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Trademark Registration in Chennai: A Complete Guide
Introduction
Trademark registration is essential for businesses looking to protect their brand identity. In Chennai, a city known for its thriving industries and startups, securing a trademark ensures legal protection against unauthorised use. This article provides a comprehensive guide to trademark registration in Chennai, covering its benefits, process, required documents, and costs.
What is a Trademark?
A trademark is a unique symbol, word, logo, or combination that distinguishes a brand from competitors. It gives the owner legal rights and prevents others from using similar marks without permission.
Benefits of Trademark Registration in Chennai
Legal Protection: Prevents unauthorised use of your brand name or logo.
Brand Recognition: Enhances credibility and trust among customers.
Exclusive Rights: Grants sole ownership of the trademark for 10 years, renewable indefinitely.
Business Asset: Increases business valuation and potential for franchising or licensing.
Nationwide Protection: Ensures legal rights across India.
Trademark Registration Process in Chennai
Step 1: Conduct a Trademark Search
Before filing, perform a trademark search to ensure the chosen name/logo is unique. This can be done online via the Indian Trademark Registry website.
Step 2: Choose the Appropriate Trademark Class
Trademarks are categorised into 45 classes based on business nature. Selecting the correct class is crucial for adequate protection.
Step 3: Prepare the Necessary Documents
Required documents include:
Trademark application form (TM-A)
Logo or brand name representation
Owner’s identity and address proof
Business registration certificate (if applicable)
Power of attorney (if filed through an agent)
Step 4: File the Trademark Application
You can apply online via the IP India website or offline at the Chennai Trademark Office. Upon submission, a receipt is generated for reference.
Step 5: Examination by the Trademark Registry
The Trademark Registrar examines the application for any discrepancies or objections. If objections arise, a response must be filed within 30 days.
Step 6: Publication in the Trademark Journal
If approved, the trademark is published in the Trademark Journal. If no oppositions are raised within four months, it proceeds to registration.
Step 7: Trademark Registration Certificate Issuance
After the waiting period, the Registrar issues a certificate of registration, granting exclusive rights to the owner.
Why Choose a Trademark Consultant in Chennai?
A professional consultant helps with:
Conducting a detailed trademark search
Filing error-free applications
Handling objections and oppositions
Ensuring timely registration
Conclusion
Trademark registration in Chennai is vital for businesses seeking to safeguard their brand identity. Following the correct process ensures protection against infringement and enhances business credibility. Seeking professional assistance can simplify the registration process and increase the chances of approval.
For expert assistance in trademark registration, consult a professional service provider in Chennai today!
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Protecting Your Brand: When and How to Seek Trademark Rectification
Trademark rectification formally corrects errors or disputes in registered trademarks to ensure accurate representation of protected goods or services, preserve intellectual property integrity, and avoid abuse or confusion in the market.
Legal Provisions and Eligibility:
Chapter 7 of the Trademark Act of 1999 in India outlines provisions for Trademark rectification. Section 57 of the Act allows anyone associated with a trademark registration or negatively impacted by one to seek rectification. Eligible parties include those who feel cheated by similarity or illegal registration, Trademark holders, and unrelated third parties.
Filing and Jurisdiction:
You can file trademark rectification requests with the trademark registry, appellate board, or tribunal, all of which are authorised to issue Receipt orders. Typically, you file where you first registered, in places like Mumbai, Chennai, Kolkata, Ahmedabad, or Delhi.
Advantages and Grounds for Rectification:
Trademark Rectification offers benefits such as correcting errors without reapplication and saving costs. Justification for correction incorporates section mistakes, non-payment of renewal expenses, deceitful registration, deception, and inability to utilise the Trademark.
Avoiding Rectification:
To avoid rectification, trademark owners should renew their trademarks in a timely manner, maintain uniqueness, use them in commerce, and prevent infringement. Careful selection of trademarks and adherence to legal requirements also help avoid rectification.
Procedure and Documentation:
Trademark rectification involves drafting an application, submitting forms and fees, providing supporting documentation, and verifying documents. Depending on the initiator, forms include TM-16, TM-M, and TM-26. Necessary documents include proof of trademark availability, power of attorney, affidavits, and evidence of trademark use.
Trademark Rectification Fees:
Government fees for trademark rectification in India are Rs. 3,000 for physical filings and Rs. 2,700 for online filings. Professional fees may vary. Consultation with qualified attorneys is recommended for trademark-related services.
Effects of Rectification:
Trademark rectification can lead to removal from the Trademark Register if the trademark is not used in commerce for a specified period. Registered trademarks must stay in the market and comply with usage requirements to maintain reputation and prevent cancellation.
Conclusion:
Trademark rectification is vital for upholding registered trademarks' accuracy and validity and safeguarding intellectual property rights and product representation. Adherence to legal regulations, timely measures, and diligent trademark management are imperative to prevent rectification and uphold brand integrity.
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Best Trademark Registration In Hyderabad
Trademark Registration In Hyderabad A trademark registration is a law passed that enables a company or individual to prevent unauthorised use of their brand name, logo, slogan, or any other unique mark that distinguishes their goods or services. The trademark who has registered it in Bangalore is given legal protection and has the right to pursue legal action against anyone who uses it without authorization. The owner of a registered trademark may also sell or licence it to other companies or people, generating fresh money.
The Trade Marks Registry reviews the trademark application after it is submitted to make sure it complies with all standards. If no objections are raised, the trademark is published in the Trademark Journal.If no objections are raised within the allotted time frame, the trademark is registered, and the applicant is given a certificate of registration.
Services of Trademark Registration In Hyderabad
There are several types available in Trademark services in Hyderabad offer a range of services to businesses looking to register their trademark. Here are some of the services offered:
Trademark search: Before filing for trademark registration, service providers conduct a comprehensive search to ensure that the trademark is available for registration. They check the trademark databases and databases of similar businesses to avoid any potential infringement issues.
