademark or the Logo
  • Trademark used since the date

 

  • Trademark Application Allotment – Within one or two working days after the trademark application Hyderabad, a trademark application allotment number is provided to the trademark applicant, through trademark application allotment number the status of the application can be tracked online through Trademark Registration in Hyderabad online portal provided by the central government.  After obtaining the trademark application allotment number the owner of the trademark can fix the symbol of “™” next to the logo.
  • Vienna Codification – The Vienna Agreement (1973) establish Vienna codification or Vienna classification, the Vienna classification an international classification of the figurative elements of the trademarks. After the allotment of trademark application allotment number, the registrar will apply the Vienna classification on the figurative elements of the trademark.  
  • Trademark Examination – Once the Vienna codification is done, the trademark application will be allotted to the trademark registrar office, the officer then reviews the trademark application Hyderabad and checks the correctness of the application and prepares a report based on the review. Trademark officer either accept the application or object the trademark application.This is one of the important stage in Trademark Registration in Hyderabad online process.
  • Hearing – If the trademark application Hyderabad is rejected by the trademark officer then the applicant has a right to appear before the officer and raise the objection. If the officer is satisfied after addressing the objection and justification, the trademark application would be allowed for the publication in the trademark journal. If the officer is not satisfied with the justification of the applicant and rejects his claim then the applicant has a right to appeal the decision of the officer before the Intellectual Property Appellate Board.
  • Trademark Journal Publication – After the examination and acceptance of trademark application, the proposed trademark is published in the Trademark Journal. Trademark Journal is a weekly journal and publishes all those trademarks which has been accepted by the Trademark Registration in Hyderabad.  Once the proposed trademark is published in the journal, then the public had an opportunity to object the Trade mark Registration in Hyderabad, if there is no object within 90 days of the publication then the mark will register within 12 weeks.
  • Trademark Registration in Hyderabad – Once the waiting period is over and no objection is raised by the third party, the Trademark Registration in Hyderabad certificate will be prepared and sent to the applicant on their registered address. Once the registration certificate is issued by the registrar the owner can exercise its exclusive right and can fix the symbol of “®” next to the logo or trademark.

For Trademark Registration in Hyderabad, Telangana/Andhra Pradesh visit the online website of Trade mark registration In Hyderabad, Andhra Pradesh/Telangana.

 

Major Reasons for Online Trademark Registration in Hyderabad, Andhra Pradesh/Telangana

There are various reasons for the online TM registration in Hyderabad, registration give legal recognition to the mark and exclusive right to the owner; there are innumerable reasons for the online Trademark Registration in Hyderabad some of them are given below

 

  • The online Trademark Registration in Hyderabad process is easy and cheap in comparison to the offline registration process, with the help of several legal firms, you can get your trademark certificate without stepping out from your own house.
  • An online registered trademark gives a brand name to your product or service and a registered trademark is a valuable asset for your company like the logo of “apple” is a valuable asset for the Apple Inc. If you have done Brand registration Hyderabad or Logo registration in Hyderabad.
  • In this era of competition, trademark plays a very important role because it distinguishes the product and service from other low-quality products, a wide range range of the customer always go for branded and good quality products.
  • If your trademark is registered then you will get the ownership right over the trademark, if a person, enterprise or industry does not register their trademark under online Trademark Registration in Hyderabad, then they will not exercise the ownership right over the mark.
  • By doing online Trade mark registration in Hyderabad, Telangana/Andhra Pradesh, you obtain the right to publicly advertise the brand and no other similar mark can be registered after your TM registration Hyderabad, the Trade Mark Office will enroll the registered mark in their trademark register.
  • The owner of the registered trademark can recover up to triple the damages from the infringer, and by registering a trademark the owner receives presumption that he is the valid owner of the mark.
  • A registered trademark which has been done under online TM registration in Hyderabad becomes the property of the owner and in cases of liquidity problem the owner can sell the mark, but if the mark is unregistered then the owner cannot sell the mark. Same goes with the logo or brand, if the logo registration in Hyderabad is done then the logo is legally protected and if the Brand registration Hyderabad is done then again that brand is legally protected.

