4999/ incl. GST
- Government Fee: Included
7999/ incl. GST
- Government Fee: Included
8999/ incl. GST
- Government Fee: Included
What is Trademark Registration?
Trademark in TamilNadu is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes).
Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses.
You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
What Kinds of Trademarks Are Available?
Many aspects of your company's image can be trademarked. The thing to think about is which aspect of your brand stands out to your customers. Select the relevant aspect(s) for registration.
A logo should be trademarked because it visually represents your brand. A logo is easier for your customers to remember than a name.
If you have a tagline for your company, you can trademark it as well. A tagline tells your customers what your company stands for.
4. Other Options
Important things to know before getting a Trademark registration
Before beginning, the entrepreneur must conduct a trademark availability search. A Trademark search will reveal information about identical or similar Trademarks that have been filed with the Trademark Registry.
After the trademark search is completed, the trademark registration application can be filed with the Trademark Registrar. However, the application must be submitted in the prescribed manner and accompanied by the appropriate fees. The application can be made online or at any of the five Trademark Registrar's offices in the state. Go to the TrademarkFilings website to register a trademark online.
The Trademark Registration application must contain the following information:
The Vienna Codification Process
The Vienna Classification, also known as the Vienna Codification, is an international classification of trademark symbol elements created by the Vienna Agreement (1973). Following the filing of the Trademark registration application, the Trademark Registrar will apply the Vienna classification to the Trademark based on the marks' figurative elements. During this time, the trademark application status is typically displayed as "Sent for Vienna Codification."
The Trademark registration application will be assigned to a Trademark Registrar's officer once the Vienna Codification is completed. The officer will then review the Trademark application for accuracy and prepare a Trademark examination report. The officer may accept the Trademark application, allow trademark journal publication, or object to the Trademark registration process.
If the application is denied, the applicant may appear before the Trademark Officer to respond to the concerns. If the officer believes the justification is adequate, the Trademark will be approved for publication in the Trademark Journal. If the grounds are insufficient, the applicant may appeal the officer's decision to the Intellectual Property Appellate Board.
Trademark Journal Publication
Once the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal is published weekly and includes all of the trademarks received by the Registrar. Furthermore, members of the public can object to a trademark registration if they believe it will cause them harm. If there are no objections within 90 days of publication, the mark will be registered in 12 weeks.
If a third party objects to the application, a hearing will be scheduled by the Trademark Hearing Officer. Both the applicant and the opponent have the right to appear and present their respective arguments. The Trademark Hearing Officer will decide whether the application should be accepted or rejected based on the hearings and evidence presented. The decision of the Hearing officer, however, can be challenged by the escalating officer.
If there are no objections or oppositions, only the trademark document and registration will be prepared and issued. The owner's trademark becomes a registered trademark only when the Trademark registration Certificate is issued, granting the owner some exclusive rights to the mark. The ® Symbol can now be incorporated into a logo or trademark.
Benefits of Trademark Registration in India
Guards the Commercial Goodwill
The registered owner of a trademark has the right to create, establish, and protect the goodwill associated with his or her products or services. The owner has the right to prevent other businesses from using his trademark illegally. One can also sue the infringer for brand dilution and claim damages for any infringement.
Advertises Goods and Services
Registering a trademark gives the company or its goods and services a face. This aids in brand differentiation and facilitates brand creation. Because most businesses find their identity through trademarks, it plays an important role in advertising and increases brand value.
A registered trademark grants its owner legal protection in the event of infringement. The failure to register a trademark may leave the owner of the original brand name without recourse.
Creation of an Asset
Trademark registration results in the creation of an intangible asset. Registered trademarks can be sold, assigned, franchised, or commercially contracted in order to benefit the company or the individual proprietor.
6 Essential Facts on Trademark
A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, 'Nike', the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.
A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.
If you have a certain brand name, or a logo, or a slogan in mind, we can do a trademark search for you. A simple way to do this yourself, is to just go online to the internet and check if there is a similar company with a similar name to yours, on the internet. You should also check if the domain name of your brand is available or not.
No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.
You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorisation Letter. Once an Authorisation Letter has been received, we prepare your documents, make the application for you online, and pay the necessary fees. Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.
The trademark registration application process is done almost instantly. It can be done within a few hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name.