Trademark and Brand Registration in Chhattisgarh

Would you desire to establish a name for yourself similar to Apple or Reliance? Of course, if the answer is yes, you are about to begin the process. In the modern corporate world, trademark registration in Chhattisgarh is not just a licence but also a necessity. This is due to the fact that what matters is the brand name, not the corporate name. Simply take a look around you and you will notice that brands like Adani, Pizza Hut, Dominos, Amazon, Flipkart, and others are all around you.

So, if you intend to start a business or are already running one, register your trademark in Chhattisgarh to protect your brand. With Instabizfilings, securing a brand is really simple and just takes one day. Send us an email with your request if you want to protect your brand right away, and a member of our sales team will offer you appropriate advice. All documents may be submitted electronically via email, and payment will be made using a secure payment portal. The trademark filing will be finished in a single day, and you`ll have three days to start using the TM symbol. Instabizfilings makes things as easy as possible as a result.

Additionally, the following step after filing a trademark is to track your application online. This is owing to the fact that the trademark registration in Chhattisgarh procedure takes between 9 and 16 months, thus it is advised to maintain a careful eye on the status of the trademark application in order to avoid having it rejected for failure to submit timely responses to the trademark department.

• Exclusive Rights : Registration of a trademark at Chhattisgarh provides the owner with the right to a sole right in respect of the goods or services under the trademark. Perhaps the strongest justification of registration of a trademark in Chhattisgarh is the robust remedies against the un-authorised use. A Chhattisgarh trademarks registration enables the owner to sue on infringement and receive exceptionally potent remedies which include interdict, delivery up of infringement articles and damages. Simultaneously, the provisions of trade marks infringement do not exclude an individual.
• Intangible Property : Imperatively significant to registration is to establish the trade mark as identifiable intangible property in the legal meaning. Registration of trade marks is a store or value vault of the value that is attaching to the reputation or goodwill that the product enjoys. The common law trade mark is an attribute of the goodwill, and in general terms, the goodwill cannot be separated out of the business as a whole. This practically means that an unregistered trade mark shall never have any separate and independent existence. It would always constitute part of the goodwill and it would always be annexed to the business. The business can only obtain a common law trade mark by acquiring the business as a going concern. Registration of the trademarks in Chhattisgarh on the other hand can be transferred as any other asset of a person or a company.
• Right to use Symbol R or ® : After registration of the trade marks, the symbol 12 may be applied to the goods and services that are contained in the registration e.g. 12 or 12 or Registered could be used.

1. Product - Product mark is the name given to a product that is utilized to distinguish one product. They are used to avoid any sort of falseness of the product and also to secure the category of the product.

2. Service - A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.

3. Shape - The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.

4. Pattern - The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.

5. Collective - Collective trademarks are associated with a group of persons and not an individual product/service. Such trademarks are basically possessed by an organization, institutes, and any association that is linked to several members.

6. Certification - Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader's goods or services are certified as meeting particular standards.

7. Sound - Sound form of trademarks: The sound graphics that constitute the mark differentiate goods/services offered by one entity from that of another. Notations of sound that can be graphically represented can be registered as trademarks.

8. Color - “The color combinations in turn become the brand itself and are known by the brand for that particular product. The public has a tendency to link the colors with that particular product.”

9. Word - This is a word mark that is a distinct text of the name of the company/product name. It is specifically a text-based identity mark compared to a logo since a logo is a representation of a pictorial image.

10. Device - A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.

11.Packaging - The contents put on top of the packaging, such as the name etcetera, are able to be trademarks. This would prevent a copycat packaging of a competing product.

Classification of article and service – Names of classes

(The parts of an article or apparatus are, in general, classified with the article or apparatus, except where the parts are articles within other classes).

Class 1: Chemicals used in industry, science, photography, agriculture, horticulture, and forestry; Unprocessed artificial resins; Unprocessed plastics; Manures; Fire-extinguishing preparations; Tempering or soldering preparations; Chemical substances for preserving foodstuffs; Tanning substances; Adhesive used in the industry

Class 2. Paints, varnishes, lacquers; rust preventatives, preventatives against the deterioration of wood; coloring matters; mordents; crude natural resins; metals in foil or powder form, prepared for painters, decorators, printers, and artists

Class 3. Bleaching preparations and other products for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumes; cosmetic products; hair lotions; toothpaste

Class 4: Industrial oils and greases; lubricants; dust absorbing, wetting, and binding-compounds; fuels(including motor spirit and illuminants); candles, wicks

Class 5. Pharmaceutical goods, veterinary preparations, sanitary preparations. Dietetic substances adapted for use in medicine. Food for babies. Plasters. Materials for dressings. Materials for stopping teeth. Dental wax. Disinfectants. Materials for destroying vermin. Fungicides. Herbicides

Class 6. Common metals and their alloys; metal building materials;

transportable metal buildings; metal materials for railway tracks; non-electric cables and wires of common metal; ironmongery, metalware articles, small metal hardware articles; metal pipes, metal tubes; safes; common metal goods, except those listed in other classes; ores

Class 7. Machinery and machine tools; motors and engines (other than road vehicles); machine coupling and transmission equipment (other than road vehicles); agricultural implements (other than hand-operated); egg incubators

Class 8: Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9. Scientific, Nautical, Surveying, Electric, Photographic, Cinematographic, Optical, Weighing, Measuring, Signalling, Checking (supervision), Life-Saving and Teaching Apparatus and Instruments; Apparatus for Recording, Transmission or Reproduction of Sound or Images; Magnetic Data Carriers, Recording Discs; Automatic Vending Machines and Mechanisms for Coin-Operated Apparatus; Cash Registers, Calculating Machines, Data Processing Equipment and Computers; Fire Extinguishing Apparatus