 

Benefits of Trademark Registration in Hyderabad, Telangana/Andhra Pradesh

Trademark protection is the matter of public policy because a large number of consumer interest is attached with the trademark. It is said by the Hon’ble Delhi High Court in Cable News Network (CNN) v. Cam News Network Ltd that a trademark is just not simply a mark it is more than name or symbol of identity of the business the trademark is the repository of the hard-earned goodwill and reputation of the business. Hence it becomes more important to legally protect our trademark through Trademark Registration in Hyderabad. The benefits of Trademark Registration in Hyderabad are given below:

 

  • Helpful in Advertising and Branding – Today’s competitive market business spend a huge amount of investment in the advertisement. Business usually spends a huge amount of money on the television, newspaper, radio and digital advertisement. If the brand is registered under The Trade Mark Act, 1999 then it would be helpful in advertisement however if the brand is not registered then anyone can claim the ownership on that mark.
  • Protects Business from Unfair Competition – A mark which is registered can be used as a weapon to fight against unfair competition. It is often seen that market is filled with copycats and counterfeiters these copies of the original work exploits and take advantage of the goodwill of the original producer, clothing market is one of the best examples where copies of the original products are cheaply available and it destroys the market for the original product. The Trade Mark Act 1999, provide remedies against such kind of unauthorized use of the brand name but to avail these kinds of benefit the registration of a trademark is compulsory.  
  • Trademark Registration in Hyderabad Restriction against Companies – As per The Companies Act, 2013 a company name cannot be similar or identical to the registered trademark, so a registered trademark protect your mark from being registered as a name of the company, young entrepreneur are taking benefits from this provision of The Companies Act, 2013, existing business owner also in order to avoid future conflicts register their company name as a trademark.
  • Cost Effective and Protection Period – Trademark Registration in Hyderabad in Hyderabad is very cheap, through Trade mark registration in Hyderabad website, you can register your trademark on very low cost. The application of Trademark Registration in Hyderabad takes around 6 months to 2 years of time. Once a trademark is registered owner will get exclusive right for 10 years and if in between these years any other person without the authority of the owner uses the mark then the owner can file suit against him. After 10 years you have to renew your registration from time to time.
  • Licensing of Registered Trademark – Trademark licensing means a process by which a registered trademark owner called licensor allows other person called licensee to use the mark on their products. Licensing of a trademark is a type of merchandise agreement between licensor and licensee, under The Trade Mark Act, 1999 a registered trademark can only be licensed by the owner.

 

Document required in Trademark Registration in Hyderabad, Andhra Pradesh/Telangana

The Trademark Registration in Hyderabad is important for the legal protection of the mark. Through Trademark Registration in Hyderabad the owner protects his mark from the infringement, the process of registration is already discussed above but it is very important to discuss the documents required in the TM registration in Hyderabad, the necessary documents for various types of applicant are given below:

 

  • Individual and Sole Proprietor – Any individual or sole proprietor can also register their trademark, the legal entity or a business entity is neither necessary nor required to register a trademark under The Trade Mark Act, 1999. The documents required to register a trademark for a sole proprietor and individual are as under:

 

  • Identity proof of the proprietor or individual.
  • The proprietor or individual address proof.
  • Copy of the logo along with the application.
  • Signed and authorized Form – 48.

 

  • Small Enterprise/ LLP/ Partnership or Startup – The registration fees for these types of enterprise varies from Rs.4500 to Rs.9000 and for the other enterprise government fees for the registration of a trademark is Rs 9500. So it is important for these types of enterprise that they should file Udyog Aadhar registration certificate along with the following documents

 

  • Partnership/ Company/ LLP- These enterprises need to file Udyog Aadhar certificate along with the following document
    • Signed Form- 48
    • Identity Proof of the signatory
    • Address proof of the signatory
    • Incorporation certificate in case of a company
    • Partnership deed in the case of a partnership
    • Copy of the logo
  • Other Applicants- All other applicants that do not have Udyog Aadhar registration certificate can file a Trademark Registration in Hyderabad application along with the following document
    • Identity Proof of the signatory
    • Address proof of the signatory
    • Incorporation certificate in case of a company
    • Partnership deed in case of a partnership
    • Copy of the logo

 

Various Advantages of getting a Trademark Registration in Hyderabad Certificate

A trademark is a unique symbol, name, word, or other things which can be represented graphically and capable of distinguishing goods and services from other goods and service, the trademark which is registered for any kind of service is known as service marks.

