It is always essential to emerge a winner when you are floating your products and services in the market and trying to lure your target audience in. One of the most compelling ways to do that is by creating your brand and creating a buzz around it.
But what good is a brand without a trademark? According to the data provided by BananaIP Counsels in an article they published at the start of 2021, there was a 17.4% increase in the trademark filings between 2019 and 2020. This goes on to show the power of trademarks and how brands are trying to leverage it to build their unique identity.
To successfully implement trademark registration in India for your business, you need to learn about the online processes, eligibility criteria, documents required, etc. But above all, it would be great to have reliable trademark consultants who alleviate all your woes and make your job effortless whether it involves the legal services or any other associated service related to registration of trademark.
Stay connected with us till the end to learn about the nitty-gritties of trademark registration service and how the most credible trademark consultants in Chennai can help propel your local business!
Trademark and Its Registration - An Insight:
What is a trademark?
Before talking about trademark registration service and its intricacies, let’s talk about the biggest asset your company possesses under the auspices of the Indian law. It is called the ‘Trademark’. It differentiates your business and your products and services from those already existing in the market.
A trademark is a visual representation of your brand. It could be a numeral, a word, an alphabet, a name, a device or a label that distinguishes your brand, its products and services from the others and helps your target audience to resonate with your business. This asset helps in customer retention by increasing your credibility and protecting investment in branding and advertisement.
What is a trademark registration?
A trademark is an intangible asset. It can be sold or franchised. Often, there are unscrupulous businesses that want to go ahead of their market competitors by hook or by crook, and one of the unfair policies they adopt is copying a trademark. As a result, trademark registration becomes one of the most essential practices.
The inventor of the visual symbol that is being used as the trademark needs to apply for the trademark registration service under the auspices of the Indian Trademark Law. The trademark registration process entails several steps, including legal services that make the trademark registry valid. If you want to opt for a trademark registration in Chennai, you need to find some of the best experts and consultants who will ensure that the entire process becomes seamless.
A trademark registration in Chennai can be initiated by a person or a legal entity. Although the prior existence of the trademark is not an essential criteria, it certainly makes the process easier. The chance of obtaining a registration also improves significantly.
For local businesses operating in Chennai that need a trademark registration implemented in the city, there is a piece of good news. If you are a foreign national, NRI or a foreign entity, you too can apply for a trademark registration in Chennai and secure it without any additional requirements.
The application form, identity proof and other documents are the same for private firms and foreign entities, if they wish to become a trademark owner in future.
Benefits that businesses can derive by getting their trademarks registered in Chennai:
Local businesses can reap several benefits, according to some of the acclaimed trademark registration consultants in Chennai. They have also provided a detailed picture of multiple upsides of having your trademark registered.
Once your company’s trademark is registered, it becomes your exclusive property. This ownership can be legally upheld in the court of law in any part of the country as per the trademark rules. Since the trademark is your company’s most valuable asset, it should be immune to infringement or copy. It is one of the several advantages of trademark registration.
As stated above, trademark registration enables the owner to claim exclusive ownership over the trademark and use it as their own across multiple mediums. In case of any third-party infringement, this registration will prove the authenticity of your claim. Business owners can leverage this sole proprietorship to claim absolute grounds in terms of products or services offered.
Over time, people tend to associate the products or services of the business they like, with the symbolic representation of its brand and its image. This is the trademark. An early trademark registration ensures goodwill creation on part of the brand. It also helps the brand to lure new customers and retain existing ones.
Since a trademark is an intangible asset for an organization, it helps the company through brand recognition and helping attain more customers. The business also obtains the legal right to use the logo exclusively for 10 years with an option to re-register.
Details of trademark registration process in Chennai:
According to eminent trademark consultants in Chennai, the process involving trademark registration is highly systematic to ensure minimum hiccups. The entire process from filing of trademark application to getting it passed by the trademark examiner to finally obtaining an authentic Chennai trademark registration has been illustrated for you for easy understanding.
It is the first and foremost step of trademark registration. Using a government search tool, you can initiate a public search in the trademark search database to find the identical or similar trademarks of the same class. Then, you need to proceed with the basic application for registration of trademark based on these details.
Trademark application allotment
Once you file the trademark registration application to the trademark registrar, you will obtain a trademark application allotment number within one or two working days. Once you receive the trademark allotment number, you can track the application status online using the trademark search facility and also affix the ™ symbol next to your logo.
The Vienna codification was established by the Vienna agreement in 1973. It is an international classification of the trademark based on the figurative elements of marks. The trademark application status will reflect 'sent for Vienna codification' when the trademark registration is in progress.
Once the Vienna codification stage is complete, the trademark registration application will be entrusted to an officer in the trademark registrar's office who will review the application for correctness and issue a trademark examination report. Either the entrusted officer will accept the trademark application and permit journal publication or he will object to the process.
Trademark application objection
If the trademark application is objected to by the officer in the registrar’s office, the applicant bears the right to appear before the Trademark Officer and address the objections. If the officer is satisfied with justifications presented by the applicant, the trademark will be allowed for journal publication. However, if the officer is not satisfied with the justifications presented by the applicant, the applicant has a further right to appeal the decision of the officer before the Intellectual Property Appellate Board.
The trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. Once the trademark registration application is accepted by the registrar, it is good to go into the journal. After its publication, the public have the right to object to a specific registration if they are of the opinion that it will destroy or defame or damage their business. However, if there are no objections filed within 90 days of journal publication, the trademark will be typically registered within 12 weeks’ time.
In case the trademark registration is opposed by a third-party after journal publication, a trademark hearing officer is assigned and he will conduct a hearing. Both the applicant and the opposing party have the chance to appear at the hearing and provide justifications to continue with the registration or cancel the trademark application.
Based on the presented evidence, the hearing officer will take the decision of accepting the trademark application or rejecting it. However, the applicant or the objecting party can further challenge his decision and take it before the Intellectual Property Appellate Board.
This is the final step in the lengthy process. If there are no outstanding objections, the trademark manuscript and the trademark registration certificate will be prepared. Once the trademark registration certificate is issued, the mark is recognized as a registered trademark and the owner is granted exclusive rights to use it beside his logo.
You should also have a detailed idea of checking the online status of the trademark application in Chennai so that you do not fall behind with your trademark registration. You can opt for a free or paid consultation with top trademark registration consultants to know about the documents required, the reasons for trademark objection and the penalty for trademark infringement in Chennai.
A proper trademark consultant will also be able to guide you in taking action against trademark infringement. The processes involved in renewal of the trademark registration will also come in handy if you want your business to soar and make a mark among-st your clientele.