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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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Trademark Registration Renewal
Trademark registration is valid only for a term of 10 years. It can then be renewed from time to time after that. Trademark renewal protects those rights which are open only to a registered trademark. In the event that the proprietor fails to renew the trademark, all the insurance that comes with the registration shall be forfeited. A registered trademark, for instance, has the advantage of the legal presumption of ownership. That implies it to try and disprove your ownership, the duty of proof is on others.
What is Trademark?
Trademarks are graphically represented marks that help individuals recognise the corporation or entity who created the products or services. These marks can be registered with the Trademark Registry Offices under the Trademark Act, 1999.
In India, Mumbai, Delhi, Kolkata, Chennai and Ahmedabad, there are five such trademark registry offices, Where a trademark is registered. The holder of the trademark shall have exclusive rights of use and shall be protected by statute from infringement by others of those rights.
Benefits of Renewal
Create separate identity of brand
Creates brand reputation
Safe legal properties from stealing.
Legal rights
Legally use trademark symbol.
Proceess for Renewal
Visit for Trademark Registration Renewal.
Fill renewal form.
Make an online payment.
Your application will be processed.
Get certificate via registered email address.
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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 Registration and Renewal: http://www.trademarkrenewalchennai.in
#trademark renewal in chennai#Renew Trademark registration in chennai#Trademark renewal online in chennai#Online trademark renewal in chennai#Trademark renewal service in chennai#Trademark renewal consultant in chennai
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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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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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Filing and Prosecuting Trademark Applications:
An application for a trademark can be made on Form TM-1 with a prescribed charge of 4500/- or 9000/- at one of the 5 workplaces of the Trade Marks Registry placed at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad relying on the vicinity in which the applicant is living or has his essential vicinity of enterprise Or this can be filed through the online portal of the government. If its miles determined be ideal then its miles marketed with inside the Trade Marks Journal to permit others to oppose the registration. If there may be no competition or if the competition is determined in favor of the applicant then the mark is registered and a certificate of registration is issued. If the applicant’s reaction does now no longer conquer all objections, the Registrar will problem a very last refusal. The applicant can also additionally then enchantment to the Intellectual Property Appellate Board, an administrative tribunal.
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Trademark registration online Delhi.
Territorial Jurisdiction:
Mumbai Office:
Maharashtra, Madhya Pradesh and Goa
Ahmedabad Office:
Gujarat, Rajasthan, Daman, Diu, Dadra and Nagar Haveli
Kolkata Office:
Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Nagaland, Sikkim, Tripura, Andaman & Nicobar Islands
Delhi Office:
Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Delhi and Chandigarh
Chennai Office:
Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, Pondicherry & Lakshadweep
Stages required for acquiring registration of an indicator:
Allotment of application range
Upon receipt of an application for registration, a serial range is allocated to the identical, that’s used as a reference range for the application. The same range is used as Trademark Registration Number if the mark is registered.
Preliminary Examination Report
The Registry examines the application and sends a Preliminary Examination Report (“PER”) collectively with Formalities Check Report (“FCR”) to the applicant in which the Registrar could name upon the applicant to treatment the deficiencies and departmental objections. The applicant has to answer to the PER and FCR inside a duration of 1 month.
Hearing
If the Registrar isn’t pleased with the application and responds to PER, he can also additionally name the applicant for the listening to if the applicant in his respond asked for the identical. If the Registrar is happy with inside the listening to he could order commercial.
Advertisement in Trademark Journal
Upon recognition of the application, the Registrar ought to reason the application with the situations and limitations, if any, to be marketed with inside the trademark magazine as accepted.
