trademark registration in chennai
TRADEMARK REGISTRATION IN CHENNAI
The word Trademark includes and means:
In other words, it may be the name of the brand or its logo registration in chennai or the combination of name and logo. As per section 2 (zb) of The Trade Marks Act, 1999, “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors
What is Trademark Registration in Chennai
trademark registration in chennai
When we buy a house or a vehicle, we register the same before the local sub-registrar office and RTO respectively. In the same way, even a Company Name or a Brand name is to be registered before the trademark registrar in Chennai.
A trademark searches in chennai
in chennai gives exclusive ownership over the brand name to the owner of the mark to use the same. This means, that no third party can use the said mark without the permission of the registered proprietor.
Furthermore, this registration grants the registered owner, a right to use any third party before a court of law against misuse of the registered trademark.
trademark registration in chennai - Who all can apply for Trademark Registration Search in Chennai
TRADEMARK REGISTRAR IN CHENNAI
Who all can apply for Trademark Registration Search in Chennai?
It is not that only a person who owns a business alone can register a Trademark with a business logo registration.
Even a person who is about to start a future business can also register for the name that he likes.
So, the following people can apply for trademark registration search in chennai.
Limited Liability Partnership (LLP)
Private Limited Company
One Person Company (OPC)
Public Limited Company
What all can be Registered under Trademark?
Tag Line / Phrases
Trademark Registration Process – Complete Process
The process starts with Trademark searches in Chennai. but, before doing the name search, we should primarily understand the Trademark Classification.
Once you identifiy the classification, we need to do an effective trademark searches in chennai. And once we ensure that there is no similar or identical mark already registered, we can move for the next stage.
Make the opposition Government fee and obtain the receipt.
Counter Statement submission within 2 months of filing date.
Trademark Registration Process - Complete Process - trademark searches in chennai
Submission of Evidence by the Opponent.
Submission of Evidence by the Opponent.
Arguments between Legal Attorney of both parties.
Order on the Opposition notice.
IMPORTANCE OF TRADEMARK REGISTRATION IN CHENNAI
5 Reasons Why to Register a Trademark in Chennai?
It provides ownership over your Mark:
The registration of a trademark grants the owner of the mark, an exclusive right to use the mark in respect of the goods that are stated in the application form for registration.
So this registration authority that the particular brand and logo registration in chennai or the name belongs to the organization which owns the trademark registration.
It provides Legal Protection:
The Registration of a Trademark provides Legal protection to the registered owner of a mark.
That means that no third party can use the trademark of the registered proprietor without his permission.
If any duplication is found, the registered proprietor can file a suit for infringement.
Huge Status: A Registered proprietor can use the prestigious R symbol after the the name or logo registration in chennai.
This gives branded recognition to the brand. These R registered trademark symbols could be used only by the registered proprietor of the marks.
New business Opportunity: Once the organization gets the Trademark Registration grant, it is authorized to use the R Symbol.
As already seen, it adds value to the business, so there is a very big possibility for attracting investors and franchisees
Enables you to sell online:
The current trend is selling our products online through e-commerce websites like Amazon, Flipkart, etc.
When you sell online, the e-commerce portals demand Trademark Registration Certificate.
Hence the registration enables you to sell your products online.
What are the types of trademark registration searches in chennai
- Normal Trademark
An ordinary normal trademark application refers to a Trademark Application filed an Applicant under one class.
A trademark application that is filed through Form A of the Trademark Rules is called an Ordinary Trademark Application. There are a few basic types of normal trademark applications
Word Mark: A word mark is the most common type of trademark that is filed globally, that starts from the Saravana Store to Google. In other words, it simply means a text-based mark. If your trademark consists only of words, it falls under word mark
Logo Mark: When a work mark along with a logo or if an applicant files a logo as a separate trademark application, it is called as a Logo Trademark. Here, the applicant gets the exclusive right for the word and logo.
Label mark: A trademark application that is filed for the protection of the entire product label design is called a Trademark Label. Right is granted for the entire design of the label.
2. Certification Mark
A Certification mark is used to connote the quality and standard of one specific organization or product.
The organization which satisfies the conditions of the certifying company will have the eligibility to apply for the same before the certifying authority.
The usage of the certification marks gains the trust among the general public favoring the quality of the product or service.
Eg: ISO Certification
- Collective Trademark
This type of trademarks are used to identify a group of people and association of people. Associations, societies, institutions are typically using these types of trademarks.
Members of these organizations use these collective trademarks to express the association of them with the organizations.
They would be restricted to use the mark as soon as their membership expired.
Eg: Rotary Club Logo
- Series Mark
A series mark is a type of trademark used by an organization to represent their product by using the said mark as prefix or suffix in their family brands.
This is to make the audience or consumers to hold trust over the series of products of the organization.
- Convention Trademark
A convention trademark means and refers to a trademark application from a foreign covenant country claiming priority in India.
In other words, an Indian application for trademark registration from a foreign company that has registration in some foreign county.
What are the Trademarks that cannot be registered
What are the marks that cannot be registered - trademark registration search in chennai
A trademark which is very similar or identical as that of other brands
Trademarks which do not have a distinctive character. That means a mark that is not capable of distinguishing the products or services of one company as that of the other.