Trademark application filing: Our Service providers help businesses prepare and file the trademark application with the Trade Marks Registry. They ensure that all the required details are included in the application, such as the name of the applicant, the trademark image, and the class or classes of goods or services for which the trademark is sought.
Trademark registration: Service providers assist businesses throughout the trademark registration process, from the initial filing to the final registration. They handle all the correspondence with the Trade Marks Registry and ensure that the process runs smoothly.
Trademark renewal: Trademarks need to be renewed every 10 years, and service providers assist businesses in renewing their trademarks on time to ensure that they remain valid.
Trademark opposition and infringement: our Service providers assist businesses in filing trademark oppositions against similar trademarks or in taking legal action against any entity infringing on their trademark.
Trademark watch: Service providers offer trademark watch services to businesses to monitor any potential infringement of their trademarks.
Trademark assignment and licensing:Our Service providers assist businesses in licensing or assigning their trademarks to other businesses or individuals, thereby creating a new source of revenue.
Process of Trademark Registration In Hyderabad
We are Best Trademark Consultant Services in Hyderabad. Here are the steps involved in the process of trademark registration in Bangalore:
Conduct a trademark search: The first step in the trademark registration process in Bangalore is to conduct a comprehensive search to ensure that the trademark is available for registration. This can be done online or through a trademark attorney.
Prepare the trademark application: Once the trademark search is complete, the next step is to prepare the trademark application. This includes providing details such as the name of the applicant, the trademark image, and the class or classes of goods or services for which the trademark is sought.
File the trademark application: The trademark application can be filed online or through the Trade Marks Registry office in Chennai. The applicant must pay the required fee for the trademark registration process at the time of filing.
Examination by the Trademark Registrar: The Trade Marks Registry will examine the trademark application to ensure that it meets all the necessary requirements. If there are any objections or issues, the applicant will be notified and given an opportunity to respond.
Publication in the Trademark Journal: If the trademark application is accepted by the Registrar, it will be published in the Trademark Journal. This is to give the public an opportunity to object to the trademark registration if they believe that it infringes on their rights.
Opposition: If there are any objections within the specified time period, the applicant will be given an opportunity to respond. If the opposition is not resolved, a hearing will be conducted, and the decision will be made by the Registrar.
Registration: If there are no objections within the specified time period, the trademark will be registered, and the applicant will receive a certificate of registration.
Benefits of Trademark Registration In Hyderabad
Trademark registration in Hyderabad provides several benefits to businesses, some of which are:
Exclusive rights: Trademark registration in Bangalore grants the owner exclusive rights to use the trademark in connection with the goods or services for which it is registered. This prevents others from using the same or similar mark and helps protect the owner's brand.
Legal protection: Trademark registration provides legal protection to the owner against any infringement or unauthorised use of the trademark. The owner can take legal action against anyone who uses the trademark without their permission.
Brand recognition: A registered trademark helps build brand recognition and enhances the value of the business. It helps businesses stand out in the market and establishes their identity.
Competitive advantage: Trademark registration provides a competitive advantage to businesses by creating a unique identity for their products or services. This can help businesses attract more customers and increase their market share.
Licensing opportunities: A registered trademark can be licensed to other businesses or individuals for use, thereby creating a new source of revenue for the owner.
International protection: Trademark registration in Bangalore provides protection within India. However, through international treaties, a registered trademark in India can also be used to obtain protection in other countries.
Deters infringement: A registered trademark acts as a deterrent to others from using a similar mark, as they can face legal action for infringement.
How much does the cost of Trademark Registration In Hyderabad
The Trademark cost in Hyderabad depends on several factors such as the number of classes of goods or services, the mode of application (online or offliTrademark Registration In Hyderabadne), and whether the application is made by an individual or a company.
Trademark search: Before filing the trademark application, a comprehensive search should be conducted to ensure that the trademark is available for registration.
Trademark application: The cost of trademark application in Bangalore depends on the number of classes of goods or services for which the trademark is sought.
Renewal of trademark registration: Trademark registration is valid for ten years from the date of application.
How to get a Trademark Registration In Hyderabad
If you are looking Trademark registration in Hyderabad then we are here to help you with affordable costing Please reach out to Bizivalue- we are a top 10 Trademark registration in Hyderabad .Feel free to share your requirements at [email protected] or visit Bizivalue.in and touch with our experts.
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Best Trademark Registration In Bangalore:
A trademark registration is a law passed that enables a company or individual to prevent unauthorized use of their brand name, logo, slogan, or any other unique mark that distinguishes their goods or services. The trademark who has registered it in Bangalore is given legal protection and has the right to pursue legal action against anyone who uses it without authorization.The owner of a registered trademark may also sell or li it to other companies or people, generating fresh money.
The Trade Marks Registry reviews the trademark application after it is submitted to make sure it complies with all standards. If no objections are raised, the trademark is published in the Trademark Journal.If no objections are raised within the allotted time frame, the trademark is registered, and the applicant is given a certificate of registration.
Services of Trademark Registration In Bangalore
There are several types available in Trademark services in Bangalore offer a range of services to businesses looking to register their trademark. Here are some of the services offered:
Trademark search: Before filing for trademark registration, service providers conduct a comprehensive search to ensure that the trademark is available for registration. They check the trademark databases and databases of similar businesses to avoid any potential infringement issues.
Trademark application filing: Our Service providers help businesses prepare and file the trademark application with the Trade Marks Registry. They ensure that all the required details are included in the application, such as the name of the applicant, the trademark image, and the class or classes of goods or services for which the trademark is sought.
