Some Truths about Trademark Registration in T.Nagar Chennai

Trademark is one of the intellectual property rights. It is said to be one of the intellectual property rights because it is one of the intangible creations of human intellect. It is the pioneer in providing the knowledge about the TM registration and its benefits to you. A trademark is a sign for a particular product or the service which can be differentiated from other goods or the services.

The procedure is defined under the law Trademarks Act, 1999 and Trademarks rules 2002. It helps to identify the particular product or the service from its competitors. Trademark registration says that few steps are involved in the registration process. It starts with applying in TM application, then send to Vienna codification, formality checks, if failed you have to give the reply, when passed you have to mark for the examination, objection and reply should also be done, then it should go for the hearing process, accepted means it should be advertised. It will invite some opposition and you will have to give the counter statement. Then again hearing is done and it will be registered.

Registration

An unregistered trademark does not pr ovide any security to the product or the service. The owner has to explain about the service or the product and its validity. Usually the unregistered TM comes with TM symbol. It can be used as superscript on the products or the services. When trademark rights are enforced the owner has to face the difficulties. There are possibilities of infringement from all directions. So The trademark registration is important. The registration process involves primarily by applying in the TM application. Also the documents should be collected and drafted and filed. It will take 2-3 working days.

Once it is applied you can use the trademark symbol TM. The registered TM symbol will be R which is in encircled form. A trademark attorney is important for guiding you in getting the suitable trademark. Choosing a mark is easy but you should ensure that it is not similar with the existing trademark in the market. You have to check whether it is compliance with legislations in India. To ensure compliances with the legal norms and avoiding the chances of getting the application rejected you can have the trademark attorney.

Process

The trademark filing includes the documents and its process. Various documents like Form 48, TM-1 and the class should be mentioned without any mistake. The name, address, nationality of the applicant should be mentioned. If the applicant is the company the state should be mentioned. The list of goods or the services should be mentioned. If non English is used it should be translated. Date of first use of trademark in India. Power of attorney is also needed for the trademark filing. The TM objection is of course defined under the section 9. It happens if the registrar thinks that the mark is indicating quality of the goods and if it is descriptive. If the registrar objects the application, within 30 days of receiving the report the applicant should give a written response. When this is done the trademark will be saved from rejection.

So objection is needed. Rather than filing the new application you can make an appeal. After submitting the response, it is then passed to the trademark hearing. It is commonly called as show cause hearing. A hearing notice is sent to the applicant. It consists of application number and date. The applicant should convince the officer with proper documents to accept the mark. The officer may adjourn. The adjournment may happen 2 to 3 times. On frivolous grounds the adjournment is not given. Upon the adjournment hearing fresh Mark hearing notice is sent to the applicant. If the officer is convinced, he may accept the mark. 

 Trademark opposition

Then comes trademark opposition, which is a period of thirty days. Anyone with real interest to stop the mark from registration can oppose. The difference between the objection and the opposition is the objection is given by the registrar, But the opposition is given by the third party. The third person can be any person or a company to say that this trademark already exists and should be prevented from registration. If the mark is scandalous or disparaging the mark opposition can be brought into picture. After this trial is taken and can be countered with documents and accepted the mark is granted. Else the application will be rejected.

The granted TM is valid only for 10 years. You may see that the passport granted for a citizen is also valid for 10 years. So everything has its own validity period. After the validity period comes to an end, the trademark renewal should take place. From the date of expiry in six months the registrar will send you the notice to carry on.  Alteration of logo can be made or application can be given without change. The trademark renewal gives the legal protection to the service or the product. If it is not renewed, the registrar can ask for the removal of the TM by publishing in the journal.

Importance

The trademark registration is an important tool in the business field. It has to be very different and it should be protected by the laws. There are different types of trademarks. Many numerals, characters, alphabets, even sound, colours, logo, brand, taste and the smell can be trademarked. The law allows a citizen or a company to produce such related documents to the office and get it registered. The third party cannot use the registered mark. If used the owner can take actions against the third parties. Infringers are punished and the concerned action is taken on the infringer like providing the injunction or penalty to them. So legal protection is provided when trademark is registered. The uniqueness should always be protected in this competitive world so that the reputation is safeguarded.

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