A good trademark is easy to speak and easy to remember sometimes additionally it also needs to be unique and distinct from other marks, in this era of globalization and competition the trademark becomes a very vital tool, it often saw that trademark influence the consumer choice. The person, enterprise or the industry will get the Trademark Registration in Hyderabad certificate in Hyderabad only after the registration of the trademark, there are various advantages of Trademark Registration in Hyderabad in Hyderabad and these are following:

 

  • Exclusive Right – The owner of the trademark after obtaining Trademark Registration in Hyderabad certificate secure the exclusive right over the registered mark, the owner can use the mark on the all the product which is produced by him, the sole ownership over the trademark authorizes owner to stop others from using same or similar kind of trademark on their products.
  • Build Trust and Goodwill – If you are the owner of an enterprise which produces good quality of product from a long period of time then it is obvious that you have a high amount of trust and goodwill among customers, trademark gives recognition to your business and help you in creating permanent customer because the quality of the product, trust and goodwill of the business is closely associated with the trademark.
  • Give Recognition to the Product – It often is seen that the customer associates logo or brand with the quality of the product, and brand or logo resembles the market position of the product, the trademark is also useful in attracting customer as a customer can differentiate and recognize certain kind of goods from their trademark.
  • Differentiates Product – The basic function of the trademark is differentiates the product from other similar kinds of products. The logo or brand name communicates your vision, quality and uniqueness in nutshell it differentiates your product from other producers.
  • Assets creation – If a mark of your business is registered under The Trade Mark Act, 1999 then the registered trademark will be considered as the intellectual property of the business, assets are fuel for every business in events of crises owner of the business can sell the assets in order to gain short term liquidity.
  • Use of Symbol “®” – When you get your Trademark Registration in Hyderabad certificate thereafter you can fix the symbol “®” next to your registered trademark, the registered mark gives the owner an exclusive right to use the mark. If someone else uses the mark without the authority or consent of the owner then the owner can sue the infringing party.
  • Cooperation with third parties – The registered trademark owner are much more likely to secure the cooperation with third parties, for example, Facebook removes and or reclaim the usernames which infringes your registered trademark, online shopping website eBay also take down listing in their website which infringes the registered trademark.
  • Protection against Infringement – No competitor or another enterprise can use your brand name or logo without your authority if he does so it will amount as an infringement of your trademark and you can sue for the same, the owner can get the remedy of injunction and also can claim for the damages.
  • Trademark give 10-year protection – After your receive the Trademark Registration in Hyderabad certificate you get 10-year protection and after ten years you have to renew the Trademark Registration in Hyderabad from time to time.
  • Global Trademark Registration in Hyderabad – If your trademark is registered in Hyderabad and you wanted to register the same trademark in another country in order to expand your business then Trademark Registration in Hyderabad certificate in Hyderabad can be used as a basis of registration in another country.  Registered trademark in Hyderabad provides a good base for the expansion of business in other countries.
  • Attract Human Resources – It is human nature that they always attract towards well-known brands, for example, it is a dream of every student to become a part of big companies like Google and Apple. Trademark inspires and creates a positive image of the organization and a positive image of the organization attracts new and qualifies human resources. 

 

FAQs about Trademark Registration in Hyderabad, Telangana/Andhra Pradesh

In layman’s language trademark is the brand name or a symbol, but according to Section 2(1)(zb) of the Trade Mark 1999, a trademark is a mark which is capable of being represented graphically and distinguish the goods and service of one person from its competitor. These symbols can be a word, signature, name, device, label, numerals or combination of thereof. The legal requirement for a mark to be registered under The Trade Mark Act, 1999 are as follows: 
  • The mark should be capable of represented graphically i.e. in the paper form.
  • The mark should distinguish the goods and service of one undertaking from those of others.
If it is a word then it should be easy to pronounce, spell and remember. The best trademark words are those words which are invented or coined or had a unique geometrical design. It would be good if you avoid geographical name, common person name or surname because no one has a monopoly on such types of name. Avoid using common words like best, perfect, good fabulous etc. It would be ideal that before applying for the trademark application you should conduct a market survey to ascertain whether a similar or same trademark is used in the market or not.
Under the current competitive environment a trademark had four basic functions which is as follows:  
  • It defines the origin of the goods and services.
  • Helps an advertisement of the goods and services.
  • Trademark creates an image for the goods and services in the mind of the customer.
  • Trademark guarantees the uniform amount of quality.
 