Trademark registration: Service providers assist businesses throughout the trademark registration process, from the initial filing to the final registration. They handle all the correspondence with the Trade Marks Registry and ensure that the process runs smoothly.
Trademark renewal: Trademarks need to be renewed every 10 years, and service providers assist businesses in renewing their trademarks on time to ensure that they remain valid.
Trademark opposition and infringement: our Service providers assist businesses in filing trademark oppositions against similar trademarks or in taking legal action against any entity infringing on their trademark.
Trademark watch: Service providers offer trademark watch services to businesses to monitor any potential infringement of their trademarks.
Trademark assignment and licensing:Our Service providers assist businesses in licensing or assigning their trademarks to other businesses or individuals, thereby creating a new source of revenue.
Process of Trademark Registration In Bangalore
We are Best Trademark Consultant Services in Bangalore. Here are the steps involved in the process of trademark registration in Bangalore:
Conduct a trademark search: The first step in the trademark registration process in Bangalore is to conduct a comprehensive search to ensure that the trademark is available for registration. This can be done online or through a trademark attorney.
Prepare the trademark application: Once the trademark search is complete, the next step is to prepare the trademark application. This includes providing details such as the name of the applicant, the trademark image, and the class or classes of goods or services for which the trademark is sought.
File the trademark application: The trademark application can be filed online or through the Trade Marks Registry office in Chennai. The applicant must pay the required fee for the trademark registration process at the time of filing.
Examination by the Trademark Registrar: The Trade Marks Registry will examine the trademark application to ensure that it meets all the necessary requirements. If there are any objections or issues, the applicant will be notified and given an opportunity to respond.
Publication in the Trademark Journal: If the trademark application is accepted by the Registrar, it will be published in the Trademark Journal. This is to give the public an opportunity to object to the trademark registration if they believe that it infringes on their rights.
Opposition: If there are any objections within the specified time period, the applicant will be given an opportunity to respond. If the opposition is not resolved, a hearing will be conducted, and the decision will be made by the Registrar.
Registration: If there are no objections within the specified time period, the trademark will be registered, and the applicant will receive a certificate of registration.
Benefits of Trademark Registration In Bangalore
Trademark registration in Bangalore provides several benefits to businesses, some of which are:
Exclusive rights: Trademark registration in Bangalore grants the owner exclusive rights to use the trademark in connection with the goods or services for which it is registered. This prevents others from using the same or similar mark and helps protect the owner's brand.
Legal protection: Trademark registration provides legal protection to the owner against any infringement or unauthorised use of the trademark. The owner can take legal action against anyone who uses the trademark without their permission.
Brand recognition: A registered trademark helps build brand recognition and enhances the value of the business. It helps businesses stand out in the market and establishes their identity.
Competitive advantage: Trademark registration provides a competitive advantage to businesses by creating a unique identity for their products or services. This can help businesses attract more customers and increase their market share.
Licensing opportunities: A registered trademark can be licensed to other businesses or individuals for use, thereby creating a new source of revenue for the owner.
International protection: Trademark registration in Bangalore provides protection within India. However, through international treaties, a registered trademark in India can also be used to obtain protection in other countries.
Deters infringement: A registered trademark acts as a deterrent to others from using a similar mark, as they can face legal action for infringement.
How much does the cost of Trademark Registration In Bangalore
The Trademark cost in Bangalore depends on several factors such as the number of classes of goods or services, the mode of application (online or offline), and whether the application is made by an individual or a company.
Trademark search: Before filing the trademark application, a comprehensive search should be conducted to ensure that the trademark is available for registration.
Trademark application: The cost of trademark application in Bangalore depends on the number of classes of goods or services for which the trademark is sought.
Renewal of trademark registration: Trademark registration is valid for ten years from the date of application.
How to get a Trademark Registration In Bangalore ?
If you are looking Trademark registration in Bangalore then we are here to help you with affordable costing.Please reach out to Bizivalue- we are a top 10 Trademark registration in Bangalore.Feel free to share your requirements at [email protected] or visit Bizivalue.in and touch with our experts.
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Global IPR Protection | Overview of Design Protection in India
PUBLISHED ON 24.08.2021 BY MS. APARNA JAIN, MS. HARINDER NARVAN, MS. AASHRIKA AHUJA AND MR. ISHAN BERRYIndustrial designs usually involve protecting a new shape, configuration surface pattern, ornamentation and composition of lines or colours applied to articles which in the finished state appeal to and aesthetically appealing to eyes. The registration and protection of industrial designs in India is administered by the Designs Act of 2000. This Act along with Rules provide for filing of a Design Application in any of the four Patent Offices i.e. Patent Office Delhi, Mumbai, Chennai or Kolkata. However, the prosecution of a Design Application is taken up only at Patent Office Kolkata. Knowledgentia Consultants, being a renowned law firm offering
Global IPR protection
services, provide expert services on all matters concerning filing, registration as well as enforcement of industrial designs within the territory of India.
India joined World Trade Organisation as a “member State” in the year 1995. As a result, the Designs Act, 1911 was repealed and the Designs Act, 2000 was enacted to make the Indian Designs Law compliant with the TRIPS agreement. Novelty under the 1911 Act was determined with reference to India, whereas under the Designs Act, 2000 novelty is determined on a global basis. The classification system of the 1911 Act was based on material characteristics of the article, whereas the Design Rules 2001 and the amendment in 2008 and 2021 provide an elaborate classification based on Locarno Classification system hence for the purposes of the registration of designs and of these rules, articles are classified as per current edition of “International Classification for Industrial Designs (Locarno Classification) published by World Intellectual Property Organization (WIPO)”. Knowledgentia, one of the best corporate international law firm in India offers world class services compliant with national and international statutes when it comes to seeking your design’s protection.
In India, the criteria for registration of industrial design is as follows:-
Finished article appeals to and is judged solely by the eye
New or original.