Objections, listening to and registration
Any man or woman inside three months from the date of commercial or re-commercial can also add in the prescribed manner (Form TM 5) oppose the registration via way of means of paying prescribed fees; i.e.,2,500/-. The applicant shall record counter announcement in a prescribed manner (Form TM 6) via way of means of paying prescribed fees; i.e.,1,000/-. Any celebration desirous of listening to need to record application in the prescribed manner (Form TM 7) via way of means of submitting prescribed fees; i.e.,500/-. The Registrar after thinking about the written averments and after listening to, if any, comes to a decision as to the claims of the applicant and the opponent and thereafter if the selection is in favour of the applicant, registers the trademark. Upon registration of the trademark, the Registrar shall problem registration certificates in the prescribed form. Registration of the trademark will be powerful from the date of the application and will be in pressure for ten years from such date. In case any celebration to the competition court cases is aggrieved via way of means of the order of the Registrar, it could record an enchantment towards the identical with the Tribunal.
Grounds of refusal:
Section nine offers absolutely the grounds for refusal of registration of any mark and segment eleven offers for the relative grounds for refusal of registration. The rejection order is commonly for the motive of attracting provisions of both segment nine or segment eleven.
Conditions for being eligible for registration as an indicator:
Mark need to be able to distinguish items or offerings of 1 man or woman from the ones of some other.
Mark ought to now no longer consist completely of commonplace marks or warning signs with inside the cutting-edge language or with inside the bona fide or installed practices of the change;
Mark ought to now no longer consist completely of the form of the products as a result of the character of the products themselves
Mark ought to now no longer consist completely of marks or warning signs utilized in widespread for relating to the traits of products or offerings like kind, quality, quantity, supposed purpose, values, geographical starting place etc.
Phonetic equal of registrable phrases could additionally be registrable. For example, “XTRA” can’t be registered, because the identical is the phonetic equal of “extra”.
It ought to now no longer consist completely of form that offers considerable price to the products; a fashion dressmaker watch having a specific form that offers it considerable price, as a result, won’t get registration. Such a form can be registered beneath Neath the Designs Act, 1911 as a layout and now no longer as an indicator.
It ought to now no longer comprise or incorporate of any remember possibly to harm the non-secular susceptibilities of any magnificence or segment of the residents of India;
It ought to now no longer incorporate or comprise scandalous or obscene remember;
It ought to now no longer be of the character as to mislead the general public or reason confusion;
Its use ought to now no longer be prohibited beneath Neath Emblems and Names (Prohibition of Improper Use) Act, 1950;
Registration of a mark can also be refused if there may be a chance of bewilderment at the part of the general public which include the chance of affiliation with:
(a) Any trademark much like in advance trademark used for comparable items or offerings
(b) Any trademark much like famous trademark used for any items or offerings
Registration of a mark can also be refused if its use in India is vulnerable to be averted beneath the regulation of copyright or beneath the not unusual place regulation of passing off shielding an unregistered trademark.
Duration of a Trademark:
The time period of an indicator registration is for a duration of 10 years. The renewal is feasible for similar duration of 10 years ever. Unlike patents, copyrights or business layout trademark rights can final indefinitely if the proprietor maintains to apply the mark.
Remedies for Infringement and Passing-Off:
Two styles of treatments are to be had to the proprietor of an indicator for unauthorized use of his/her mark or its imitation via way of means of a 3rd celebration. These treatments are: — ‘a motion for infringement’ in case of a registered trademark and ‘a motion for passing off’ with inside the case of an unregistered trademark.
The fundamental distinction among an infringement motion and a motion for passing off is that the previous is a statutory treatment and the latter is a not unusual place regulation treatment. Accordingly, to be able to set up infringement with reference to a registered trademark, it’s miles essential best to set up that the infringing mark is same or deceptively much like the registered mark and no similar evidence is required. In the case of a passing off motion, proving that the marks are same or deceptively comparable by myself isn’t enough. The use of the mark ought to be possible to mislead or reason confusion.
Safeguards to be taken via way of means of the owner of a registered Trademark:
The owner ought to use and renew the trademark often and in time. If the trademark is misused via way of means of others he ought to record an in shape for infringement and passing off and additionally take crook motion.
The owner ought to hold an eye in admire of logos posted with inside the Trade Marks Journal and institute competition court cases if same or deceptively comparable logos are marketed. He ought to provoke rectification court cases if a same or deceptively comparable trademark is registered..
