What is Trademark Registration – Trademark Search in Chennai
How to register a trademark (brand name) in India?
So, you own a commercial enterprise or want to personal a enterprise, and you are thinking if the Trademark registration in India honestly essential step? Is it some thing which is just good to have for a enterprise or a should have for a commercial enterprise ?
It would be a massive lack of time, efforts and costs !!! Would you like to avoid such devastating scenarios that can hurt your organizations image? Which can bring about all the hard work you placed in constructing logo name (photo) of the commercial enterprise going waste !!!
Then you want to seriously consider protective your company name, identity, brand, logo, picture etc. This is finished with the aid of registering Trademark for your commercial business. If nicely used and promoted, a Trademark becomes the maximum valuable asset of a business. subsequently it is crucial to take into account Trademark registration in India.
You work on your business for such a lot of years to build brand and loyalty in clients mind and you observed out you’re infringing already registered trademarks of someone and you can’t use that name for your commercial business right here after.
What is a trademark?
In simple terms, trademarks is a brand or brand which represents your business.
A visual image like a word signature, name, device, label, numerals or aggregate of colors used by means of owner of the trademarks for items or services or other articles of commerce to distinguish it from other comparable goods or services originating from specific businesses. A trademark may be a phrase, symbol, logo, logo name, wrapper, packaging labels, tagline or a aggregate of those and are used by means of producers or provider companies to pick out their personal products and/or services. It is used to distinguish the owners’ services or products from the ones of its competitors.
Example of trademarks:
Coca cola and Pepsi are two logos from same industry (beverages) which particularly identifies source or beginning of the products as well as an indication of quality.
Trademarks in India are registered via the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered beneath the Trademark Act, 1999 and provide the trademark proprietor the proper to sue for damages while infringements of logos occur.
However, any trademark, which is same or deceptively much like an current registered trademark or trademark for which utility for registration has been made, can not be registered. Also trademark that might in all likelihood cause deception or confusion or is offensive won’t be registered.
Who can apply for trademark?
Any character which can be individual, company, proprietor or legal entity claiming to be proprietor of the trademarks can apply. The utility for trademarks may be filed within few days and you may start using “TM” symbol. And the time required for trademark registry to finish formalities is eighteen to 24 months. You may additionally use the ® (Registered symbol) next in your trademark as soon as your trademark is registered and registration certificate is issued. Once registered a trademarks is valid for 10 years from the date of filing, which may be renewed time to time.
Functions of a trademark are:
• It identifies the services or products and its source
• It guarantees its excellent
• allows in Advertisement of product or service
Different varieties of trademarks:
• A name (including personal or surname of the applicant or predecessor in enterprise or the signature of the individual)
• A coined phrase or an invented phrase or any arbitrary dictionary phrase or words, no longer being immediately descriptive of the individual or fine of the goods / service
• alphanumeric or Letters or numerals or any mixture thereof.
• Image, symbol, monograms, 3 dimensional shapes, letters etc.
• Sound marks in audio format
Documents needed for filing a Trademark Application in India:
• Trademark or logo copy
• Applicant information like name, deal with and nationality and for company: the country of incorporation
• Products or services to register
• Date of first use of the trademark in India, if utilized by you previous to applying.
• Power of attorney to be signed by using the applicant
The procedure for registering trademarks in India
Step 1: Trademark search in Chennai
(time: about 1 to 4 hours) Cost: Rs 0 to Rs. 500
This search is to test whether your company name or logo is just like different already registered trademarks. Generally trademark agent or legal professional conducts this search with the Trademark Office to test if there are any similar logos already registered beneath that precise class. There are two forms of seek: online and offline. It is recommended that you get each the searches done. Once found to be unique you could proceed to the following step.