Not prior published in any country and not publicly known in India.
Is significantly distinguishable from known designs or combination of known designs.
Not a technical or useful function of a product
Not be contrary to public order or morality.
Not be prejudicial to the security of India.
At Knowledgentia, we advise our clients on all pros and cons associated with the aspect of design registration including it being a statutory and a territorial right accruing only basis the on registration. The registered owner thereby has a right to prevent all third parties from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation. Registration of industrial design is an asset that can be licensed. Being experts in providing sound legal advice as best litigation firm in India, we ensure to guide our clients about being cautious in not registering a design that is not new or original; or has been disclosed to the public anywhere prior to the filing date; or is not significantly distinguishable; or contains scandalous or obscène matter. The design protection can’t be granted for designs incorporating official symbols or emblems, maps, buildings, stamps, medals etc. Any person who desires to register a design is required to submit relevant documents along with the application including (Form-1) along with the prescribed fees as per schedule 1, stating name in full, address and nationality, name of the article, class number and address for service in India. Further, a Representation (in quadruplicate on durable paper of size 210mm x 296.9 mm with a suitable margin) of the article where drawings, photographs, tracings or other representations including computer graphics should clearly show the features of the design from different views. A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated. Further, Priority documents need to be submitted in case of convention application claimed under Section 44 of the Designs Act, 2000.
As one of the best design and patent consultants in India, we advise our clients clearly about timelines and maintenance of their IP. For instance, after an application is made with the Indian Patent Office, an examination report may be issued. Within a stipulated time period i.e., within six months from the date of filing of the design application a reply is required to be filed in response to the objections raised in the examination report. The said period may be extended for a maximum of three months on a request made in Form-18 along with fees as per schedule 1 before the expiry of the stipulated time period of six months.The response may be accepted or rejected by the Controller. If rejected, an opportunity of amending the application or submitting further replies is provided. Once the objections are resolved, the application is accepted and a certificate of registration is issued. The registration is valid for a period of 10 years and can be renewed for another term of 5 years subject to the payment of renewal fee as per schedule 1.
Bet it finding a liable trademark and brand registration firm in India or availing smooth copyright registration services in India, at Knowledgentia Consultants, we ensure providing clear and simple advice for safeguarding and protecting our client’s inventions.
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Benefits Of Trademark Renewal
Trademark renewal retains Brand value / Goodwill.
The registered Trademark provides protection against misuse of Trade Mark by third party.
The registered Trade Mark can be easily transferred or licensed.
The Trademark renewal also motivates the sales by assuring the quality, quantity and genuineness of the product.
Gives a monopoly right to use the Trade name
Statutory right to sue in court
Easier to prove contravention and to recover damages for infringer.
For Trademark Renewal: http://www.trademarkrenewalchennai.in/
#Trademark Renewal in Chennai#Trademark renewal service in chennai#Trademark renewal consultant in chennai#Online trademark renewal in chennai
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What are the Procedures of Trademark Registration in India?
Trademark Registration India
The Trademark Registration India was established in India in 1940 and is currently administering the Trademarks Act, 1999, and the rules thereunder. It serves as a tool and information center and as a facilitator in the country’s trademark matters.
Trademarking a Brand Name
By branding your company name, you are protecting the brand, its reputation, your ideas, all of which have undoubtedly invested a great deal of blood, sweat, and tear work on me. While the process of the trademark itself will take time in all areas that are considered, nothing would be worse than not protecting your trademark and potentially facing an infringement lawsuit from a larger company. Trademark Registration India
The process of register a trademark in India is now possible and convenient so that you can trademark any one of the things below or even a combination of the following:
Letter, word, number, phrase, graphics, logo, sound tag, smell, or a combination of colors.
Trademark registration procedures
1. Browse the internet to get the brand name that is “wacky-enough.”
2. Preparing the trademark application
3. Fill out the brand name registration application
4. Study the process of applying the brand name
5. Publish your brand in Indian Trade Mark magazines
6. Issuance of a trademark registration certificate
Step 1: Browse the Internet to get a brand name that is “wacky-enough.”
This is simply a short & best way for any newcomer to get an attractive, trendy, and interesting brand name. Picking up a brand name that is foolish and quirky is definitely a wise step because most generic names will already be in someone’s hands. Moreover, whistling on a specific name requires a quick search to ensure that you do not choose the brand or trademark name that has already in use. The great part here is that you can invent or do a few things with a mixture of generic words to build yourself a unique brand name. Trademark Registration India
Step 2: Prepare the trademark application
With the application the following supporting documents are to be submitted:
1. Proof of commercial registration: based on your registered business (for example, individual ownership, and so on), proof of identity from company directors and address guides must be provided. In the case of individual businesses, proof of identity of the owner, including a PAN card, an aadhar card can be provided. Whereas, in the case of companies, proof of company address must be provided.
2. Soft copy of the brand.
3. The claim proof (which applies) of the proposed mark may be used in another country.
4. The power of attorney signed by the applicant.
Step 3: Fill out the brand name registration application
Manual packaging and electronic filling are two different ways to deposit a registration.
If you choose “manual fill,” then you have to move personally and hand over your application for registration to the registrar office of brands that are located in major cities in India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait at least 15-20 days to receive the acknowledgment.
But in the case of an electronic filing system, you will receive your receipt to be immediately recognized on the government website. Once after receiving your recognition, you are eligible to use your own brand (TM) symbol next to your brand name!
Moreover, in the event of rejection due to the lack of approval of the name, the applicant will have a second opportunity to re-fill the same Spice form without any additional fees. This means that you get two chances to submit the same form without any additional fees for paying Rs. 1000 / – both times.
In case of incompetence to get the name adopted in the second go, you can submit the spice model again from scratch. This will prove to be cheaper on any given day than to choose the first option.
