Trademark Registration in Tamil Nadu - The Complete Guide

Trademarks form the identity and reputation of any brand in today's highly competitive business world. Trademark registration in Tamil Nadu involves unique symbols, names, or logos representing a company and its products. The completion of the registration will ensure that no other business uses identical marks and hence provides security to intellectual property rights.

Trademark registration in Tamil Nadu: This is necessary for those instances whereby a business wants to ensure that no one fraudulently uses its company name or logo. It consists of searching for the mark to be used, filing an application for a trademark, and passing an examination for approval.

Trademark registration is governed by the "Indian Trademark Act, 1999." It is a legal process for officially registering a trademark or symbol connected with a brand. Registering a trademark in Tamil Nadu can improve the brand's reputation by promoting consumer trust and loyalty.

The following guide will systematically describe the process of attaining a trademark, what documents are required, how much it might cost, and why a trademark is beneficial in avoiding infringing trademarks, unauthorized use, and other legal issues to help protect the long-term value and market credibility of your valuable asset.

Trademark Sample Certificate

Trademark Registration Certificate (sample)

What is a Trademark Registration in Tamil Nadu ?

A trademark is a visual representation, such as a logo that differentiates one product or brand from others, making it unique. The objective is to establish a recognized image of a business in the marketplace. Trademarks can take many forms, such as symbols, patterns, colors, shapes, and text.

In Tamil Nadu, trademarks can be registered under "The Trademark Act, 1999," which provides brand owners with legal protection and complete ownership. The fundamental goal of trademark registration is to distinguish a product or service from competitors in the same industry. By trademarking a brand, misunderstanding caused by similarities can be avoided.

What is a Trademark

What is Recognized for Trademark Registration in Tamil Nadu

Multiple things, including the following, can be registered as trademarks in Tamil Nadu:

Numerous things, including the following, may be registered as Trademarks in Tamil Nadu:

  • Symbols
  • names
  • shapes
  • Sounds
  • phrases
  • Arrangements of Colour
  • combination of numbers and words
  • Taglines

Who Can Submit a Trademark Registration Application in Tamil Nadu?

In Tamil Nadu, anyone can register a trademark. They may be:

    • A sole proprietorship
    • A collaboration
    • A cooperative venture
    • A Trust Society
    • A small business just starting up
    • A private limited firm
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Process of Trademark Registration in Tamil Nadu

Step 1: Conduct a Comprehensive Trademark Search

Before applying for a trademark, you should do a thorough search to guarantee its availability. This search reduces the possibilities of application rejection. It is recommended that you obtain professional assistance while performing a complete trademark search.

Step 2: File the Trademark Application

The first step in registering a trademark in Tamil Nadu is to file an application. During this stage, the applicant must submit complete information about their product or service. It is important to have a solid understanding of the product or service before choosing the proper trademark classes. Filing the application with the improper classifications raises the likelihood of rejection.

After filing the application, the applicant can use the ™ symbol beside their brand to show that the Trademark Registration process is underway. This symbol represents the applicant's claim to the Trademark.

Step 3: Examination

Once the application has been submitted, it is reviewed by the Trademark Department, specifically by the Controller General of Patent, Design, and Trademarks. During this stage, the department examines the application for any similarities with existing marks. If the registrar discovers any similarities, they will issue a notice requesting a trademark of objection to reply. If no similarities are discovered, the submission is moved forward for journal advertising.

Step 4: Advertisement in the Journal

At this point, the Trademark Application is advertised in the journal, making it public. Anyone has the right to file an objection within three months if they believe the applied trademark is identical to an existing one. If there are no objections, the application is approved and recorded.

Step 5: Opposition Process

If objections are raised within three months, the application goes through the opposition process. The department conducts a hearing in which both parties have an equal opportunity to express their reasons. They can provide appropriate statements and evidence to support their respective perspectives. If the registrar accepts the applicant's statements and evidence, the trademark application is accepted and registered. Otherwise, the application is refused.

