Trademark Registration in Madurai2022-07-18T13:57:29+05:30

Trademark Registration in Madurai

Trademark registration in Madurai is a process where the owner of the trademark applies for registration of his unique trademark or brand name with the Trademark Office in order to get exclusive rights over it.

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    Trademark Registration in Madurai

    Madurai is an energetic, ancient city in the South Indian state of Tamil Nadu. Madurai is a buzzing city for business with a moderate infrastructure facility, with incubators and accelerators involved in continuous development projects around the city. Therefore, the scope of setting up a business can turn out to be quite beneficial as well as profitable in Madurai. When it comes to business, it becomes important to point out the essentiality of trademark registration of your new or existing business.

    Intellectual Property Rights are a very important asset class for any business, startup, or enterprise. Developing and protecting intellectual property such as Trademark, Patent, Designs, Geographical Indication (GI) with proper registration can help them to gain a competitive advantage. It is essential to obtain trademark registration for the business name/trade name under the Trademarks Act 1999. A trademark protects the owner of the mark by ensuring the exclusive right to use it or grants another person/entity the right to use it in exchange for an agreed consideration.

    A trademark (also known as a brand name) may be a name, signature, word, letter, numeral, symbol, logo, device, packaging labels, tagline, the shape of goods, or any combination thereof to distinguish it from other similar goods or services originating from another seller. It is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.

    Who can file an application for Trademark Registration?

    • An Individual Person
    • Joint Owners
    • Proprietorship Firm
    • Partnership Firm
    • Limited Liability Partnership
    • Indian or Foreign Companies
    • Trust, Society, NGO’s
    • Banks, Insurance Company, Financial Institution, Stock Market Intermediaries
    • Government Ministries, Departments, and Agencies
    • Schools, Colleges, Institutions and Universities

    Trademark Selection – How to Choose a Trademark?

    Invented and Coined Marks

    • The invented/coined marks mean coining a new word that has no dictionary and does not resemble any other registered or applied trademark such as “Adidas”, “Samsung” etc.
    • These are the strongest marks, and thus the easiest to protect.

    Arbitrary marks

    • Arbitrary marks mean mark which exists in popular vocabulary, but have no logical relationship to the goods or services for which they are used, like “Blackberry” for phones, “Apple” for computers, “Kangaro” for stationery items.
    • These marks are comparatively easy to protect and register as a trademark

    Descriptive and Suggestive Marks 

    • Descriptive marks mean the mark describing the characteristic of the products, like using the mark “Fair” for the fairness creams, using the mark “Print Media” for newspaper publication.
    • Suggestive marks mean the mark suggesting the characteristic of the products, like “Habitat” for home furnishings products, like “Airbus” for airplanes.
    • These are considered comparatively hard to protect and register as a trademark

    Well Known Trademarks

    • While adopting any mark, the applicant should also keep in mind and ensure that the mark is not being used by any other person in India or abroad, especially if the mark is well-known.
    • India recognizes the concept of the “Well-known Trademark” and the principle of “Trans-border Reputation”.
    • Examples of well-known trademarks are Google, Tata, Yahoo, Pepsi, Microsoft, etc.

    Generic marks

    • Generic marks mean using the name of the product, for the product, like using the brand name “Wood” for furniture, “Jal” for packaged water etc.
    • These marks are most difficult to protect as trademarks.

    Benefits of Trademark Registration in Madurai

    • Exclusivity of the mark

      Once the trademark is registered, the owner of the trademark enjoys exclusive rights over it. It ensures that he has sole ownership of the trademark and can use it in respect of various goods and services under which it is applied. Further, the owner can prevent the unauthorized or illegal use of his brand name or logo. If anyone wants to use a registered trademark, he has to obtain prior approval from the owner.

    • Legal protection 

      A registered trademark will not only protect unauthorized use of a brand name or logo but shall also give the power to take legal action against infringement, misuse, or imitation of a brand name or logo by any person/entity or competitor. Further, the owner of a registered trademark can claim appropriate damages and compensation from the person who has infringed his trademark.