The whole process including name approval and foundation takes about 2-3 days Trademark Registration India
trademark registration online
Step 4: Study the process of applying a brand name
Once the application has been sent, the registrar will verify whether you have followed some conditions that your brand name, the current law. Furthermore, there should not be any dispute or dispute between existing or pending trademarks for registration. That’s why we preferred you to choose a quirky brand name!
Step 5: Publish your brand in Indian brands magazines
After the examination process, the registrar will publish your trademark name in the Indian trademark mark. This is undoubtedly the most important part of trademark registration, and there should not be any opposition within three months (i.e., 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is to move towards acceptance. Trademark Registration India
Step 6: Issuing a trademark registration certificate
If there is no opposition posed during the stipulated 90-day duration, the registrar must approve your application for a trademark. Hi! This will be the happiest moment as the registrar issues the Trademark Registry Stamp registration certificate.
You can use the registered trademark symbol (®) next to your mark name from the moment your certification is given.
Thus with this blog post, we believe that even a novice can understand all about building a brand name and successfully registering it.
Trademark Class Finder
Trademark Registration India Frequently asked questions (FAQ)
What is a Trademark?
A trademark is a graphic type of a visual symbol representing the trademark and differentiating itself with other traders. It may be a logo, signature, name, mark, term, letters, numbers, types, etc. A trademark symbolizes the identity of the business, so the company decides, after conducting research, to make the brand unique and attractive. As they are intangible or intellectual property assets, they are used for different products or services from other similar products or services produced by a separate organization.
Although trademarks are not mandatory by law or government, it symbolizes the trademark, identity, and quality of the company.
When can the trademark not be registered?
The trademark is supposed to be the company’s assets. Therefore, a similar trademark will not be registered or copied from other organizations. So it should not be identical or copies of other companies. Besides, the trademark, which is fictitious, offensive, identical, contains prohibited elements, etc. It cannot be registered under the law.
Why registered a trademark?
Being an important asset it needs to be registered to prevent the use of your brand name by other business owners. It protects the company’s rights or investments, which it has invested in the brand or logo. An example could be highlighted with the help of giants such as Siemens, Apple, Pepsi, and Coca-Cola that belong to the same industry so far, which indicates separate brands. Likewise, we can find many examples of live companies that carry the trademark as a trademark such as LG, Godrej, etc. The trademark, as the business identity, distinguishes a company with other companies as a trademark. Once registered, the company obtains recognition from trademarks, along with the business name. The brand serves the badge, brand, quality, loyalty, goodwill statement,
How to register a trademark?
Trademark registration does not consist of complicated procedures, only to follow simple procedures. Trademarks are registered under the Trademarks Act, 1999 by the Comptroller General for Patent and Trademark Design, Ministry of Commerce and Industry, Government of India to prosecute other merchants in case of company trademark violations.
Who can apply for trademark registration?
Any individual, owner, company, partnership firm, or legal entity can apply to register the trademark, and the symbol ‘TM’ can be used until the registration is approved. Once the trademark is registered, the company may start using® after obtaining the certificate. All the whole process may take up to two years or 18-24 months. The registered trademark is valid for ten years, and it needs to be renewed at a later time.
The brand is a guarantee of service, products, quality, and advertising. So care must be taken of misuse of himself. The brand should not be the same as others.
The documents required for filing a trademark registration application?
To file a trademark application, one must attach the following documents: –
Trademark or copy the logo,
Applicant details – name, address guide, proof of nationality
Company details,
Products or services to be registered
Copy his signed power of attorney on 100Rs. Stamp paper
The first date of use of the trademark before obtaining or applying for registration
The firm may do the work on its own or through a company-owned legal representative. It may also assign the job to some experienced consulting firms with registration business experience.
Trademark process and registration?
As we mentioned, the brand is the visual form that is usually taken as the company logo. The logo is designed by a graphic designer or any Photoshop maker, but one should follow strict guidelines before designing a logo. The company must carry out research through the trademark agent to verify the similarity of the trademark. Such agents check with the Trademark Office to ensure the authenticity of the brand or to never be licensed with any other company. This test can be done through any process, i.e. online verification and offline verification. One may adopt both procedures to double it to ensure accuracy and uniqueness.
Once the brand is verified with reliable resources, the company may operate. In case of duplication, it needs to get redesigned again, and you will have to do the same search again until you find the exclusive brand. Once uniqueness is achieved, the company or representative must request the formulation of an application in addition to the required documents. After filing the application, the company may use ‘™’ until approval is received.
Once the application reaches the Trademark Office, it will check data to avoid duplication. In the case of repeated application, the last application may be rejected. Otherwise, the trademark mentioned in the Trademarks Magazine will be published for a period of four months to verify any sound against the trademark. If anyone creates an objection, the trademark will be in issue for the hearing until the issue is resolved. After all, clarifications received from legal authorities, the trademark can be sent for registration, which will be approved within six months. The order status can be checked or monitored electronically with the order number issued to the owner of the trademark.
Trademarks being intellectual property and intangible assets and held an important place in the business for at least ten years, which will be renewed after ten years. The company may renew the same brand or can apply for a new brand while following the same process mentioned above.
Usually, trademark registration companies have their qualified employees who abide by the entire process responsibilities on behalf of the company with a certain amount of advisory fees or fees. Hearing the charges, and responding to the charges (in the case of the submitted opposition), may be separate from the trademark registration fees. Choose an experienced legal representative or trademark consulting firm to handle the entire registration process until approval.
What kind of trademarks are not registered?
It is not possible to register any trademark, which is identical or deceptive, such as the existing registered trademarks or the trademark to which the registration application was submitted. Also, the trademark that is likely to cause deception, confusion, or that is offensive may not be registered. Also, geographical names, common names, common words, and common abbreviations are not registered as trademarks.