International Trademark Protection:
There isn’t any machine as but in which an unmarried trademark application is enough to shield the trademark proper internationally.
It is likewise feasible to make use of multinational submitting structures in sure areas to be able to achieve trademark safety. For example, Belgium, the Netherlands and Luxembourg have an unmarried trademark registry, generally known as the Benelux Trademark Register.
Important paperwork beneath Neath the Trade and Merchandise Act, 1958:
Form TM – 01:
Application for Registration of a Trademark
Form TM – 05:
Notice of Opposition to Application for Registration of a Trademark
Form TM – 06:
Form of Counter-Statement
Form TM – 12:
Renewal of Registration of a Trademark
Form TM – 13:
Restoration of Trademarks eliminated from the sign in for Non-price of renewal fees
Form TM – 16:
Request for Correction of Clerical mistakes or for Amendment
Form TM – 24:
Request to sign in a Subsequent Proprietor of a Trademark
Form TM – 26:
Application for Removal of Trademark from the sign in
Form TM – 38:
Application via way of means of a registered owner for a further or alteration of a regd. Trademark
Form TM – 46:
Request for a Legal Proceeding Certificate
Form TM – 48:
Form of Authorization of Agent in a remember of proceeding
Form TM – 54:
Request for search
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PATENT REGISTRATION DELHI
PATENT REGISTRATION Delhi
A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem. The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention. Filing a patent in India is important as it restricts the contenders from copying, selling or importing the inventors’ creation without their permission, and it is valid for a period of 20 years from the date of application of the patent.
A patent, like any other intellectual property, can be transferred or sold by the inventor.
TYPES OF PATENT AND THEIR FORMS
Form 1- Application for grant of patent
Form2- Provisional/complete specification
Form 3- Statement and undertaking under section 8 (this is only required where a patent application is already filed in the country other than India)
Form 5-Declaration as to inventor ship
Form 28- Forms submitted only by start-ups and small entities.
PUBLICATION OF PATENT APPLICATION
Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal. Patent Registration is a process under which an application is filed with the prescribed authority in order to register an invention in line with The Patent Act, 1970. With Patent Registration, an inventor will have the monopoly over his/her invention. Patent Registration application should be filed to avoid any dispute in future in relation to infringement
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Trademark Registration
WHAT IS TRADEMARK?Trademark can be a word, phrase, symbol, design, combination of letters or numbers, or other device which distinguishes products and services in the marketplace from others. Logo, symbols, words, or any combination thereof that uniquely identifies a firm and/or its goods or services, guarantees the item’s genuineness and gives to the owner the legal rights to prevent the trademark’s unauthorized use.WHY TRADEMARK PROTECTION?
A trademark protects your good or service from infringement or damage of reputation by another company. Trademark Registration in Mumbai provides to have legal recourse to sue another company that uses your likeness to further their own business ventures. Once you start using your business name and logo, you’re building common law trademark protection for them. Trademark Registration helps you gain your customer’s trust. R-symbol gives assurance to your customers and keeps your brand image intact.
Trademark Registration
also To give your trademarks stronger nationwide protection, you must register them. The brand, taglines, logo,
logo Copyright,
labels of the products or services offered by a company should be registered. The benefits are huge for registered trademarks than the unregistered trademarks.Trademark Registration VS Company RegistrationMany companies mistakenly believe that registration of their Company name with Registrar of Companies (ROC) offers protection to their trademark. In fact, such registration with RoC is not related to trademark registration and does not provide any trademark protection for the company name. In cases of expansion of business or transfer of business or any potential infringement/passing off claims. Company Registration is basically the incorporation of a company or the company formation. It Defines and determines rules, regulations, and procedures to be followed for Company. Company name is registered with the Registrar of companies and are governed by the Companies Act, 2013. On the other hand,
Trademark registration
is a legal concept that protects your brand from any kind of infringement and claims. Trademark Registration provides information to the public that you are the true owner. Trademark is registered with the Registrar of Trademarks and are governed by the Trademark act,1999.Procedure For Trademark Registration
What we deal with?We deal with New
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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/
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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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