Any mark, name, logo, symbol, figure, letter, or word used by an individual or business to distinguish its products or services from those of others and to distinguish them from those of others must qualify as a trademark.
The Trade Marks Act of 1999 covers and governs trademark registration, procedure, rectification, appellate, offences, and penalties.
Importance of registering TM
The trademark registration in Chennai has numerous legal and business (branding and marketing) advantages:
When you have a trademark registration in Chennai, then it can be licensed;
- a trademark that has trademark registration in Chennai can be transferred;
- a common-law trademark, on the other hand, can only be transferred with the business;
- a trademark that is registered gives credit to the source of the goods or services;
- a trademark that has trademark registration in Chennai guarantees security and quality; and
- Registering a trademark makes it simple to advertise goods and services.
Eligibility for Trademark registration
The majority of the time, trademark registration in Chennai is used to safeguard original brands, slogans, or terms.
In India, trademark registration in Chennai can be applied for by individuals, businesses, and non-profit organizations alike.
However, when it comes to applying for trademark registration in Chennai, each category of person or organization has its own set of requirements.
The following individuals are eligible to have a trademark registration in Chennai:
A person (Person) who is not involved in any kind of business can also apply for a trademark and get a trademark registration in Chennai for a word or symbol that the applicant wants to use in the future.
Joint Owners
Joint company owners can apply for trademark registration in Chennai together, and both owners’ names must be included in the application.
The firm is a Proprietorship
A firm that is a Proprietorship may apply for trademark registration in Chennai under the name of its Owner, but not under the Business and Ownership names.
Both the proprietorship name and the business name you use in your application for trademark registration in Chennai will be taken into account separately.
Partnership Firm
When applying for trademark registration in Chennai, a partnership company with no more than ten members must include the names of all partners. The name of the minor partner’s guardian must be mentioned if he or she is present.
Trademark registration is valid for how many years?
When a trademark application is submitted for trademark registration in Chennai to the Trademark office, the applicant is permitted to begin using the TM symbol.
If you have a trademark registration in Chennai, the applicant uses the ® symbol throughout his trademark. From the time of application, all registered trademarks remain in effect for ten years.
A trademark’s validity can be easily extended by submitting Form TM-12 (Renewal of trademark registration in Chennai) within six months of the expiration date and paying the government fee for registration.
Form TM-13 (Restoration & Renewal) can be used to reinstate an expired trademark after six months and one year has passed since the last time you had trademark registration in Chennai.
What is trademark registration number and how many digits?
Since every trademark, even those that have no trademark registration in Chennai, will have a serial number as soon as they are filed, a trademark number is used to refer to that.
The application number and number of trademark registration in Chennai are identical. But if you don’t know the trademark’s application number, go to “Find Details without Trade Mark Number/Application Number.”
Enter the Trademark in the trademark column; enter the name of the proprietor in the Owner Name segment.
Then, enter the class code’s specifics.
In addition, to view the particular details of a trademark, one must click on the associated trademark number from the list titled “Find Details without Trade Mark Number/Application Number.”
The trademark registration in Chennai obtained has 7 digits.
Is trademark registration worldwide?
A trademark that has trademark registration in Chennai is not valid globally because trademarks are granted on a territorial basis.
In most cases, you would need to file separately for each nation where you want to protect your trademark.
However, a centralized registration system for trademark grants in all member nations is provided by international conventions like the Madrid Protocol.
India and Madrid protocol
India consented to join this international treaty for trademarks in 2013.
For India to adhere to the Madrid Protocol, significant changes had to be made to the Indian Trademarks Law.
Chapter IVA (Sections 36A to 36G) of the Trademarks Act of 1999 was added as a result of the Trademarks (Amendment) Act of 2010.
“Special Provisions relating to Protection of Trademarks through International Registration under the Madrid Protocol” is the title of this chapter.
How does Madrid protocol works?
The Madrid system, also known as the Madrid Protocol, is a global system designed to make it easier to register trademarks in multiple countries at the same time.
Because trademarks can only be protected within the borders of the nation in which they are registered;
The goal of this protocol was to provide member nations with equal rights to trademark protection. India joins the Madrid System as the 90th country.
Advantages of filing under Madrid protocol
The advantages of trademark registration under the Madrid Protocol are as follows:
Over 100 countries, including states and intergovernmental organizations, have signed the Madrid Protocol.
As a result, it encompasses the territories of 124 nations. This accounts for more than 80% of global trade, making it a very appealing market for Indian exports.
The Madrid Protocol gives trademark protection in the international domain a cost-effective, simple, quick, and accessible route.
The Madrid Protocol saves applicants time and effort that would otherwise be spent on filing multiple registration forms, translations, currency exchanges, etc. without this system.
In the absence of this system, applicants would have to file multiple trademark applications separately in each of the countries where protection is sought.
The Madrid Protocol also aids businesses in integrating with global supply chains and increases opportunities for international partnerships and franchising outside of India.
Why should trademarks protected internationally?
The Madrid Protocol offers several advantages, one of which is export market share protection:
Protecting your goodwill and reputation in that foreign country through trademarking becomes necessary if you export goods or services to a country where your brand has gained significant value and a significant market share.
Even if your brand does not have a presence in another country but intends to establish a liaison office or deal with exporters, licensees, contractors, and other related parties.
In other nations, it’s best to get international trademark rights as soon as possible.
Trademark registration process under Madrid protocol
An application must be submitted to the Indian trademark registration website at www.ipindia.gov.in.
The applicant’s identity will be verified by the Indian trademark registry. After that, they’ll figure out which goods and services are covered by that basic mark.
This application is then sent to the World Intellectual Property Organization (WIPO), based in Geneva.
WIPO looks at your international application in detail to see if it meets all of the requirements.
Your trademark is kept in the Worldwide Register and distributed in the WIPO Periodical of Global Marks
WIPO then, at that point, tells the IP workplaces in every one of the regions where you wish to have your mark safeguarded
Assuming no complaint is recorded against your application within 12 or a year and a half of the warning of worldwide registration, security is conceded in that part country
If an IP Office won’t safeguard your mark, either absolutely or somewhat, this choice won’t influence the choices of other IP workplaces
The global registration of your mark is legitimate in every nation where the trademark is conceded for a long time
You can restore the enlistment through the Madrid system toward the finish of the 10-year time frame.
Recent News
After a ten-year gap, a test to select trademark agents will be held in May 2023.
According to the Controller General of Patents, Designs, and Trade Marks (CGPDTM), candidates interested in participating in the trademark and patent agent examination in 2023 can assess their eligibility following the regulations.
Online enlistment of candidates is probably going to begin in January 2023, it said.
It went on to say that “The office of the Controller General of Patents, Designs, and Trade Marks announces that the Trade Marks Agent Examination 2023 and Patent Agent Examination 2023 are likely to be held on May 7, 2023.”
The Trade Marks Act of 1999, the Designs Act of 2000, and the Patents Act of 1970 are all overseen by the controller general, who also provides the government with advice on these laws.
The registration of trademarks applied in the country, enhanced trademark protection for goods and services, and prevention of trademark infringement are all aims of the trademarks law.
These agents’ primary function is to assist applicants in submitting registration applications for intellectual property like patents, trademarks, and designs.
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