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A
trademark is a unique symbol or word(s) used to represent a business or its
products in order to capable of distinguishing the goods or services of one
enterprises from those of other enterprises. Once registered, that same symbol
or series of words cannot be used by any other enterprises or firm or
organization, forever, as long as it remains in use and proper paperwork and
fees are paid.
Types
of Trademark:
The different types of marks are Word
Marks, Device Marks, Service Marks, Collective Marks, Certification Marks, Well
Known Marks, Unconventional Marks.
Authority of Registration:
The Trademark application are handled by
the office of the Controller- General of Patents, Designs, Trade Marks and
Geographical Indication, who shall be the Registrar of Trade Marks appointed
under the Trade Marks Act 1999. Branches for these offices are available in
Mumbai, Kolkata, Ahmedabad, Delhi, and Chennai.
Benefits of Registration:
It creates an intangible assets of business
establishments
Ø Registered
Trade Mark holder is protected from infringement.
Ø It
gives legal and exclusive identity and uniqueness.
Ø Registered
trademark becomes an untouchable assets or intellectual property for a
business.
Ø It safeguard the company’s investment in the
brand or ideogram.
Ø It
gives immunity against infringement and can sue against the infringers when
contravention of trademark occurs for claiming compensation.
Ø Once
applied for registration of trademark, the applicant can use the “TM” symbol in adjacent to their
trademark and after obtained the
registration certificate the symbol “R” can be put into use.
Ø It
gives credits to the sources of goods and services
Documents and Details required for
registration:
Ø Aadhaar
card of the applicant
Ø PAN
card of the either the applicant or the business establishment
Ø Udayam
or Company or Firm or GST registration certificate of the business
establishment.
Ø Soft
copy of the trademark proposed to be registered in 6*6 size
Ø Digital
Signature in case of online application
Ø Aadhaar
linke phone number and E-mail id
Procedure of Registration:
Any person claiming to be the proprietor
of trademark shall apply either physical to the jurisdictional office of
Registrar of Trademark or through online in the portal of “ipindiaonline.gov.in”.
Before choosing the intended trademark, we have to check the availability
through the said portal wherein trademark database is available because
registration in India is “First to File”
basis. Therefore it is important to apply for registration as soon as
possible in order to secure the investment of your identity of business
establishments.
Once
the application is accepted, the registrar will publish the proposed trademark
for registration in the Indian Trademark Journal.
The
registrar will issue a certificate of trademark registration in case of any
objection is nor raised by the rival persons within 3 months or if
re-advertisement is made, an extended additional period of one month from the
date of publication.
Validity:
The certificate is valid for 10 years from the issued date an it can be renewed
further period also.
This registration is valid only in India
and doesn’t warrant and international status and if you want an international
status, then you have to file an international application to the office of the
World Intellectual Property Organization(WIPO).
A valid registration gives to the
registered proprietor of the trade mark the exclusive right to the use of the
trade mark in relation to the goods or services in respect of which the trade
mark is registered and to obtain relief in respect of infringement of trade
mark in the manner provided by the Trademark Act.
We the “Registration Boss” is a law firm
having a vast experienced and eminent Advocates and Charted Accountants in the
field of filing and pursuing the proceedings for registration of trademark in
all aspects. We have more satisfied clients to whom we have secured Trademark
and it’s subsequent agreement registration in Marthandam, Thucklay and
Nagercoil and in whole Tamil Nadu. For any enquiry and assistance for secure
your trademark registration certificate on time, you may contact to our experts
without any hesitation. Our office contact number is +91 9489606040, +91
7868887575.
