A trademark refers to any word , symbol or letters or a combination of these that is used to mark the product so as to distinguish it from the product of another producer. The trademark is useful to make the public aware of the producer or the source of the product. Trademarks play a significant role in product marketing and thus there are certain rules laid down for the registration of trademarks. Every country or nation has a set of rules governing the registration of trademarks. India also has laid down a set of laws governing the registration of trademarks. For trademarks registeration in India the owner has to file an application in writing with the Registrar of Trade Marks in the required format.
Different states of India have their own particular offices wherein one can file the application for trademark registration . For instance for trademarks registration in Chennai , one has to file the application as per the prescribed format and make the payment of the fees either by cash, bank draft , money order or postal order favouring “Deputy Registrar of Trade marks", Chennai. For any other information related to the registration of trademarks in Chennai the Deputy Registrar of Trademarks at the Trade Marks Registry in Rajaji Bhavan , Chennai may be contacted.
How to file trademark application in India The Trade Marks Act, 1999 governs all the matters related to trademarks and holds good throughout India. By registering a particular trademark the person gets exclusive rights for its use. Although it is not compulsory by law to register a trademark , registering the trademark provides legal protection to it.
The trademark offices in India are situated at five places namely , Ahmedabad, Mumbai, Kolkota, Delhi and Chennai. For the registration of a trademark, the application must be filed in Form TM-1 in any of the five offices of the Trademarks Registry within whose jurisdiction the business office would fall. A fee of Rs. 2500/- must accompany the application form. The application is then processed to check if the trademark is unique and not one that is already registered. If found valid then the next step would involve the publishing of the trademark in the Trade Marks Journal allowing others a chance to raise objection, if any. If it is found that there is no objection from anybody then it is registered as a valid trademark and a certificate is duly issued. In case of any objection and the application rejected by the authority the applicant has a chance for appeal to the Intellectual Property Appellate Board.
The general term for which a trademark is registered is for 10 years after which it has to be renewed . One can renew it for another 10 years after the expiry of the first 10 years. In case a registered trademark is not renewed then it is deleted from the register of trademarks.
Registering a trademark although not compulsory as per the law , is beneficial due to the legal protection that it offers.
A trademark is any word , letter, symbol or a combination of all these which is used on the product in order to differentiate it from the product of another manufacturer. The trademark is a distinctive mark of the producer and is useful for marketing the product. Trademarks can be registered by any person so as to gain exclusive rights over its usage. For gaining such exclusive rights the person needs to first register the trademark with the concerned authorities. India like all countries has certain rules for trademarks registration in India.
There are five offices across India for registration of trademarks and these are located at Mumbai, Chennai, Kolkota, Ahmedabad and Delhi. A person can submit the application for registration of trademark to any of the offices depending upon where he resides and where the office of the business is located. For the purpose of trademarks registration in Chennai , one has to submit the application in the prescribed format alongwith the fees to the office of the Deputy Registrar of Trademarks. All details for the registration of trademarks at Chennai may be obtained from the Office of the Deputy Registrar of Trademarks , Trade Marks Registry, Rajaji Bhavan , Chennai.
How to file trademark application in India All matters related to trademarks is governed by The Trade Marks Act, 1999. It is advisable to conduct a good survey of trademarks before submitting the form for registration as it can be rejected in case there is a similar trademark already existing. The procedure for the registration of a trademark involves the filing of the application in the prescribed Form TM-1 alongwith the prescribed fee of Rs. 2500/-. The next step would involve the processing of the application by the concerned authorities to ascertain the validity of the mark . If it is found that no similar trademark exists and that the application can be approved then it is published in the Trade Marks Journal for others to contest. If it is found that nobody has contested the mark , then it is approved and a certificate is issued to validate it. If under any circumstances the application is rejected the applicant still has some hope left as he can make an appeal to the Intellectual Property Appellate Board.
The term “TM" written on a product signifies that the particular trademark is registered and is protected under the law. After a trademark is registered the owner must see to it that he renews it regularly (validity is only for a period of 10 years) . The registration of a trademark only provides protection in India and does not hold good in any foreign country. For protection of a trademark the owner must register it in that particular country.
Registering your trademark is a good idea as your customers identify or distinguish your product from those of another producer through the trademark . Therefore, it would be advisable to get legal protection to protect your identity.
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