Why do I have to apply for a trademark?
Obtaining a registered trademark has a number of commercial advantages, such as:
1. Register your trademark to obtain an exclusive right to it.
2. Protect your brands, such as your company’s other assets and properties.
3. It will help you protect your hard-earned goodwill in the business.
4. You can prevent others from promoting the same brand in the same business industry.
5. It will give you nationwide protection for your trade.
What is a nice rating?
Nice Classification (NCL) is a global system used for the classification of goods and services for registration of a trademark. It has a total of 45 classrooms (1-34 for products and 35-45 for services).
Can I register a trademark before starting work?
Sure, even before starting a business one may register a trademark.
Can I get a global brand?
No. Regional brands are in nature, which means, if you are getting a trademark in India, then it will only be valid for India.
What is the authority to register a trademark?
The registered trademark is valid for ten years from the date of submitting the application. The brand may be renewed again.
When can I use the R or TM code?
The “TM” symbol can be used after filing a trademark application. “R” should be used only after trademark registration. The ® symbol may only be used in relation to the goods and services specified in the certificate of registration.
What is trademark infringement?
Trademark infringement is the unauthorized use of the trademark or service mark in or in connection with the goods and/or services in a way that is likely to cause confusion, deception or error regarding the source of the goods and/or services.
Does my registration of a trademark extend to all types of services and goods?
Trademark registrations are unique to the goods or services they represent. Records are a specific product/service made of a “category” of goods or services that they represent. Therefore, the trademark registration will be valid for the entire category of goods or services that it represents.
Is a digital signature mandatory for trademark registration procedures?
Yes, the authorities authorize applicants to verify all documents they provide, including a request to register a trademark with a Category III digital signature. Our experts will assist you in verifying documents by email.
More Information: https://www.letscomply.com/trademark-registration-india/
Contact Us:
+91-97-1707-0500
https://www.letscomply.com/
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Trademark Registration - A brief note
Our name is our Idea and its our brainchild. Trademark Registration help us to protect our brand, logo, name, or combination of colours. Trademark Registration provides protection to the owner of the mark by ensuring the exclusive right to use it, or to authorize another to use the same in return for payment. A trademark is a mark which helps in distinguishing goods or services of one brand from another. A trademark is a word, phrase, symbol, or design that distinguishes the source of products (trademarks) or services (service marks) of one business from its competitors. A trademark, being the recall factor, helps customers identify goods or services in respective protect/service region. Therefore, it is necessary to register your trademark to have legal claim over it and prevent rival entities from exploiting the same. Registration Registrar of Trademarks Chennai has the jurisdiction over the state of Kerala. The application fee will be Rs 45,00/- or Rs 9,000/- per calss. One brand can register in multiple classes also, by paying additional fees for each class. Benefits of Registration of Trademark: The Trademark Registration gives us and exclusive right to the trademark in a particular territory. The barnding and its Trademark Registration helps to diffrentiate our products or services from othgersIt allows the owner of a registered trademark to prevent unauthorized use of his barnd or logo in relation to his products and services. The Trademark Registration enables us to easily reserve our Company NameTrademark Registration will also enabels us to get a superiority for our products in ecommerce websites Process of Trademark Registration
After application Trademark office will check the correctness of the document. After ensuring the correctness of the document they will send the application to an examiner. from this stage we can use "TM" with our logo or brand name applied. The word "TM" means trademark application under processing. However if any discrepancy found by the trademark office, they will send the application for resubmission. And after successfull completion of documentation the same will send to examiner The examiner will excamine the trademark application and check the simalrity of our brand or logo or tradename with the registered one or prior applied one. If the examiner founds any similarity with any other marks or logo or tradename, registered or applied, examiner will ask for reply or clarification. If there is no similarity found or reply for quries asked are satisfactory, examiner will send it for publish in trademark journal. After publising the trademark journel, the application will open for public for their inspection and raisng objections if any. If the mark or logo or tradename is not objected within 2-3 months the trademark application will be approved and the trademark certificate will be issued by the Registrar of Trademarks. After registration, the Trademark Applicant can use the letter (R) with his tradename or logo applied for. Enforcement of Trademark Rights Trademarks can be protected under the statutory law, i.e., under the TM Act and the common law, i.e., under the remedy of passing off. If a person is using a similar mark for similar or related goods or services or is using a well-known mark, the rightful owner of trademark can file a suit against that person for violation of the IP rights irrespective of the fact that the trademark is registered or not. Registration of a trademark is not a pre-requisite in order to sustain a civil or criminal action against violation of trademarks in India. The prior adoption and use of the trademark is of utmost importance under trademark laws. The relief which a Court may usually grant in a suit for infringement or passing off includes permanent and interim injunction, damages or account of profits, delivery of the infringing goods for destruction and cost of the legal proceedings. It is pertinent to note that infringement of a trademark is also a cognizable offence and criminal proceedings can also be initiated against the infringers. Term of protection Initial registration and each renewal of registration, of a trademark shall be for a term of no less than seven years. The registration of a trademark shall be renewable indefinitely About Us :- “Biswas Filing Service”, a Trade Mark Consultancy based in Trivandrum, Kerala. We are providing wide-ranging Intellectual Property Consultancy Services. Our team comprises a set of highly qualified and experienced professionals and partners across the State of Kerala, that embody amongst the best legal talent and trademark agents with highly specialized backgrounds. The above writeup is only our views based on our experience Read the full article
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Understanding the Trademark Rectification Process
Trademark rectification formally corrects errors or disputes in registered trademarks to ensure accurate representation of protected goods or services, preserve intellectual property integrity, and avoid abuse or confusion in the market.
