Trademark Registration

The power of Trademark

In day to day life we speak about trademark. For example you go for the shop and say to the shopkeeper whether the rice he gave you yesterday was available. He would be confused which brand of rice. Then you would say what brand name of rice like ‘raja mark’ like that. So safeguarding the brand name, logo is called trademark registration. It was formerly began in 1889, Indian Merchandise Act. Section 2M says that mark indicates the label, ticket, name, signature, and word, and letter, numeral. Even you may call the packaging material. Section 2Z (b) says that trademark means that mark capable of being represented graphically and which is capable of distinguished goods and services from one person and those of others may include shape of goods and their packaging. Trademark registration in Salem says that the names suggested for trademark must be suggestive.

Importance of Trademark

Some names can never be taken into account. It says if the name is incapable of distinguishing from others. Then words that are descriptive for example taste, smells good such things can never be taken into account. The name should not be confusing or deceiving the people. Then the name should not belong to any religion and it should not be obscene or scandalous. Certain trade mark names are prohibited. For example name like ‘Mahatma Gandhi’. If it is identical or if the name prevented by virtue of any law cannot be used. Trademark registration in Salem says about the passing off concept is used where one person uses another ones goods as yours and using for commercial purposes. If anyone produces a product similar to the existing product and sells it locally then it is called passing off. So it damages the reputation and the damages can be claimed.

TM Infringement

The damages, injection and sharing the profit are the three remedies for the infringement of trademark. Anton pillar order can be given in it is described as when the owner finds that infringer is producing dubious product and selling; and when notice is given before taking the action the infringer would run away. So the owner decides to issue Anton pillar order so that in person the infringer is caught red handed by the owner rather than wasting the time in producing court notice to the infringer. Also Trademark registration says about Mareva injunction is produced so as to freeze the assets of the infringer. Interlocutory injunction is the injunction produced as ex-parte.


Trademark Registration is necessary or not? | Smartauditor

Trademark registration in Trichy gives the functions. It identifies goods and services and its origin. It guarantees its unchanged quality. It advertises its goods and services. Trademark Registration provides:
Prima-facie evidence of ownership of the trademark.
Important asset for your business or company and contributes to the goodwill generated.
Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
Trademark registration in Trichy says that “Trademarks” can be sold, licensed or assigned.
 Registration usually covers the whole of India.

 The recent Trademark rule 2017 says that sound marks can be registered as trademark. It should be submitted in mp3 format and the sound must play for 30 second. Such applications should be submitted in Form TM-A with sound in MP3 format. The 3D mark is also registrable. This should also be submitted on Form TM-A.

The E-filing is promoted. As an improvement the filing can be done with the cause of going paperless. The new rule avails separate fee structure for start -up, individual’s small enterprise and others.       Trademark registration says that the process of application can be expeditiously done. By paying additional amount. The hearing can be done by video conferencing. The hearing in case of objections can be done through video and audio communication. This increases efficiency and it is also time consuming. Number of forms is cut down from 75 to 8 forms. The application, objections and rectification can be done in one form. The E-service of documents available for trademark registration. Also a person cannot do more than two adjournments. Hence the number adjournments are reduced.

Madrid protocol

Trademark Registration is necessary or not? | Smartauditor

Trademark registration in Erode tells that The Madrid protocol is for international registration of trademarks. India has joined Madrid protocol with effect from 08 July 2013. At present there are 91 countries in Madrid protocol. In order to file an international application under the Madrid protocol, there should be a corresponding trademark application filed in India for the same mark in exactly the same classes. An international registration under Madrid protocol is however dependent on the corresponding Indian application for a period of five years from the date of international application. If you wish to obtain registration in a country which is not a member of the Madrid protocol, separate national trademark application has to be filed directly in the respective country.

Madrid is all about

Trademark registration in Erode gives the advantages of filing an International Application under Madrid protocol are
 lower costs and fees payable as compared to individual foreign filings,
managing renewals, change in address, change in ownership is easier and more cost-effective
Additional countries may be designated at a later stage. And also the process is less time-consuming. Any change in the details of the right holder name or address can be changed by sending one single document to the International Bureau and no efforts have to be made at every national office.

Trademark registration states that a trademark denotes a visionary symbol that can be anything from words, machines, devices, labels to numerical that are often used in business for characterizing goods or services that are similar to other goods or services manufactured by opposite and rival companies. Trademark Registration serves as an asset that is intangible or even enjoys the status of intellectual property for the business for acting as a shield in protecting the investment of the company in the branding process and symbol. So it must be registered so as to attain all the credit and reputation for a company to withstand in market for long years.

Trademark Registration

The Most Innovative Things Happening With Trademark Registration

Business Projects depend upon the brand popularity. How much it popular means how much you popular in the market. If you want to need to succeed among your competitor market, all you need to do is espouse your Trademark Registration.  Neither, you can choose any product or service which is 100% unique in the open market. Because entrepreneurs already chose a vast variety of products to be more focused on. 

If you want to be a unique person in the Souk, all you want to do is register your trademark or try something rarely unique. Trademark Registration is the first and foremost preference according to a company. Trademark is the intangible asset of an organization which protects and avoid infringement by similar business.

