An Overview of Trademark Registration in Chennai
A Trademark is a symbol, logo, design, name, or word used by a business or company to differentiate its products or services from other identical products or services in the market owned by other businesses or companies. A Trademark or a brand is a valuable asset that can be safeguarded under Indian Law. To safeguard a Trademark from being illegally used or copied by others, the owner of the symbol or mark must apply for Trademark Registration in Chennai. The procedure for Trademark Registration in Chennai has various steps, and Swarit Advisors will help you in this.
Any legal entity or any individual can file an application for Trademark Registration in Chennai. The proposed mark or symbol doesn't necessarily have to be used before applying for Trademark Registration, although a prior use of mark improves the chances of registration. Foreign legal entities and nationals can also file applications for Trademark in India and protect registration without extra requirements.
Who can apply for Trademark Registration in Chennai?
Any individuals, private firms, NGOs, LLPs, or businesses can apply for Trademark Registration in Chennai. The Trademark will be submitted to license on behalf of the company concerned in the case of LLPs, NGOs or businesses.
Benefits of Trademark Registration in Chennai
Following are some vital benefits of Trademark Registration in Chennai:
- Get Distinct Personality: The owner of a licensed registered Trademark can use their logo, name, or brand with a copy of the slogan if an infringement happens.
- International Filing of Trademark: A registered Trademark in India may also register internationally. Hence, foreigners will sign & file a Trademark in India.
- Give Exclusive Rights: After registering a Trademark, the Trademark owner has the right to make the mark exclusive & indisputable and use it in a variety of mediums.
- Asset Creation: Registered Trademark is an intangible asset for an entity as it helps in generating more business & helps attract & retain clients by the account of brand recognition. It also permits the business right to use a logo completely for ten years.
Brand Recognition: Products or services are recognised by their mark or logo, which helps create brand value. A robust brand is a huge pull for new consumers and an anchor for existing consumers.
Documents for Trademark Registration in Chennai
Following are some vital documents required for Trademark Registration in Chennai:
- Signed Form 48, this form is used to provide Swarit Advisors attorney with authorisation to file your Trademark application;
- Submit an id proof of the applicant or Trademark owner such as PAN Card, Aadhar Card, or passport;
- Submit address proof of the Trademark owner;
- In the case of an entity, company or LLP, an Incorporation Certificate is required;
- Udyog Aadhar Registration Certificate (The government fees for filing a Trademark application for companies having Udyog Aadhar is Rs. 4500/- and the companies who doesn’t have this certificate have to pay Rs. 9000/-);
- Logo (if required).
Procedure for Trademark Registration in Chennai
Step 1: Trademark Search: The registration process begins with a Trademark Search. Our teams of professionals will help you in conducting a Trademark Search using the tool. Once the Trademark Search is completed, you will proceed with the application based on the details of a similar Trademark application already filed with the Government.
Step 2: Trademark Application Allotment: Once the application for Trademark Registration is filed with the Trademark Registrar, then an allotment number is provided. The Trademark application can be tracked online via the online Trademark Search facility. On attaining the allotment number, the Trademark can affix the TM symbol next to the logo.
Step 3: Examination of Trademark Application: Once you submit the Trademark application along with the documents, the Trademark examiner will examine the application for the correctness and issue a Trademark examination report. The Trademark examiner will accept or object to the application.
Step 4: Trademark Registration: If there are no oppositions or objections to the Trademark application, the Registration Certificate and manuscript will be prepared. Once the Registration Certificate is issued, the mark is considered to be a registered Trademark owner and allows the owner to use the mark.
Renewal of Trademark Registration in Chennai
Following are the members can file the applications for renewal or restoration:
- The owner of the registered Trademark;
- An agent linked with the registered Trademark.
Duration to renew a Trademark
- According to the Rules 57 and 58 in Trademark Rules, 2017, the renewal of a Trademark can be filed within one year prior to the date of expiry;
- According to the Rules 63 and 64 in Trademark Rules, 2002, the renewal can be filed within 6 months prior to the Trademark expiration date;
- The renewal of the Trademark can also file within 6 months after the expiry date.