Why trademark registration is essential in IPR ? (Online TM)
A trademark registration can be described as visual representation of the word, label, device or numeric characters which are used to differentiate the business from the other business. Whether it may be goods or services the business should have the differentiation among the other business. The trademark acts as an exclusive asset for the business. It is useful for a business which safeguards a company’s investment. Hence trademark is an untouchable intellectual property. Tendered trademarks that are identical, similar or already existing trademarks cannot be registered.
In India, the trademarks can get the registration by the Controller General Of patents designs and Trademarks, Ministry of Commerce and Industry. Also the trademarks are registered under the trademark Act 2016 and gives the exclusive rights to the owner to sue the opponent who involve in the infringement activities.
Essential of trademark registration in IPR
Trademark provides unique identity.
When the business market has been widened with multi markets involving in it, there is a need for the differentiation among them. Therefore the only demarcation among the companies to attract the customers exclusively is achieved by registering a unique trademark.
Trademark is never ending
The trademarks come with the validity of ten years. Also it can be further renewed after 10 years easily. A trademark can last longer as the business is alive or even longer than it.
A Trademark works as shield
For any of the entrepreneurs it is a basic need and they have peaceful mind only when it is assured that the band is safeguarded against any of the competition. Hence the trademark works as shield. When a person is indicted in building the trademark when it has been already registered by another person, then the person will not have the privilege and he will not have any authority to oppose the infringer. Thus shielding of the brands in a business is possible only when the so called intellectual property called trademark is being registered.
A trademark is economical
As everybody is always conscious about the money spent on registering the trademarks. Of course the registration of the trademarkis now available with an affordable cost. Also the procedure for the registration of the trademark is reduced substantially. Now the trademark registration takes about 6 months to 1 year process. Moreover as we seen earlier the trademark gets a decade validity. Hence the business people can sit back and relax.
A trademark is as asset
A registered trademark is an absolute asset for the business. In due time the trademark can be sold out, purchased or transferred. It can also be used to obtain loans from the banks, which acts as a tangible asset.
Trademark registration process
The process of the trademark registration in chennai involves the trademark filing, examination of the trademark, publication or advertisement of the trademark, oppositions or the objections if raised/found and then the registration of the trademark, renewal of the trademark after 10 years.
Step 1: Search for the trademark
The applicant should be careful while choosing his / her trademark. Then, there are already many types of trademarks available, once a trademark is selected, it is necessary to do a public search on the trademark database that is available with the trademark registry in chennai to make sure that the trademark is unique and that there are no other trademarks. Similar to his or her trademark.
Trademark search in coimbatore reveals all types of trademarks that are already available in the market, registered or unregistered. The search further reveals whether there is competition for the same trademark in the applicable trademark.
Step 2: To file a trademark application
The application for trademark registration in coimbatore depends entirely on the goods and services to which the business relates, either in a single class or in a multi-class. The registration application form is TM-A which can be filed either online either through the official IP India website or physically on the Trademarks Office Fee, which is subject to trademark jurisdiction.
The application for trademark registration in adayar should be supported with multiple documents with full details of the trademark for which registration has been requested. Moreover, if the applicant claims a previous use in the trademark, then the use of the user’s affidavit must be accompanied by proof of use with proof of its previous use.
Step 3: Examination of trademark application by government authority
After the trademark application filing in chennai, a mandatory examination report is issued by the examiner after a detailed examination of the trademark application in accordance with the guidelines of the Trademark Act, 2016.
The examination report by the Authority may or may not disclose certain objections, which may be complete, relevant or procedural. The report of this examination is issued by the Trademark Authority within 30 days of online trademark filing in chennai
Step 4: After the exam
After filing the answer to the examination report, the examiner (Trademark Authority) may appoint a hearing if he / she is not fully satisfied with the answer submitted or if the objections are not satisfied. After this hearing, the examiner can accept the mark and then forward the application for publication in the journal or reject the above application if any objection still persists.
Step 5: Announce the trademark
Once the registration application is accepted, the trademark is then advertised and also published in the Trademarks Journal for a period of 4 months. The purpose behind the publication and advertisement is to invite the general public to protest against the registration of the sign.
Step 6: Opposition from the general public
Post an advertisement and publication of a trademark in a journal, any attacker may file a notice of protest against the registration of the advertised / published trademark. This notice of opposition to the trademark must be filed by Form TM-O within 4 months of the publication of the mark in the Trademark Journal. If there is an objection / objection to the trademark application, the due process of law must be followed in which the trademark can be registered with the submission of counter-statement application, evidence as well as hearing.
Step 7: Register the trademark
The final step towards the whole process is registration where the application moves towards trademark registration in t nagar after winning the objection and / or opposition to the registration of the registered trademark.
Trademark litigation in chennai is now at the forefront of the countries of the one-day world, mainly through the ever-evolving business competition and the simple means of duplication using consistently profitable techniques. Any lawsuit that essentially involves issues, matters, and trademark-related disputes can generally be called trademark litigation. However, the most common type of trademark litigation is a trademark infringement lawsuit.