Trademark Registration Chennai | Brand Registration | Logo Registration
Online Trademark Registration at Chennai in Just 5 Days
Trademark Registration in Chennai: Register your trademark name, slogan, or logo today
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What is Trademark Registration?
A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under the Indian law.
To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration. The process for trademark registration has various steps, and it is essential to hire an expert for trademark filing to ensure a seamless process.
A trademark application can be filed by any person or legal entity in Chennai. The mark does not necessarily have to be used before applying for registration although a prior used mark improves the chances of registration. Foreign nationals and foreign entities can also file trademark applications in India and secure registration without additional requirements.
READ: REASONS TO OBTAIN TRADEMARK REGISTRATION
Benefits of Trademark Registration For Business in Chennai
Legal protection
Registering a trademark provides legal protection against misuse of any kind including infringement or copy of a company’s name or logo, which is often a company’s most valuable asset.
It grants the trademark owner exclusive nationwide ownership of the mark which can be legally upheld in the courts of law in any part of the country.
Exclusive right
Registering a trademark grants the trademark owner the right to make the mark exclusive and incontestable and use it in a variety of mediums.
This will be immensely useful to prove the validity of the mark and the registrants ownership incase of any infringement by a third party.
Brand recognition
Products/ services are identified by their logo which helps create brand value over time. A strong brand is a huge pull for new customers and an anchor for existing customers.
Registering a trademark early and using it will create goodwill and generate more business for the brand owner.
Asset creation
A registered trademark is an intangible asset for a company as it helps generate more business and helps attract and retain customers by account of brand recognition.
It also grants the business legal right to use a logo exclusively for 10 years with the choice to re-register.
How to Check Status of Trademark Registration in Chennai
To do a trademark search in India, visit the trademark search database using a web browser.
- Select Wordmark as the Search Type at the top of the page.
- Enter the wordmark you would like to search the trademark database with. The trademark database can be compared against the search query on three conditions – “start with”, “contains” and “match with”.
- Start with will display all entries in the trademark search database that start with the value provided for search.
- Contains will display all entries in the trademark search database that contains the value provided for search.
- Match with will display all entries in the trademark search database that matches with the value provided for search.
- Enter the class of trademark that is applicable. Trademarks are divided into 45 classes with each class representing a distinct group of goods or service. A registered trademark or trademark application will only be pertinent to the class under which it was applied for.
- Click search to begin the trademark search.
Documents Required for Trademark Registration in Chennai
Documents required
Trademark filing is a simple, online process which can be completed within 24 hours. IndiaFilings has helped file over fifty thousand trademark applications in India and has obtained registration for various leading brands.
There are a certain set of documents that need to be signed, scanned and sent to us. The list is given below.
- Signed Form 48- Form 48 is used to provide IndiaFilings attorney with authorization to file your trademark application.
- Identity proof of the trademark owner- It can be PAN card, passport or Aadhar card.
- Incorporation certificate (if its a company or LLP)
- Udyog Aadhar registration certificate- The government fees for trademark filing for companies having Udyog Aadhar is Rs. 4500. However, they have to pay Rs. 9000 to file is they do not possess an Udyog Aadhar.
- Logo, if applicable and available.
- Address proof.
Read: Find Full List of Documents You Need for Trademark Registration
Trademark Search
Trademark search will help gauge the availability of a mark and to find if any other similar or identical mark exists. The client can proceed depending on the availability of the mark.
45 classes
The World Intellectual Property Office (WIPO) has organized all goods & services under 45 classes. The first 35 classes denote products and the rest services.
™ symbol
Businesses can start using the ™ symbol alongside their brand as soon as the trademark registration application is filed. This symbol is NOT indicative of registration.
® symbol
The ® mark can be used once the trademark application is approved & registration is complete. The entire process usually takes eight to ten months.
What is the Cost of Registering a Trademark in Chennai?