Any person who is claiming that he is the proprietor of the mark can apply for the Trademark Registration in Hyderabad in Hyderabad; the applicant may apply in writing in the manner prescribed by The Trade Mark Rules 2017 and The Trade Mark Act, 1999. The application must contain the address and the copy of the proposed mark and if the application is filled by an agent then the application must be accompanied by the Power of Attorney. The application of Trademark Registration in Hyderabad can be filed in English or in Hindi, and it should be filled at the appropriate trademark office. The applicant can also file the Trademark Registration in Hyderabad application through e-filling with the help of online gateways available at official website.

The trademarks that may be registered in Hyderabad are as follows:

 
  • Any kind of the name including the personal name or the surname of the applicant can be registered as a trademark in Hyderabad.
  • Any kind of new word or invented word or words can be registered as a trademark in Hyderabad.
  • Letters and numeral or combination thereof can be registered as a trademark in Hyderabad.
  • Monograms, devices including fancy devices or symbol can also be registered as a trademark in Hyderabad.
  • The shape of goods and their packaging is also eligible for the Trademark Registration in Hyderabad in Hyderabad.
  • Sound marks when represented graphically are eligible for Trademark Registration in Hyderabad in Hyderabad.
  • Combination of colour or a single colour can be registered as a trademark in Hyderabad.
 
There is various kind of benefits attached to the trademark, the registered proprietor can establish the ownership right over the trademark, the proprietor of the trademark can also create and establish ownership with the help of trademark. The owner of the registered trademark can stop other from unlawful use of the trademark and can sue for the damages. The government earns revenue through the registration fees of the trademark, the trademark professional also earn money in consideration of rendering services to the entrepreneurs, the purchaser or the end customer of the goods and service can differentiate the product and get the option to choose between the best.    
There are different kinds of forms depending upon the nature of the application for example Form TM -A, TM-O, TM-R, TM-C etc; the applicant should file the prescribed form and fees along with the application.  
  • For renewal of the trademark, the applicant should file an application along with Form TM-R and fees of Rs. 10000/-  
  • For restoration of a removed trademark, the applicant should file an application accompanied with Form TM-R and fees of Rs. 10,000/- + Surcharge.
  • For the rectification of registered trademark applicant had to file an application along with Form TM-O and fees of Rs.3000/-
  • For the copyright search request and issuance of the certificate, the applicant needs to file an application along with Form TM- C and fees of Rs. 10,000/-
 
Currently, the register of trademark maintained in the electronic form and contains a class of the trademark, the scope of the registration, the register address of the proprietor, description about the trade of the proprietor, if any convention is applicable on the trademark then the date of the convention.
No, in Hyderabad the proof of use before the registration of a mark is neither necessary nor mandatory, a trademark that is proposed to be used can be registered in Hyderabad.
According to the general principle if you register your mark then you should use it. If your mark is not in use then it can be cancelled by the application of the third party. But your mark will not be cancelled unless the third party shows that your mark is not in use for three years. However, if the owner of a mark can show that despite his best efforts and every intention to use the mark, he is unable to use it because of circumstances beyond his control then the mark would not be subject to cancellation.

 

Trademark Registration in Hyderabad legal help

The website has simplified the Trademark Registration in Hyderabad process just for you, it uses new technology and it’s technical team of experts is committed to providing you with the best registration experience. Online Trademark Registration in Hyderabad portal contains packages which includes the following thing: –

 

  • It has a unique trademark search engine, through this engine we can search same or similar trademark before filing your Trademark application Hyderabad.
  • The registration process is fully transparent and every piece of information about the registration process will be shared with you through mail or on mobile number provided in the trademark application Hyderabad.
  • Various Attorneys, advocates and technical expert understand how precious your time is, so they adopt policies where they process your Trademark Registration in Hyderabad certificate on time and with due diligence.
  • We know that it is quite hard to understand all legal proceeding and registration process, so it is advisable to contact advocates or trademark experts and they will explain you the whole process of the Trademark Registration in Hyderabad and also explain you about every necessary provision of The Trade Mark Act, 1999.
  • On the Trademark Registration in Hyderabad, Telangana/Andhra Pradesh website, the entire trademark search takes place in just one click, so if a public search of a trademark is done through the official website then you have to just type the name of trademark that you want to register and everything related to that trademark will come automatically.