Class 10. Surgical, medical, dental and veterinary instruments and appliances, artificial limbs, eyes and teeth; orthopedic appliances; suture materials

Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, supply of water, or sanitary purposes

Class 12 . Vehicles; apparatus for locomotion by land, air or water

Class 13. Fire arms; ammunition and projectiles; explosives; fire works

Class 14 . Precious metals and their alloys and articles of precious metals or coated therewith, not provided for in other classes; Jewellery, precious stones; Chronometric instruments

Class 15. Musical instruments

Class 16: Paper, cardboard, and products of these materials, except where categorized elsewhere; Printed matter; Bookbinding material; Photographs; Stationery; Adhesives for stationery or house use; Artists' materials; Paint brushes; Typewriters and office requisites, except furniture; Instructional and teaching matter, except apparatus; Plastic materials for packaging, except where categorized elsewhere; Playing cards; Printers' type; Printing blocks

Class 17 : Rubber, gutta percha, gum, asbestos, mica, and goods made of these materials, not provided for elsewhere. - Plastic materials in extruded form for use in manufacture. - Packing, stopping, and insulating materials. - Flexible pipes of a material other than metals

Class 18. Leather and imitations of leather, and goods consisting of these materials and not provided elsewhere in this class; Animal skins, trunks, and traveling bags; Umbrellas, parasols, and walking sticks; Whips, harness, and saddlery

Class 19. Building materials, non-metallic, non-metallic rigid pipes for building; Asphalt, pitch, and bituminous products; Transportable dwellings, non-metallic; Monuments, non-metal.

Class 20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all of the foregoing, and plastics

Class 21. Household or kitchen articles and containers (not of precious metal or coated with such), combs and sponges, brushes (except paint brushes), brush making materials, articles for cleaning purposes, steelwool, unworked or semi-worked glass (except glass for building), glassware, porcelain and earthenware, excluding other classes

Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (except those listed in other classes); padding and stuffed goods (except those made of rubber or plastics); raw fibrous textiles

Class 23 . Yarns and threads, for textile use

Class 24. Textiles and textile products, excluded by other classes; bed and table covers.

Class 25. Clothing, footwear, headwear

Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27. Carpets and rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29. Meat, fish, poultry, and game; Meat extracts; Preserved, dried, and cooked fruits and vegetables; Jellies, jams, and fruit sauces; Eggs, milk, and milk products; Edible oils and fats

Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and products of cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

Class 31. Agricultural, horticultural, and forestry products, except those classified in other classes; live animals; fresh fruits and vegetables; seeds,natural plants, and flowers; foodstuffs for animals, malt

Class 32. beers, mineral and aerated waters, fruit drinks and fruit juices, other non-alcoholic beverages, syrups and other preparations suitable for making beverages.

Class 33 .Alcoholic beverages (excluding beers

Class 34 . Tobacco, smokers' articles, matches

 SERVICES

Class 35 .Advertising, business management, business administration, office functions.

Class 36. Insurance, financial matters; financial affairs; real estate business.

Class 37. Construction of buildings; repair; installation.

Class 38. Telecommunications.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 40. Processing of materials.

Class 41. Education; provision of training; entertainment; sport and cultural activities.

Class 42. Scientific and technological services; research and design in relation thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43. Services for providing food and drink; temporary accommodation.

Class 44. “Medical services, veterinary services, hygienic and beauty treatments for human beings or animals. Agriculture, horticulture, forestry services.”

Class 45.  Legal services; security services for the protection of property and individuals; personal and social services provided by others to satisfy individual needs.

Step 1: Public Search of Trademark

Our expert team will analyse the Trademark name to applied for with the Trademark Public Registry accordingly informing you about the chances of obtaining the mark and if any necessary changes can be made to the word to invent or coin some words to make it unique.

Step 2: Preparation of TM Application

On the basis of the documents and information, our team will prepare the necessary documents along with TM Application

Step 3: Filing of TM Application

The experts shall e-file the application with the TM Authorities and accordingly share with you the submitted application along with receipt.

Step 4: Examination of TM Application by TM Authorities

Once the application is dispatched, the Registrar of Trademark in Chhattisgarh will check out whether you have followed certain terms and that your brand name complies with, the existing law. Moreover, there should not be any similarity or identical with any existing or pending brands for the registration in Chhattisgarh. This is the reason why we preferred you to choose a quirky brand name!

Step 5: Publication of TM in Trademark Journal

After the above process of examination, your brand name will be published in the Indian trademark journal by Registrar of Trademark in Chhattisgarh. This is definitely the most crucial step in the trademark registration process, and nothing much needs to be done, as no opposition needs to be filed in the next 3 months, i.e. in 90 days (or in 120 days in some cases), after the date of publication. If no opposition has been filed, Registrar of Trademark will proceed with the issuance of the Trademark Registration Certificate in Chhattisgarh.

Step 6: Trademark Opposition

In case of any opposition by third parties within 3 months of the publication of the trademark in the trademarks journal, the Registrar of the Trademarks would deliver to you a copy of the opposition notice. You would then be required to respond to the notice of opposition by filing a counter statement within {months}. In case you fail to do so within 2 months, the trademark would be deemed to have been abandoned and is refused.

However, if there is no opposition within the next 3 months, this step shall not apply to you, and your brand name is on track to get accepted for the issuance of the Trademark Registration Certificate in Chhattisgarh.

Step 7: Trademark Registration in Chhattisgarh

The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days or on acceptance of your trademark application in Chhattisgarh after trademark opposition hearing.

Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.

• Logo, if applicable.

• Identity proof of the trademark owner

• Incorporation certificate, if company or LLP

• Address proof

Note: Logo is not mandatory. Word alone can be trademarked.

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