A trademark that is descriptive. That is to say, a mark that defines the kind, quality, or quantity of the product or service
A trademark that is hurting any religious belief or sentiments.
Marks which are prohibited by the Government of India
how to register company logo in chennai and Documents for trademark registration
trademark registration search in chennai - Documents for trademark registration
Proof of usage of the Trademark
If your trademark has been used for a long time, the following proofs can be submitted supporting the proof of the disclosed date of usage.
COMPANY REGISTRATION CERTIFICATE
BILLS AND INVOICES
NEWS PAPER ADVERTISEMENTS
DOMAIN REGISTRATION PROOF
CLIENT COMMUNICATION LETTERS
RENTAL AGREEMENT IN THE NAME OF THE COMPANY
The above proofs need not be submitted if the mark is a proposed to be used mark.
Process for Trademark Registration in chennai
Process for Trademark Registration - registered trademark symbols
The appropriate authority for registering a company name or brand name or logo is filed trademark registrar in chennai.
The entire process of registering a trademark is completely online in simple words, trademark registration is online. Let us see the complete process of Trademark Registration.
Trademark Searches in Chennai
The Primary step in registering a trademark is to carefully verify the registrability of the mark that we are about to apply for registration.
In simple words, we need to identify if there are any similar marks as that of the subject matter or if the subject trademark is a common term or descriptive trademark.
Once the resort favors registration, we can apply for the same.
Once the report is positive, the applicant can submit the trademark registration application form which is Form TM – A.
The application has to be submitted along with the necessary documents as stated already.
Once the application for registration is submitted, the registry will provide us the Trademark Application Number, shortly called TM Number.
In this stage, the examiners of the Registry will examine the application to ensure whether all the norms of the trademark acts and rules are followed properly.
If any deviation, the registry will send us the examination report with the reason for objection.
The applicant has to reply for the same within 30 days from the date of issuance of the examination report.
If the registry is not satisfied with the reply, the applicant may be called for a hearing.
Once the hearing officer is satisfied with the reply, the application would be published in the journal of the trademark registry. The journal would be kept open for 4 months for any opposition.
If there is no opposition from any third party, the trademark registrar in Chennai, will issue the certification of the Trademark. This certificate is valid for ten years and every ten years, the registration certificate is renewed.
What are the Documents that are required for Registering a Trademark?
What are the Documents that are required for Registering a Trademark? - registered trademark symbols
Similar or identical marks: A Trademark cannot be Registered if it is closely similar or identical with an existing Registered Trademark. (Eg. Adidas Vs.Adimas)
Generic Terms: This is one which is a common dictionary term. The common names like HI or HELLO or GOOD MORNING etc cannot be Registered as a Trademark. (Eg. Welcome, Please etc)
Descriptive Marks: These are on the other hand describes the quality of service or by itself describes the product. These descriptive Terms cannot be Registered. (Eg. Quality Hotel; Tasty Snacks)
Surnames: The trademark act does not want a person to hold sole right over a common Surname or Names. Hence registration of Surnames are not possible. (Eg. Rajesh, Mahesh etc)
Immoral Names: Trademarks which are immoral or scandalous or disparage cannot be Registered as per the Trademark Act.
What to do if you find a Similar mark as that of your Registered TM?
The Registered Trademark holder can initiate legal actions against the infringer exploit unfair misuse of Registered Mark.
As per the Trademark Act, two types of remedies are available for a Registered Trademark owner against the unauthorized use of its Logo or word mark.
They are civil and criminal remedies. Civil remedies can be enforced before the court of law and the criminal remedies can be enforce even through the Police Department.
Claim for damages
Custody of goods
Trademark Registration in Chennai
Setting up your own business in India? Or maybe you’re just trying to protect your brand name by registering it as a trademark? In any case, you’ll want to read this article on trademark registration in Chennai.
There are a total of 45 classes in Trademark Registration. Each class represents a different business activity. Class 1 to 34 deals with business activity related to manufacturing of goods and class 35 to 45 deals with service providing.
What is the difference between Trademark and Registered
The symbol TM and R both represent a trademark or a brand name, but there are some differences in it.
The symbol refers to an unregistered Trademark. But whereas, the R symbol refers to a mark that is registered before the trademark registrar in Chennai. Hence only a Registered Trademark can use the R symbol.
How to check a Trademark Status
It is advisable to check the registration process of the trademark in every periodical so that we will not miss any communication from the Trademark Registry.
The simple steps for checking the online status of your trademark application are stated below.
Step 1: Enter the Intellectual property office portal www.India.nic.in
On the home page, there is an option called Public Search, select that option.
By selecting the above option the portal will navigate you to the other page, where you can find the option of Status, and below that there are other options like Trademark, Patent, etc. In that, select Trademark.
Then select the button Trademark Application/Registered Mark. Then enter the Trademark Application number and proceed further.
On the Left side Top of the status page, you can view the status of your Trademark Application.
Validity of Trademark Registration in Chennai
A registered Trademark Certificate is valid for a period of 10 years from the date of application for Trademark Registration.
And this has to be renewed every 10 years, failing which the mark would be removed from the register of Trademarks.
A renewal application (TM -R) can be submitted within 12 months before the expiry date. Trademark Registration in Chennai