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Renewal of a Trademark in Chennai: Form & Fees
The following members can file the applications for renewal or restoration
- The proprietor of the registered trademark
- An agent associated with the registered trademark
Duration to renew a Trademark
- The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
- The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The renewal can also be filed within six months after the date of expiry.
Forms
The following forms must be provided for renewal of a Trademark along with the allotted fee.
| Form No. | Purpose | Cost (physical filing) |
Cost (e- filing) |
|---|---|---|---|
| TM-R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs.10,000 | Rs.9000 |
| Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee | Rs.4500 + Renewal fee | |
| TM-18 | Affidavit in support of the statement of the case | – | – |
Penalty for Trademark Infringement in Chennai
Trademark infringement occurs when a trademark used by a person is similar or identical to that of a registered trademark rights of another person or company in the jurisdiction.
The most common standards for testing trademark infringement are: (a) close similarity of a mark and its associated goods and/or services to a prior registered trademark and its associated goods and/or services; and/or (b) use of a mark that creates a likelihood of confusion with a prior registered trademark among the relevant consumers.
Penalty for Trademark Infringement – Applying Unauthorized Trademark
A person is considered to be applying a trademark wrongfully if:
- Falsifies any trademark.
- Falsely applies to goods or services any trademark.
- Makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trademark.
- Applies any false trade description to goods or services.
- Applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacture or person for whom the goods are manufactured is required to be applied. A false indication of such country, state, place, name or address.
- Tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied.
For the above offences, a person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
Read: Improper or Unauthorised Trademark Use Guide
How to Register a brand name or a Trademark in Chennai?
Trademark Registration Process
The process of trademark begins with a trademark search. We can help you conduct a trademark search using the tool below to find marks across classes. The government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the search is complete, you will proceed with the trademark application based on the details of identical or similar trademark applications already filed with the government.
Trademark application allotment
Once the trademark registration application is filed with the trademark registrar, a trademark application allotment number is provided within one or two working days. The application can then be tracked online through the online trademark search facility. On obtaining the allotment number, the owner of the trademark can affix the TM symbol next to the logo.
Vienna codification
The Vienna codification established by the Vienna agreement (1973) is an international classification of the figurative elements of marks. Once the application is filed, the trademark registrar will apply the Vienna classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as “sent for Vienna codification”.
Trademark Examination
Once the Vienna codification is complete, the trademark registration application will be allotted to an officer in the trademark registrar office. The trademark officer would then review the trademark application for correctness and issue a trademark examination report. The officer will either accept the application and allow for journal publication or object the same.
Objection
If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the officer and address the objections. If the officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.
Journal Publication
Once the trademark registration application is accepted by the registrar, the proposed mark is published in the trademark journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. Once it is published, the public have an opportunity to object to a particular registration, if they believe their business will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks’ time.
If the trademark registration application is opposed by a third-party, a hearing will be called for by the trademark hearing officer. Both the applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application.
Based on the hearings and the evidence presented, the hearing officer will determine if the application should be accepted or rejected. The decision of the hearing officer can also be challenged by escalating it to the Intellectual Property Appellate Board.
Trademark Registration
If there are no objections or oppositions to the application, the trademark manuscript and trademark registration certificate will be prepared. Once the trademark registration certificate is issued, the mark is considered to be a registered trademark of the owner, granting the owner exclusive use of the mark. The symbol can now be placed next to the logo.
Top Reasons for Trademark Objection
In cases wherein the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised within 30 days.
The following are the top reasons for trademark objection:
Use of Incorrect Trademark Form
In case the trademark application is not made on the proper form, an objection as following is raised by the Trademark Examiner.
Corrective Action: The applicant can overcome this objection by requesting to correct trademark application by filing a request on form TM -16.
Incorrect Trademark Applicant Name
The trademark applicant name must be entered properly in an application, as suggested in this article. In case of incorrect trademark applicant name.
Corrective Action: The applicant can overcome an objection for incorrect trademark applicant name by requesting to correct trademark application by filing a request on form TM -16.