Guide: How to Register a TM

We can apply the power of a registered Trademark on Brand names, logo, tag line, numbers or a combination itself. By applying such intellectual property rights, you are states that the particular niche of the company has its own rights. You can assure the legal protection from rivals who want to infringe or destroy your identity. Trademark in India is under the control of many authorizations.  Those government authorizations include the Office of Patents, Designs, and Trademarks under the Department of Industrial Policy and Promotion and based on the Trade Marks Act, 1999.

Important Facts about Trademark registration

The current Trademark registration regime has been taking lots of improvements from the old existed regime. This is mainly to update the intellectual property rights of the TM. Previously, there was 74 application of Trademark and now it is becoming reduced to 4 forms. The changes occurred in the fee structure as well. It is hiked from INR4, 000 to INR10, 000. To encourage the e-filing of TM, the fees also kept to INR 9,000. It was really convenient, easy and the most suitable way for Trademark registration.

Rules under trademark

 Trademark Registration-Top Helpful Tips For how Does it work

According to the much updated TM rules, for small businesses, start-ups, and individuals, the fees are further consumed to INR 4,500. Furthermore, the earlier stages of the processing are now extended to the registration stage from examination stages. Likewise, to maintain the registration process, there are email has been made to smoothening the communication with the official authorities, video conferencing has been launched to resolve the issues and any number of adjournments are limited to the No. 2  by the opposition parties. The old rule of Trademark was Trademark Rules, 2017 and now it is replaced by the rule 2020.

WIPO Administers with national and regional lawmakers build the international framework for trademarks.

The TM related treaties administered by WIPO

  • Paris Convention
  • Madrid Agreement (Marks)
  • Nice Agreement
  • Madrid Protocol
  • Vienna Agreement
  • Singapore Treaty
  • Trademark Law Treaty
  • Nairobi Treaty

Paris Convention

The Paris Convention is mainly for the Protection of Industrial Property.  Paris convention was adopted in 1883 and is applicable in the western sense like Patents, Trademarks, Industrial Designs, utility models, Service marks, trade names, geographical indications, and so on.

This international agreement helps the creators of the IPR to give some assurance that their works were protected in other countries too.

Madrid Agreement

Madrid Agreement states the specifications of the International Trademark Registration. It is mainly for the International Registration of the marks governed by the Madrid Agreement in 1891, and the Protocol Relating to that agreement in 1989. This agreement enables the international registration in a large number of countries by the effect of designated Contracting Parties.

Nice Agreement

The Nice Agreement is mainly for the International Classification of Goods and Services for the Purpose of Trademark Registration. The trademark offices of each state should declare the official documents for the registration, number of classes of goods and services for which mark is registered belong.

Vienna Agreement

This agreement enables an international classification of the Figurative Elements of Marks. The classification is applicable only for the marks which consist of or contain any figurative elements. The competent offices of the states must indicate official documents like the Trademark registration and renewal documents, number of categories, divisions and sections of classification on the figurative elements of the mark.

Singapore Treaty
 Trademark Registration-Top Helpful Tips For how Does it work

The Objectives of the Singapore Treaty is to create a modern and dynamic international framework for the Trademark Registration process. At the time of building the trademark law treaty, the Singapore treaty has a wide scope of application and more developed technologies in the field of communication technologies.

Nairobi Treaty

Nairobi Treaty is mainly for the protection of the Olympic Symbol. All parties in association with the obligation to protect the Olympic Symbol have five interlaced rings. It is against the use of advertisements, on goods, as a market, etc. without the permission of the International Olympic Committee.

The last updates regarding the electronic filing of the Trademark applications and all submissions are kept on July 31, 2019. The UPSTO published in the Federal Register regarding these amendments. The corrections on this rule again happened on December 13, 2019, and is effective on December 21, 2019.

We can trademark anything which is really helpful for your Business. Make sure that this registration should stand out your business from the rest.

A trademark application can be filed and registered by any Private firms, Individuals, Companies, LLPs or NGOs. In the case of NGOs, LLPs or Companies, the TM has to be registered under the name of the Business.

Advantages of Trademark Registration
 Trademark Registration-Top Helpful Tips For how Does it work

Trademark Registration is not just a type of registration. It has certain advantages.  It provides a vast variety of Business Opportunities. Legal Protection, An asset, etc. We can register the TM inside and outside of India. Likewise, foreigners also get registration in India as well.

What We Offer

Trademark Search

We help you to conduct a trademark Search by using the trademark director. We also enable a detailed check on the Trademark logo and brand name that you are provided for cross verifications. Registration takes place, once the TM found as unique. Once equally found on the logo and brand name, we provide further options to modify such a crisis and it will not lead the cancellation of your application.

Class Selection

We help you to choose the right classification of your trademark. Right classification is the mandatory element for an application filing. Because if you want to sell any products under a particular brand name the correct classification is needed in a certain sector in the economy. In trademark, there are 45 classes. Each logo and brand name is registering in the right sector.

If you want Trademark Registration in Salem, You can kindly make a call with our customer care executive team. They will revert back to you. We also offer our services over Trichy and Erode. Our Service list includes All types of Company registration, IPR Services.