    • Goodwill and Prestige

      A registered trademark can be used for building a franchise model, it can be sold, rented, assigned, or transferred to any person. Customers associate the quality of products with the brand name, which helps in differentiating products from another seller and gradually a trademark becomes a mark of quality goods and services. It not only adds value to the business but also builds goodwill and prestige for the brand.

    • Asset to the Organization

      A registered trademark is an intangible asset to the organization. A lot of organization invests a significant amount in the formation of Intellectual Property for the organization which in return transforms into Intangible asset for the organization. This helps the company to increase the valuation of the overall business.

    • Global Representation 

      The trademark registered in India can be further registered in different countries globally. The applicants who wish to register marks outside India can take advantage of the goodwill and reputation acquired and provide evidence of registration in India.

    Different Types of Trademark Symbols

    •   ‘TM’ Symbol

      The TM symbol can be used by an applicant after he makes an application for a trademark. It can be used with the brand name until the trademark is unregistered and the application is in pending status. It is generally used to inform the public about the exclusive claim over the brand.

    • SM SM Symbol

      SM stands for Service Mark. It is used in respect of trademark applications that are filed for services. For example, if an applicant has applied for a trademark in relation to Information Technology (IT) services, it’s a service mark. However, a trademark applied under the service class can use anyone of the mark “TM” or “SM”

    • ® – R Symbol

      The R symbol can be used by the applicant once a trademark is registered and a certificate of Registration is issued by the Registrar of Trademarks. It denotes that the trademark is registered and is protected against any kind of infringement. You are not allowed to use the circled R before you receive the registration.

    • © – C Symbol

      The C symbol stands for copyright. It protects the original works of authorship, such as literary works, music, dramatic works, pantomimes and choreographic works, sculptural, pictorial, and graphic works, sound recordings, artistic works, architectural works, and computer software. The C symbol is used along with the copyright holder’s name and the year of first publication. The use of the C symbol is not mandatory in India. However, in some countries, it is mandatory to use this symbol to claim copyright protection.

    What Is Included In our Trademark Registration package?

    • Consultation and selection on Appropriate Trademark Class for Product/Services

    • Preliminary search report of the brand name

    • Documentation and Application for Trademark Registration

    • Government Acknowledgement and Challan after filing Trademark Application

    • Regular updates on the status of Trademark Registration

    Procedure for Trademark Registration in Madurai

    • Trademark Search and Availability Check

      In the very first step, you have to provide us with the information about the brand name or logo and details of the business to be carried out under the brand name. Accordingly, we shall select the appropriate trademark class, conduct a search for the proposed trademark and inform you about the availability options.

    • Documentation and Preparation of Trademark Application

      Once the trademark is finalized, you have to provide us with the required documents as per the checklist and we shall prepare the required form and application for Trademark registration.

    • Filing of Trademark Application

      Once, the Trademark documentation is completed, we shall file the Trademark Application along with the documents submitted and pay the required government fees. You will receive the Government Acknowledge receipt and challan after successful submission.

    • Start using the trademark with “TM” mark

      Once the application is successfully submitted, you can start using the trademark with a “TM” mark till the trademark is registered or refused.

    • Get the Trademark Registration Certificate

      If there is no objection or opposition to the applied trademark, then the trademark will be registered with a period of 8 months to 1 year, as may be processed by Trademark Office and you shall receive a copy of the Trademark Registration Certificate

    Documents Required for Trademark Registration in Madurai

    • Brand Name and/or Logo

    • PAN Card of Applicant

    • Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License

    • Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others

    • MSME Registration or Start-up Registration (Optional)

    • Board Resolution or Authorisation letter

    • User Affidavit (If the Trademark is already been used before the date of application)

    FAQ

    How much time is required for the completion trademark application process in Madurai?2022-06-23T17:52:10+05:30

    In Madurai, on average it takes 4-5 days to file a trademark application. However, it may take 8 to 12 months of the time for the completion of the registration process at the Trademark Office.

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