Most of the time, a trademark is a logo, image, word, slogan, or even a sound, smell, or graphic. A trademark, which is classified as a company’s intellectual property, is like your business’s first impression in the commercial world.
If you think you have a valuable, one-of-a-kind good that can be copied by your rivals and eat away at the benefits of your hard work, getting a trademark for your business or good is a very good idea.
Documents required
For Trademark registration in Chennai, following documents are necessary.
- The applicant’s name, address, and nationality:
- The names of all partners are necessary if the applicant is a partnership firm;
- However, if the applicant is a Limited Liability Partnership (LLP), the trademark registration application must be in the LLP’s name.
- The state or country in which the applicant’s business had incorporation is necessary if the applicant is a company.
- Additionally, for Trademark registration in Chennai they require the entire registered address.
- In the case of a sole proprietorship business, the application should include the full name of the owner. A proprietorship or business name cannot be used as the individual’s name.
- They should submit the application on behalf of the Society or Trust’s Chairman, Managing Trustee, or Secretary. The Trust or Society ought to have the representation by this.
- For the aforementioned information, they ought to submit either the original proof or certified copies for Trademark registration in Chennai.
Goods and services that must have distinguishment are eligible for trademark registration:
Along with the application, a list of goods and services for which Trademark registration in Chennai is necessary should have the submission.
In order to guarantee protection for all goods that are related, it is advisable that the application for Trademark registration in Chennai have the filing under all applicable classes if more than one good is necessary.
It is essential to safeguard the value and trademark. It is essential to make a statement of use for a trademark because there may be trademarks having Trademark registration in Chennai that are similar but represent different things.
Soft copy of the trademark which is to have enlistment:
Along with the application for Trademark registration in Chennai, a soft copy of the trademark must be provided. If the mark is not in English, a translation into English should have the inclusion so that it can be understood.
Date the trademark was first used:
If a trademark has been used or is in use prior to application for Trademark registration in Chennai, the date of first use must have inclusion in the application.
Additionally, an affidavit for the same must be attached for Trademark registration in Chennai. You should provide the same date for the proposed use of the mark if the use has a future date.
Power of attorney:
Along with the application for Trademark registration in Chennai, a power of attorney must be attached. The Power of Attorney only needs to be signed by the applicant. Legalization or notarization are not necessary for the same.
The power of attorney form is on non-judicial stamp paper and has the filing under Form TM-48. The POA must have the signature in favor of a specific agent or attorney.
Trademark registration process
For Trademark registration in Chennai, following process is followed.
Trademark search
Searching for a trademark is the first step for Trademark registration in Chennai. The intellectual property website should be searched in both directions for various combinations of similar marks. Check the description of any similar marks to see if they represent the same set of goods or services that you have proposed.
Application preparation
The Trade Mark Attorney will prepare an application in the second step for Trademark registration in Chennai. The trade mark applicant will be necessary to approve and sign Form 48 and TM-1.
Application filing
The Trade Mark Registry receives the completed application for Trademark registration in Chennai in the third step. For individuals, small businesses, and startups, the cost to register a trademark with the government varies.
Government processing
The status of application of Trademark registration in Chennai must have the check on a regular basis after it has filed and processed by the government.
The applicant is necessary to respond to any objection within thirty days.
Similarly, in the event of opposition, the applicant must respond within a specified time frame to allay the opposition’s concerns.
Hence Trademark registration in Chennai can be done at an affordable rate by the experts in Smartauditor.
Post registration amendments of trademarks
A crucial step in the creation and maintenance of brands is the registration of trademarks in India. A trademark registration application can be made in the prescribed manner by any individual claiming ownership of a trademark used or proposed to be used by him. A few modifications may be necessary for a brand’s registration application at times. Additionally, there are particular forms, provisions, and other things.
To make changes to the application’s information. Additionally, trademark modifications can be made prior to or after registration. Let us discuss the alterations made after registration:
Amendments
After the mark having Trademark registration in Chennai, there is a different clause about how to change registered trademarks. Along with the amended trademark, the registered owner will submit a TM-P showing the new appearance of the trademark.
The applicant can make any necessary adjustments after having Trademark registration in Chennai. Examples include a shift in the place of business, the company’s name, or the registered trademarks.
Who can file amendment application?
An amendment can have the filing by the owner having Trademark registration in Chennai or by the person claiming to be the trademark’s subsequent owner due to an assignment or transmission.
Form detail and fees
When making a post-registration amendments application, the Form TM-P must have the consideration into it. There is only one form for each request. Different forms have submission for various applications.
The first request will be taken into consideration, and the others will be ignored, if more than one request is made in one form. There are distinct fees associated with rights assignments, transfers, name changes, and address changes. Let’s discuss each one separately:
Name change
Using Form TM-P and, the registered proprietor who has done Trademark registration in Chennai can record the applicant’s name change.
Documents required for name change
Candidates outside India ought to present an application for a difference in name alongside a guaranteed/legally approved copy of the trade register/organization register showing the difference in name.
Along with a request to change the applicant’s name, Indian applicants should include a certified copy of the name change document.
Address change
The TM-P form can be used to report a registered proprietor’s new address.
Documents required for address change
A certified or notarized copy of the trademark register or company register showing the change of address is necessary for applicants from outside of India to apply for a change of address.
Indian Candidates ought to present an ensured copy of the location change report alongside a solicitation to change the location of the candidate.
Assignment or Transmission rights
Like any other asset, marks can have the transfer from one owner to another. Assignment, merger, or combination of two entities are all examples of this kind of transfers.
The process by which a trademark owner transfers ownership, either with or without the trademark’s goodwill, is known as trademark assignment. An assignment can be done with or without good intentions:
Assignment with goodwill
The owner transfers the rights and interests in the trademark associated with the goods it sells through this process. The TM-P Form has the usage for registered trademark assignment for each trademark.
Assignment without goodwill
An assignment in which the owner imposes restrictions on the assignee’s ability to use a trademark on the goods for which it is used. The applicant must submit a Form TM-P application in order to record the assignment without the goodwill of a business.
Requesting the Registrar to advertise the assignment, which is to notify the public of the assignment without the goodwill of a business, must have completion within six months of the assignment’s date (extendable by three months according to prescribed forms).
Documents required
Deed of Assignment:
A properly stamped and notarized assignment deed with the effective date’s mandatory reference; the signatures of the assignee and assignor, along with their full names and addresses; the sum that the assignee paid to the assignor in exchange for the assignment; the specifics regarding the trademark that will be assigned, as well as a statement as to whether or not the assignment is made with goodwill.
The assignment document can be stamped in India, but applicants from countries other than India must have it notarized in the country where it was executed.
Post registration amendment procedure
The registered owner’s supporting documents and the request for amendments can have submission via the TM-P Form. Either physically or electronically, together with the required fee, the application form can have the submission. The application will be looked at by the registry after it has submission. The responsible official may require some explanations or supporting documents to support the request.
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