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Trademark: An Overview
Trademarks are names, phrases, logos, symbols, images, or combinations of these that distinguish a company’s products and services from those of competitors. Marketing techniques like this are usually used to raise customer relations and familiarity with a product or service.
It’s the trademark holder’s intellectual property, and trademark ownership comes from the commercial use of the trademark. Trademark registration can protect business names, brand names, taglines, captions, logos, symbols, and emblems.
Process of trademark registration in Chennai
- There are 45 Trademark Classes for goods and services for the purpose of trademark registration. To apply under a particular class, one needs to determine the class to which their goods/services belong.
- Secondly, a trademark application should be sent to the Trademark Registry with all the required information, including the applicant’s name and address.
- Third, the trademark application is checked by the TM register to see if it meets the requirements. After the Formality Check, the trademark application will be examined by the TM Registry.
- Once the trademark is granted by the TM Registry, it will appear in the Trademark Journal. Anyone who objects to the registration of a trademark can file a ‘Notice of Opposition’ with the Trade Marks Registry using Form TM-O and pay the fee within four months after the date of publication of the advertisement.
- If no objections are raised or the applicant manages to overturn the objections raised, the TM register will then issue a certificate of TM Registration to the applicant four months after it is published in the journal.
Registration of Trademarks in Chennai – Validity
Once a trademark is registered, it will remain valid for ten years. Nevertheless, a trademark certificate can be renewed shortly before it expires, allowing the owner to continue to protect their trademark from third parties.
Will Company Name be Protected by a Trademark Registration in Chennai?
Company names can’t be confusingly similar or identical to registered trademarks, according to the Companies Act of 2013. rand. You can use this clause to stop a business entity from using certain names in the future.
Therefore, a company name can’t be confusingly similar to or identical to a trademark. Therefore, a company cannot register under the same name as a trademark that has already been registered.
In order to safeguard company names that they want to use for their firm in the future, entrepreneurs can utilize this provision of the Companies Act, 2013. In order to avoid similar issues, current business owners should also register a trademark in their company name.