Step 2: create trademark application
(time required: 2-3 days)
Based on the consequences of the search conducted, the trademark attorney will draft trademarks application, provided that your business name / logo determined to be unique. If someone already has the identical or similar trademarks, you need to change yours. Or in case you are of opinion that the trademark is rightfully yours and you are the use of it since long time even earlier than different celebration trademark registration. You can start the usage of ™ image as soon as you document the shape of trademarks application.
Step 3: Trademark registration
(time 18 to 24 months)
Cost: Government expenses is Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it’d be 9,000/- in all other cases) and trademark attorney professional charges is Rs. 3500/- consistent with application consistent with class.
The Trade marks office will first check your application to look if it’s already been taken. If it has, an indicator objection will be raised.
If it has no objection, it makes an advertisement inside the Trade Marks Journal.
If there may be no competition from different corporations in the next 4 months, your trademarks is registered around six months later.
Trademark objections Dependent Costs Drafting criminal response to objections may be from Rs. 2000/- to Rs 5000 in order to conquer the objections and in case hearing is required, the value per listening to would rely upon the complexity of the matter.
|Official Fees (INR)
|Trademarks Application (Charges are for in line with class per mark application)
|4,500/- in case of Individual/ Startup/ Small Enterprise
|8000/- in case of Individual/ Startup/ Small Enterprise
|9,000/- in all other different cases
|12,500/- in all other different cases
Steps you want to take to registration your trademarks in India:
• Select and authorize an indicator agent or lawyer to symbolize you.
• The trademark lawyer conducts a search.
• Depending upon the effects of the search, the trademarks legal professional will draft your trademarks utility. In case a person already has the same or comparable trademarks, you can should exchange yours.
• The trademark lawyer will record your trademarks application with the Trademark Office and send you the receipt.
• After some days, the trademarks legal professional will ship you the Original Representation Sheet of your trademarks as it has been filed with the Trademark Office.
It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not or no longer to provide you the trademarks; if there are objections from the trademarks workplace or from anybody else, it is able to take longer. And your trademarks is published within the Trademark Journal.
Why you need to do not forget registering trademark for your business
Even biggest groups like coca-cola, Siemens, Apple guard their commercial enterprise by trademarks.
The trademarks would be vital asset for your enterprise and contributes to the goodwill generated.
With registered trademarks you could prevent others from using your trademarked business name / brand etc almost about goods or services it’s miles registered
Trademarks can considered similar to any other shape of asset like actual estate, as it may be sold, certified or assigned
It ensures the identity of the starting place of goods and services.
It stimulates similarly purchase.
It serves as a badge of loyalty and affiliation.
It may enable customer to make a life fashion or style statement.
For more questions and records or for trademark search in Chennai, filing, opposition and registering trademarks in India, you can attain us by way of going to my trademarks requirement .
Cost for Trademark registration in India
|Official Fees (INR)
|Trademark Application (Charges are for in keeping with class in step with trademarks application)
|4,500/- in case of Individual/ Small Enterprise
|8000/- in case of Individual organization/ Startup business / Small business entity
|9,000/- in all other cases
|12,500/- in all different cases
|In case of any objection from the Trademarks Registry a respond to the Trademarks Registry
|4,000/- according to reply
|4,000/- in keeping with respond
|In case of a hearing to overcome the objection –
|5,000/- in step with hearing
|5,000/- in keeping with hearing
Once the Trademarks is ordinary and published inside the reputable journal, it’s far open for competition for 4 months by way of the 0.33 party. In case it’s far opposed, we will must undergo the separate manner for which there could be additional charges depending on the data of the cases.
In case the applicant is a start-up having DIPP certificate, professional expenses will no longer be applicable but the legitimate fees could be INR 5000/-.
We “Solubilis Corporate Services” are the leading Trademark attorney, Patent attorney, Company Secretary in Chennai, Bangalore, Hyderabad, Cochin, Coimbatore, Madurai, Salem, Tirupur and Trichy. We provide Free trademark Search in Chennai and all the other cities in India. Hope you all find this article helpful. Thanks for reading!!!