How to register a Trademark? Rajendra corporate law firm is a leading attorney’s office in India. In fact, company matters are issues with huge complications. Moreover, Right from Registration to litigation, the corporate Advocates in this law firm provide excellent legal support services in Chennai. How to find the Best Legal Services? Find the leading Corporate Lawyers for Trademark registration.
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The register of IPR is the primary legal support in our law firm. Contact the best Corporate Lawyers for Trademark registration in Chennai.
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Trademark Registration in India
Indian trademark law protects trademarks under the Trademark Act, of 1999. First of all, One can protect it by filing a suit if there is infringement. Mainly, The Controller General of Patents, Designs, and Trade Marks administers Statutory protection. Most of all, This Comes under the Ministry of Commerce and Industry.
Protection and prevention of fraudulent trademark
The law of trademark deals with registration, protection & prevention of fraudulent trade mark. The law also provides for the rights acquired by the registration of a trademark. Others are as follows
- Modes of transfer
- Assignment of the rights
- Nature of infringements
Penalties for such infringement and remedies available to the owner in case of such infringement.
Separate fees structure
With effect from 6 March 2017, the new trademark rules came into existence. The motive of the new rule is to simplify the whole TRADEMARK REGISTRATION process and make it hassle-free and quick.
Some of the new rules are as follows
- The Sound marks can be registered
- 3-D marks are made register-able
- e-filing is promoted
- Provisions pertaining to a well-known mark
- Separate fees structure for an individual/startup / small enterprise and for others
Registration of a Trademark
The Trademark attorney or an agent can register the Intellectual property of the Logo. At the same time, A verified Trademark Advocate is the best person for the registration of the Logo.
Before the period of 2017, manual registration was only permitted. After the special rules, one can also do e-filing for simplification and a hassle-free process.
The first step of Text/logo Trademark registration requires a clear picture & Verification. The particular word or logo was not registered before causing a legal hurdle later in the future. The registration must start with the TM-1 application on the other hand. Along with the registration, you can upload a few other things.
- Business Registration concern
- ID proofs
- Address proof of directors
- Image of the logo
e-filing or manual filing
What you must do after filing the Trademark Application? One must file the brand name application must either by e-filing or manually filling by all means.
Manual filing required loads of work out at the office of IPR in all cities. e-filing is the easiest way. For instance, You will get the receipt of Trademark registration within minutes after registration. Whereas You can get the receipt after manual filing after a couple of days of verification. To clarify, The receipt will contain a temporary trademark number. In this case, one can use it for a limited period of time.
Examination of Trademark Application
At this stage, the registrar will, in all, examine the application. Thus, It must not create a dispute with a registered brand. And thereby the registrar will publish the name in the Trademark journal indeed. To put it in other words, This is the process to check the uniqueness of the brand. They can raise objections if it is in use already.
After no objections for a period of 90 days, the registrar approves the trademark as a unique one. Moreover, he’ll give a certificate of registration of the Trademark which can be in use. Then they will upload the Trademark in the Trademark registry under WIPO guidelines.
Validity of a Trademark Registration
The Trademark Registered is valid for a period of 10 years. Accordingly, By the same token, This is from the date of issuance of the registration certificate. No doubt, you must renew it before 6 months of the expiry or after 6 months of the expiry. Hence, If you fail to renew the registry will remove from Trademark Registry. Finally, it will lead to the process of Trademark registration as a new one.
Contact the Best Corporate Lawyers for Registration of a Trademark
Find the Best Corporate Lawyers in Chennai for the Registration of Trademarks. Call +91 94440 14096 for details and fees.