Failure to File Trademark Form TM-48
Whenever a trademark application is filed by a Trademark Attorney or Trademark Agent on behalf of the applicant, Trademark Form TM-48 must be attached. In case of Form TM-48 is not attached or incorrectly executed.
Corrective Action: The applicant can overcome an objection for failure or incorrect Form TM-48 filing by requesting to correct trademark application by filing a request on form TM -16.
Incorrect Address on Trademark Application
In case a trademark application has not mentioned the principal place of business of the applicant, or if the applicant’s address for service in India is not mentioned.
Corrective Action: The applicant can overcome an objection for incorrect address by requesting to correct trademark application by filing a request on form TM -16.
Vague Specification of Goods or Services
In a trademark application, if the specification of goods or services is too vague or encompasses a large variety of goods and services in a class.
Corrective Action: The applicant can overcome an objection on the specification of goods or services by requesting to correct trademark application by filing a request on form TM -16.
Same or Similar Trademark Exists
In case, same or similar earlier trademarks of different trademark owner are found on records in respect of the same or similar description of goods or services.
Corrective Action: The applicant can submit a reply to the trademark examination report by stating that trademarks cited as conflicting marks in the examination report are different than the applicant’s trademark, along with supporting evidence.
Trademark Lacks Distinctive Character
Trademarks which are not capable of distinguishing the goods/services of one person from those of another person are devoid of distinctive character and thus liable for objection under absolute grounds for refusal of trademarks.
To overcome a trademark objection under absolute grounds for refusal, the trademark applicant can submit proof to show that the mark has acquired a distinctive character by virtue of its prior use.
Trademark is Deceptive
An objection can be raised by the Trademark Examiner, if the mark has the potential for the deception of the public by reason of something inherent in the mark itself or in its use, like nature, quality or geographical origin of the goods or services.
An objection as to deceptive trademark can be overcome if the applicant seeks to exclude goods or services from the specification by filing Form TM-16.
How to do Alteration of a Registered Trademark?
There is a provision for alteration or change in trademark under the requirements of Section 59 complemented by rule 98. In the event of change in name of the proprietor or address on the trademark label, permission is given for alterations or amendments. One can add the word limited to a company’s name.
There are no extreme consequences if the counter-statement has not been filed or there is a delay by registered proprietor and the registrar will allow or deny such a counter-statement appeal after the hearing of the proprietor and the changed trade mark will be published in the Trade Marks Journal.
Read: Reasons for Trademark Application Rejection
What Happens incase of Improper Filing of Trademark Application?
In case a trademark application is made in an improper form, then an objection as following could be raised by the trademark Examiner:
“The application is made on form TM-1, for certification mark in respect of goods or services falling in a class, the form of the application should be corrected as TM-4 by filing a request on form TM-16.”
Any such objection can be responded by filing trademark Form-16, requesting a correction. However, such process does take time and effort leading to longer trademark registration processing time. Hence, it is best to take help from a Trademark Attorney through IndiaFilings, prior to filing any trademark registration application forms.
Trademark Opposition Procedure Infographics
FAQ: Trademark Registration Frequently Asked Questions
What can be registered as a trademark?
Any word, name, device, label, numerals or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.
What trademarks are NOT registerable?
Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
What is a trademark class?
To standardize the goods or services which the trademark will represent, the trademark registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes. Trademark registration is granted for that specific class of goods or service.
Will my trademark application be valid across the world?
No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
Can a foreigner or a foreign entity apply for a trademark in India?
Yes, a foreign person or a foreign entity can apply for trademark registration in India.
How long will it take to obtain trademark registration?
Trademark application can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the registry to complete their formalities and provide registration for the trademark.
When can I use the TM mark?
The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.
When can I use the ® mark?
The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.
How long is a registered trademark valid for?
Registered trademarks are valid for 10 years from the date of filing. The owner of the mark can file for renewal to keep the trademark protection current prior to the end of its validity.
What if the trademark application gets refused?
If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.
What is the meaning of the status ‘abandoned’?
If the trademark examiner raises an objection to the application and if there is no response to the objection notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.