Legal Provisions and Eligibility:
Chapter 7 of the Trademark Act of 1999 in India outlines provisions for Trademark rectification. Section 57 of the Act allows anyone associated with a trademark registration or negatively impacted by one to seek rectification. Eligible parties include those who feel cheated by similarity or illegal registration, Trademark holders, and unrelated third parties.
Filing and Jurisdiction:
You can file trademark rectification requests with the trademark registry, appellate board, or tribunal, all of which are authorised to issue Receipt orders. Typically, you file where you first registered, in places like Mumbai, Chennai, Kolkata, Ahmedabad, or Delhi.
Advantages and Grounds for Rectification:
Trademark Rectification offers benefits such as correcting errors without reapplication and saving costs. Justification for correction incorporates section mistakes, non-payment of renewal expenses, deceitful registration, deception, and inability to utilise the Trademark.
Avoiding Rectification:
To avoid rectification, trademark owners should renew their trademarks in a timely manner, maintain uniqueness, use them in commerce, and prevent infringement. Careful selection of trademarks and adherence to legal requirements also help avoid rectification.
Procedure and Documentation:
Trademark rectification involves drafting an application, submitting forms and fees, providing supporting documentation, and verifying documents. Depending on the initiator, forms include TM-16, TM-M, and TM-26. Necessary documents include proof of trademark availability, power of attorney, affidavits, and evidence of trademark use.
Trademark Rectification Fees:
Government fees for trademark rectification in India are Rs—3,000 for physical filings and Rs. 2,700 for online filings. Professional fees may vary. Consultation with qualified attorneys is recommended for trademark-related services.
Effects of Rectification:
Trademark rectification can lead to removal from the Trademark Register if the trademark is not used in commerce for a specified period. Registered trademarks must stay in the market and comply with usage requirements to maintain reputation and prevent cancellation.
Conclusion:
Trademark rectification is vital for upholding registered trademarks' accuracy and validity and safeguarding intellectual property rights and product representation. Adherence to legal regulations, timely measures, and diligent trademark management are imperative to prevent rectification and uphold brand integrity.
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GST Registration
SOLE PROPRIETORSHIP OR GST REGISTRATION
The sole proprietorship is the simplest business form under which one can operate a business. The sole proprietorship is not a legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. A sole proprietorship can operate under the name of its owner or it can do business under any other name which he wishes to register.
The sole proprietorship is a popular business form due to its simplicity, ease of setup, and nominal cost. A sole proprietor need only register his or her name and secure local licenses, and the sole proprietor is ready for business.
Advantages PROPRIETORSHIP REGISTRATION OR GST REGISTRATION:
· It is the simplest and easiest form of business
· There is no legal distinction between the owner and the business.
· Easy to register.
· There are less legal compliances and regulation in comparison to company
· Only Income tax is required to be filed.
Documents required PROPRIETORSHIP REGISTRATION OR GST REGISTRATION
· Identity and Address Proof of the Proprietor
· Email id / Contact No of the Proprietor
· Passport Size Photo of the Proprietor
· Utility Bill for the registered Office (not more than 2 months)
· No Objection Certificate from the Owner
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Trademark Renewal Online in Chennai | Apply for Renew Trademark Registration Chennai
Aanoorglobal helps to file your application of trademark renewal to extend the rights of your trademarks for the next coming years at an affordable rate.
What is included in our objection reply for trademark package?(Includes)
Object drafting.
Object filing.
Government Fees.
Consultation.
Same day filling.
Precedents search.
What is Trademark Renewal?
A registered trademark in India can be made permanent if you file a trademark renewal application offline or online by paying a renewal fee for every ten years. The application needs to be filled before or on six months from the registration expiry date. The trademark Renewal is useful in India enable you to keep your trademark permanent and perpetual as there are no rights on how many years and times you wish to keep the status of your brands registered and active.
Advantages of Trademark registration renewal:Extension of Ownership rights:
Once can get the protection from powers for infringement over the brand name. The rights over the trademark registration renewal are extended for an additional ten years after every renewal. It offers permanent brand protection and goodwill created by the logo.
Monetary Returns:
A trademark creditor has the full rights to license or assign the mark to someone else in returning of little monetary compensation. Thus, it’s easy to make a profit from the trademark registration renewal.
Protection from Frivolous Litigation:
It is possible to have excellent protection for a trademark without any changes in litigation. The trademarks renewal makes it impossible for anyone to receive the right over others when compared with the trademark owner.
Brand Name Security:
The renewal of trademark promises unhindered and continuous protection of the brand name. The failure of renewal leads to legal protection lapse in the name of the brand.
How to renew your Trademark Registration?
Follow the below few steps to trademark application renewal.
Follow Quick Process:
Fill our simple online questionnaire form, upload the relevant documents and make payment through our protected gateways.
We do have professionals to help you:
Assigned relationship manager, consultation upon the renewal, offer ™ registration certificate and Application No, Filing and preparation of the application.
Your trademark is renewed:
It just it takes 3 to 5 days.
Renewal of trademark registration Procedure:
Day 1 – Collection:
Discussion regarding the necessary information and gathering it, offer needed documents for renewal services for trademarks.
Day2 & 3 – Execution:
Documents drafting by experts.
Day 4- Online Filing :
Day 4- Online Filing ™ renewal application and sharing the acknowledgement.
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Trademark Registration Consultants Chennai, Bangalore - Unimarks
Unimarks offers trademark registration services at affordable price to our clients in India, which meet the client's requirements and expectations completely. Basically, a trademark is a “brand registration” or “logo registration” that you can use to distinguish your product from those of your competitors.
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Our Trademark Expertise Area:
· Trademark Search
· Trademark Filing
· Trademark Renewal
· Trademark Oppositions
· Trademark Appeals
· Trademark Assignment
· Trademark Registration
· International Trademark Registration
Apply for a Trademark, And Protect your Brand Name Today.