Step 6: Registration Certificate

This is the final stage of trademark registration in Tamil Nadu. If there are no objections or resistance to the applied trademark, it is granted registration. When the applicant obtains the Registration certificate, they get legal rights to their trademark and can use the circled R sign (®) to show that it is registered trademark.

The applicant must renew their trademark every ten years as part of the renewal process. Failure to renew in a timely manner may result in the loss of legal protection and additional fees for late renewal.

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List of Government Fees for Trademark Registration in Tamil Nadu

Trademark Registration govt. fees in Tamil Nadu starts from ₹4500, with additional charges for professional service mentioned below:

Stages Online TM Government fees Offline TM Government fees
TM Registration fees for individuals ₹4,500/- ₹5,000/-
TM Registration fees for company ₹9,000/- ₹10,000/-
TM Amendment fees ₹900/- ₹1,000/-
Trademark Renewal fees ₹9,000/- ₹10,000/-
Trademark Restoration fees ₹9,000/- ₹10,000/-
TM Belated Renewal fees ₹12,000/- ₹13,000/-
TM Rectification fees ₹9,000/- ₹10,000/-
Trademark Opposition process fees ₹2,700/- ₹3,000/-
Hearing fees of TM registration Nil Nil
Fees for Reply to TM Examination Report Nil Nil

Note: The aforementioned Fees is exclusive of GST.

The fees for trademark registration in Tamil Nadu vary depending on how many classes the applicant specifies. The government sets different fees for online and offline trademark registrations. In Tamil Nadu, trademark registration costs ₹4,500 online and ₹5,000 offline.

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Documents Required for Trademark Registration in Tamil Nadu

The complete list of documents necessary for Trademark Registration in Tamil Nadu is given below:

  • Logo (if any)
  • Nature of Goods and Services
  • Email address and mobile number
  • Aadhar Card (for individual applications), bank statements, PAN cards, and other documents
  • GST, if applicable
  • Signed Power of Attorney (if the applicant employs any professional)
  • Signed User Affidavit (For Prior Use)
  • MSME Certificate (For Small Enterprises)
  • Start-up Certificate (for startups)

A complete and appropriate collection of documentation is needed for trademark registration in Tamil Nadu, as lack of details increases the possibility of rejection of a trademark application.

Trademark Document

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Checklist for Trademark Registration in Tamil Nadu

Checklist-trademark

The following are some parameters that applicants should consider before registering a trademark in Tamil Nadu.

  • Trademarks must be immediately recognizable.
  • Fill in all the required information.
  • Select the applicable courses.
  • Perform a comprehensive TM search.
  • Using a trademark is generic or descriptive.
  • Renew the trademark in a timely manner.
  • Get professional advice.
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Conclusion

Trademark registration in Tamil Nadu is highly significant for businesses looking to develop a strong brand image and protect their intellectual property. Businesses who register their trademarks obtain legal protection for their brand and reputation, preventing others from using similar marks. This gives businesses exclusive rights to use distinctive symbols, names, or logos, increasing their market exposure significantly.

Furthermore, Trademark Registration in Tamil Nadu allows firms to take legal action against unauthorized use of their trademark, ensuring long-term protection of their intellectual property rights.

Consult with professionals at Professional Utilities to register your trademark and lower risks of rejection. Contact a Professional Now!

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FAQs on Trademark Registration

What is the cost of trademark registration in Tamil nadu?

The required Registration Fees for Trademark Registration in Tamil Nadu is ₹4500 per class for individuals and ₹9000 for companies.

How to get a trademark certificate in Tamil Nadu?

There are several steps involved in trademark registration in Tamil Nadu, including doing a TM search, submitting a TM application, having it reviewed by the department, encountering opposition, publishing an advertisement in a journal, and receiving a registration certificate.

Which documents are required for Trademark Registration in Tamil Nadu?

The Required documents for Trademark Registration in Tamil Nadu are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.

Who can apply for Trademark Registration in Tamil Nadu?

Any person or corporate entity is qualified to register a Trademark in Tamil Nadu, but their Trademark must be distinctive from those that are already registered.

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