If a consumer buys a product thinking it came from a known source, but it didn’t, and later finds the product to be substandard, he has been duped. The trader’s reputation suffers as a result. If a specific symbol that indicates the goods’ origin from a specific trade source is attached to them, it can safeguard the interests of both the consumer and the trader. A trade mark is such a symbol.
As a result, the law safeguards a trade mark as a property right.
A visual representation that is attached to goods to indicate their trade origin is known as a trade mark.
For instance, Lakme Lever Company’s products are distinguished from Revlon’s by using the trade name “Lakme.” The distinct trade mark for Revlon products is the term “Revlon.”
A mark is defined by the Trade Marks Act of 1999 in Section 2(1)(m) as:
A “Mark” can be a device, brand, heading, label, ticket, name, signature, word, letter, product shape, colour combination, numeral shape, colour combination, or any combination of these things.
“Trademark” is defined in Section 2(1)(zb) as a mark that can be graphically represented and can distinguish one person’s goods or services from those of others. Examples of trademarks include the shape of goods, their packaging, and colour combinations.
What does Trademark contain?
It becomes clear after carefully reading the definitions of “trade mark” and “mark” that they contain the following components:
- A device, brand, heading, label, ticket, name, signature, word, letter, numeral, product shape, packaging, or any combination of these elements must constitute a trademark.
- The mark needs to be able to be shown graphically for Trademark registration in Chennai.
- It needs to be able to tell one person’s products or services apart from those of others.
- It might include the packaging, color combinations, and shape of the goods.
- It must be applied to goods or services or proposed to be applied to them.
- The user must indicate a connection between the goods or services and some individuals who have the right to use the mark, either as the proprietor or as a permitted user.
Functions of Trademark
The purpose of a trade mark which has Trademark registration in Chennai is to determine where goods came from. The following are the four functions of a trademark:
It identifies the product and its origin. For instance, the company that manufactures and sells tea under the trade name “Brooke Bond” is identified by the mark.
It ensures its high quality. The quality of the tea sold in packs bearing the mark “Brooke Bond Tea” would be comparable to that of the tea sold in packs bearing the mark “Taj Mahal.”
The product is represented by the trademark. Electronic products are associated with the trademark “Sony.” The brand name “SONY” stands for a particular kind of product in a particular category. As a result, it promotes the product and sets it apart from those Sony’s rivals.
People’s perceptions of the product, particularly those of current or potential buyers, are shaped as a result. The American fast food chain McDonald’s food products are identified by the letter “M,” which helps to establish their image and reputation in the market.
Documents needed
Trademark registration in Chennai needs the following documents.
- The brand name or logo that you wish to register.
- Information regarding the classes for which the trademark will be registered A Power of Attorney grants permission for an attorney to file the trademark registration on your behalf.
- Trademark registration in Chennai needs a certificate of registration required for any MSME or start-up business. The government fee can be discounted by fifty per cent.
- You can register a trademark from the date of its first use if you have been using it for your business in India before applying for registration.
- If that is the case, you will need to submit an affidavit along with supporting documents like registration certificates and invoices.
Trademark registration Process
Before being registered, a trademark application for Trademark registration in Chennai goes through the following stages:
Search, if desired: To find out if the mark is available, a trademark search for identical or similar marks can be performed online and on the Trademarks Registry’s official website.
Filing: A trademark application for Trademark registration in Chennai is filed for the specification of the goods or services for which it is being used or is proposed to be used if it is determined that no similar Trademark has been identified.
Examination Report: Within two to four (2-4) months of the filing date, the trademark application for Trademark registration in Chennai is examined by the Trade Marks Office, and any objections are raised. These objections can be made regarding:
Absolute Reasons (distinctiveness, lack of distinctive character, incapacity to differentiate between goods or services, etc.) and/or Relative Grounds (similarity to an existing trademark on the Trade Mark Register).
The mark will be allowed to be advertised immediately if no objections are raised.
Examination Report Response:
If an examination report is issued, the applicant is required to respond within one month of receiving it, or else the application will be “deemed to have been abandoned.”
The application is published in the Trademarks Journal if the Trade Marks Office is satisfied with the submitted response. Alternately, the Applicant would be offered a show cause hearing if the Examiner had any additional objections.
Advertisement:
If the Examiner is pleased with the response to the objections, the trademark application for Trademark registration in Chennai is published in the Trademarks Journal following examination. The official website hosts the Trade Marks Journal weekly.
Opposition:
The trademark can be challenged for four (4) months after being advertised. The mark moves on to registration if no opposition is filed within this time frame.
Registration and Renewal:
If no opposition is received within four months of the publication of the advertisement in the Trade Marks Journal, the application will be registered. A soft copy of the Registration certificate will then be issued by the Trade Mark Registry.
After the application is submitted, the mark is registered for ten years. The registration can be renewed at any time with the payment of renewal fees. The duration of each renewal term is ten years.
What do you get?
When you approach Trademark registration in Chennai, you will get the following.
- TM Number,
- Fees Paid Receipt, and
- TM-A
- Certificate of Trademark (it will take six to nine months)
Relevant class – Importance
It is necessary to identify the classes in which one wishes to seek trademark protection before filing a trademark application. In addition to classes where there is an intention to use, an application should be made in the relevant classes of current goods and services.
The 45 classes of the NICE International Classification of Goods and Services encompass the specifications. These classes are eminent for Trademark registration in Chennai.
It spans Class 01 through Class 45, with Class 35 through Class 45 focusing on service specification and Class 01 through Class 34 on product specification.
Advantages of Trademark
The consumer and any third parties will be aware, once the trademark registration process is completed, that the trademark applicant owns the goods or services offered under a registered trademark.
- Additionally, the exclusive right to use, sell, and modify the brand or products in any way is granted by the registered trademark.
- The Trademark registration in Chennai and other countries of commercial interest is essential. You are granted the legal right to use your trademark only in these nations.
- Additionally, it prevents unauthorized use of your trademarked brand name or logo by third parties. Additionally, it protects your goods and services from infringement. As a result, acquiring a trademark enables you to safeguard your brand from intruders.
- Most importantly, the ten-year validity of your Trademark registration in Chennai is crucial. It can be used again in ten years. You will be able to continue reaping the benefits of the trademark rights as long as you keep renewing the trademark.
- Additionally, the proprietor may transfer their trademark that has Trademark registration in Chennai. You can transfer a common law trademark when the business is sold.
- Priority for Trademark registration in Chennai will be given to the applicant who submits their application first.
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