Speak Our Experts, Call Now: +91-8939952266
Visit Us: http://www.unimarkslegal.com/portfolio/trademark-registration-chennai-bangalore/
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Trademark Application Services in Chennai
Common Mistakes to Avoid in Chennai Trademark Registration
In today's competitive market, protecting your brand identity is crucial. A trademark distinguishes your products or services from others and builds customer loyalty and trust. Trademark registration is essential if you're a business owner in Chennai looking to secure your brand. Here's a comprehensive guide on trademark registration in Chennai and why they are vital for your business.
Understanding Trademark Registration
A trademark is a symbol, word, phrase, logo, or combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. Registering your trademark grants you exclusive rights to use it in connection with the goods or services it is registered for, providing legal protection against unauthorized use by others.
Why Register Your Trademark?
1. Legal Protection
Trademark registration provides legal protection against infringement. If someone uses your trademark without permission, you can take legal action to prevent unauthorised use and seek damages.
2. Brand Recognition
A registered trademark enhances brand recognition. It assures customers of the authenticity and quality of your products or services, fostering loyalty and trust.
3. Exclusive Rights
Registration grants exclusive rights to use the trademark for the specified goods or services. This exclusivity prevents competitors from using a similar mark that could confuse customers.
4. Asset Value
A registered trademark is an intangible asset that adds value to your business. It can be licensed or franchised, providing additional revenue streams.
5. Nationwide Protection
Once registered, a trademark protects India. This nationwide protection is crucial for businesses looking to expand beyond Chennai.
Trademark Registration Process in Chennai
1. Trademark Search
Before applying for registration, conduct a thorough trademark search to ensure your proposed mark is unique and not already in use. This search helps avoid potential conflicts and rejections.
2. Filing the Application
Prepare and file the trademark application with the Trademark Registry. The application should include the trademark, class of goods or services, and applicant's details.
3. Examination
The Trademark Office examines the application to ensure it complies with legal requirements and does not conflict with existing trademarks. If there are objections, you will be notified so that you can address them.
4. Publication
If the application passes the examination, it is published in the Trademark Journal. This publication allows the public to oppose the registration if they have valid reasons.
5. Registration
If no objections or objections are resolved, the trademark is registered, and a registration certificate is issued.
Trademark Registration Services in Chennai
Several professional services in Chennai specialise in trademark registration, offering expert guidance and support. Here’s how these services can help:
1. Expert Consultation
Trademark registration services provide expert consultation to understand your business needs and guide you on the best approach to protect your brand.
2. Comprehensive Search
They conduct a comprehensive trademark search to ensure your proposed mark is unique and not likely to face objections or conflicts.
3. Application Preparation and Filing
Professionals prepare and file your trademark application, ensuring all necessary details are accurately provided to avoid delays and rejections.
4. Handling Objections and Oppositions
If there are objections or oppositions, trademark services handle the legal aspects, responding to notices and representing you before the Trademark Office.
5. Renewal and Maintenance
Trademark registration services also assist with renewing and maintaining your trademark, ensuring continued protection over time.
Conclusion
Trademark Registration in Chennai is vital in securing your brand identity and ensuring legal protection for your business. Numerous professional services offer expert assistance to simplify the process and safeguard intellectual property. By leveraging these services, you can focus on growing your business while ensuring your brand remains unique and protected.
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Trademark Rectification Demystified: Essential Steps for Correcting Errors
Protecting Your Brand: When and How to Seek Trademark Rectification
Trademark rectification formally corrects errors or disputes in registered trademarks to ensure accurate representation of protected goods or services, preserve intellectual property integrity, and avoid abuse or confusion in the market.
Legal Provisions and Eligibility:
Chapter 7 of the Trademark Act of 1999 in India outlines provisions for Trademark rectification. Section 57 of the Act allows anyone associated with a trademark registration or negatively impacted by one to seek rectification. Eligible parties include those who feel cheated by similarity or illegal registration, Trademark holders, and unrelated third parties.
Filing and Jurisdiction:
You can file trademark rectification requests with the trademark registry, appellate board, or tribunal, all of which are authorised to issue Receipt orders. Typically, you file where you first registered, in places like Mumbai, Chennai, Kolkata, Ahmedabad, or Delhi.
Advantages and Grounds for Rectification:
Trademark Rectification offers benefits such as correcting errors without reapplication and saving costs. Justification for correction incorporates section mistakes, non-payment of renewal expenses, deceitful registration, deception, and inability to utilise the Trademark.
Avoiding Rectification:
To avoid rectification, trademark owners should renew their trademarks in a timely manner, maintain uniqueness, use them in commerce, and prevent infringement. Careful selection of trademarks and adherence to legal requirements also help avoid rectification.
Procedure and Documentation:
Trademark rectification involves drafting an application, submitting forms and fees, providing supporting documentation, and verifying documents. Depending on the initiator, forms include TM-16, TM-M, and TM-26. Necessary documents include proof of trademark availability, power of attorney, affidavits, and evidence of trademark use.
Trademark Rectification Fees:
Government fees for trademark rectification in India are Rs. 3,000 for physical filings and Rs. 2,700 for online filings. Professional fees may vary. Consultation with qualified attorneys is recommended for trademark-related services.
Effects of Rectification:
Trademark rectification can lead to removal from the Trademark Register if the trademark is not used in commerce for a specified period. Registered trademarks must stay in the market and comply with usage requirements to maintain reputation and prevent cancellation.
Conclusion:
Trademark rectification is vital for upholding registered trademarks' accuracy and validity and safeguarding intellectual property rights and product representation. Adherence to legal regulations, timely measures, and diligent trademark management are imperative to prevent rectification and uphold brand integrity.
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