Trademark Registration in Hyderabad– Process, Cost, and Documents Required

Hyderabad is the Capital city of Telangana. It has long been a global Trade Centre, and in recent years it has also become the home to various startups in India. It is a city with multiple special economic zones, due to which it is home to many businesses. Its connectivity with the rest of the country further makes it one of the most preferable places for businesses to set up their office. Any place that has a lot of businesses also has a lot of competition among those businesses. As a business owner to make sure that your brand stands out amongst the crowd, going for trademark registration in Hyderabad is very important.

Benefits of trademark registration in Hyderabad

Here are some benefits of trademark registration:

• Being the exclusive user of the trademark
• Being able to stop others from using the same or even very similar trademarks
• Becoming identifiable for your consumers
• Ability to take legal action against those who use your trademark or a similar trademark
• Increasing your brand value
• Being able to register your trademark internationally

Process of Trademark Registration in Hyderabad

The Trademark registration process is quite vast and requires the help of legal experts. In summary, it has the following steps.

Submission Process

1. First, you have to pick the apt Trademark class for registration of your goods or services.

2. Secondly, you need to check if anyone else has already registered a similar Trademark. To check, you have to conduct a Trademark Search on the IP India Trademark website.

3. Thirdly, you have to fill out and submit a Trademark application either at the Trademark Registry or online on the IP India website.
   
   Documents Required for Trademark Registration
   You need to provide the following documents for Trademark Registration in Hyderabad:
   • Proof of Applicant: This includes documents such as PAN, Address Proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals. 
   • Brand Name/ Logo/ Slogan: You have to provide the details of the Trademark that you’re trying to register.
   • Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/Logo. 
   • MSME/ Start-up India Certificate: This works as proof of business. Additionally, partnership firms and body corporates (other than an individual) can avail 50% rebate on Government fees if they provide their MSME OR Start-up India registration certificate.
   • Power of Attorney: You have to file TM-48. It is a legal document that allows a Trademark attorney to file the Trademark on your behalf with the Trademark registry.
   • Board Resolution: Additionally, for private limited or public limited companies, it is mandatory to provide a board resolution from all the directors that allowed the company to apply for a Trademark. Private limited and public companies can only apply for a Trademark after receiving the approval.
   • User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit. This depends on the Trademark being registered. Your Trademark Attorney will ask for it before application submission.   

Examination Process

4. The fourth step is for the Registrar to examine your Trademark and evaluate if it’s appropriate for Trademark Registration. They will either raise objections or approve the Trademark. In case of objections, you need a Trademark Attorney to file replies. You can also choose to not submit any reply and abandon the application.
   Since the trademark application process takes quite a while you must check on your trademark application from time to time.
   Check Your Trademark Application Status
   To check your trademark status follow the following steps:
   • Firstly, go to IP India online website 
   • Secondly, select Trade Mark Application/Registered Mark from the left-hand side menu
   • Next, select National/IRDI Number 
   • Fourthly, after that, enter your Trademark Application Number, enter the captcha, and click on View Button
   • And finally, now you should be able to see your Trademark Application Status. There will also be an alert showing the next steps

Approval Process

5. Once approved, the Trademark is published in Trademark Journal. Any person who feels that this Trademark is similar to their Trademark is required to file an opposition within 3 months from publication. If you receive opposition, once again you need a Trademark Attorney to file replies to it. The Trademark registry will evaluate your replies with the other party’s statements and decide if you can register your Trademark. You can also abandon the application at this point by not filing any replies.

6. Finally, you will receive your registration certificate if there was no opposition or if the Trademark registry found your replies to the opposition to be satisfactory. After this, you can use the ® symbol next to your Trademark.

You can own a Trademark forever. However, every Trademark needs to be renewed every 10 years. To understand the Trademark Registration Process in detail, you should go through this article: Understanding Trademark & its Registration Process in India

Fees & Cost for Trademark Registration in Hyderabad

Trademark Registration carries two types of costs:

1. Government Fees:  The one who is applying for Trademark Registration, their business structure decides their government fees. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally the fee is INR 9,000 (Exceptions exist for businesses with MSME or Start-up India registration).  
2. Professional Fees: This varies from service provider to service provider.

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