This Is Why Trademark Registration Is So Famous!
A trademark or TM Registration usually represents to a “brand” or “logo”. Trademark registration in Chennai is also available for trade name, distinctive catch phrases, taglines or titles. Properly used and promoted, a trademark can become the most inevitable asset of a business. Trademarks such as Coca-Cola indicate quality along with the source of the goods. Under the Trademark Act, obtaining a trademark registration in Chennai for a business name / brand name is also requiring. Registration of a company or business name under the Company Act does not provide protection to others who begin to use identical or similar marks.
Normally, A trademark filing in Chennai is a legal process provided under the Trademark Act, 1999. Once you have selected the logo, the steps to register a trademark in India are as follows:
Apply for a trademark or TM Registration
- Submit supporting documents along with the application
- Filing for Brand Name Registration Application (Manual or e-Filing)
- Upon receipt of the application, in trademark filing in Chennai, the Registrar will check whether the brand name is in accordance with applicable law, inconsistent, or in conflict with other existing registered or pending brands.
- After testing, the logo or brand name will be published in the Indian Trademark Journal. Within the allotted time, if there is no objection, from the date of publication, the brand name will reach approval
- Once you receive the receipt, you can start using the (TM) logo next to your brand name
- After giving the certificate, congratulations. Your journey to trademark registration in India is complete.
Trademark litigation in Chennai/ TM Litigation
Trademark litigation is now very popular in countries around the world, mainly due to increase business competition and easy means of counterfeiting that use constantly refining technology. Likewise, Any lawsuit that contains issues, issues, or disputes related to trademarks is commonly referred to as a trademark lawsuit.
The trademark litigation in Chennai process usually consists of the following steps or steps:
The registered trademark owner or plaintiff will file a trademark infringement claim, seeking an injunction against the infringing activity and pay damages
Additionally, Defendant will be informed of this claim and given the time required to respond to the allegation
Defendant may or may not agree with the allegations. However, he / she must submit evidence to support him / her.
The plaintiff must also submit evidence in support of the allegations made.
Then, after examining all the evidence sent from both sides, an equivalent conclusion or verdict is sought from the judge. Defendant may select a summary judgment for active resolution.
If not, the case enters the trial phase for the best solution.
Trademark infringement in Chennai
Under the Trademarks Act 1999, a person is considered to have infringed a registered trademark if he uses it as a trademark:
1. Sign that the trademark is significantly identical or fraudulent with the registered trademark on the goods or services subject to registration;
2. Normally, Significantly equivalent or fraudulent with the registered trademark on goods or services that are equally or closely related to the Goods or Services of the Registration, where such use may lead to fraud or confusion;
3. Significantly similar or deceptive to a well-known trademark on unrelated goods or services, such use is likely to indicate a relationship between unrelated goods or services and may adversely affect the interests of the owner, registered owner of the well-known mark.
Comparative Statements may not infringe on the use of the trademark or the purpose of the goods or services, for example the accessories or spare parts for the trademarked goods or services.
There are two types of remedies available for trademark infringement in Chennai . These remedies are:
1. Violation action:
An action for infringement, which is a legal right, depends on the authenticity of the mark registration. Violation of the trademark is a violation of property rights. Trademark registration is the first face proof of ownership of the mark. There is no need to prove that the trademark has a reputation or goodwill in the event of a breach. The question of fraud or the likelihood of fraud is insignificant, the plaintiff must prove that he is the true owner of the trademark and that the defendant is using a mark that is equivalent or deceptive to the registered mark and no further proof is required.
Mitigation and redressal of violations:
2. Restriction on future use of the mark;
3. Account for losses or gains;
4. Order to distribute infringing labels and marks for destruction;
5. Seizure and confiscation of infringing items by the police department;
6. Arrest of violators;
7. Penalties and penalties.
The act of passing is a direct matter of tart or common law. Passing is not defining in Trademarks Act, but it provides policy rules and available solutions. In the case of unrecorded yet well-known marks, the owner of the mark may initiate a pass-off action in the appropriate court. If the respondent incorrectly represents the prospective or final customers of the goods and services during the trade, the plaintiff’s goods or services may get link to the plaintiff’s goods or services and cause the plaintiff to act in favour of the plaintiff. Hurting the plaintiff’s business or goodwill or actually causing damage to the plaintiff’s business or friendship. For any relief the actual fraud and actual damage must get prove. The action can be initiated only at the place where the respondent resides or conducts business or where any part of the action arises.
Significance of TM registration
A registered trademark or TM Registration can prove to be a valuable asset for your company/business. These assets continuing to appreciate over time. As your business grows over time, the value of trademarks will automatically increase. So, as your business grows, so does your trademark value.
Protection for your brand
Establishes ownership over a registered trademark brand, name or logo. This protects your brand from unauthorized use by third parties. The trademark registrationor TM Registration product proves to wholly own by you and you have exclusive rights to use, sell and modify the brand or goods in any manner you wish.
Provides uniqueness to the brand
Likewise, Each business requires a unique brand or logo so a unique and distinct brand must get register, which will set your brand apart from others. Therefore, a registered trademark gives a unique identity to your brand.