Trademark Registration in Tamil Nadu: Complete Process and Purpose

Updated on October 08, 2024 03:04:38 PM

Trademark registration in Tamil Nadu is important in the present business scenario where brand protection has been shifted to the front seat. Tamil Nadu is one of the States with a very good industrial base and business ambiance that makes it a perfect place for businesses to develop a very sound market. More than 4,50,000 trademark applications have been filed in India from 2013 to 2022, so the need for getting IP rights cannot be overemphasized.

As far as trademark registration is concerned, it is guided under the Indian Trademark Act of 1999, which provides business entities in Tamil Nadu with the legal protection of names, logos, and symbols used by them for their products. Credibility and customer loyalty, which are extremely imperative for branding, are also improved. The Litem Legalis Corporate team is ready to help with a smooth registration process for any type of legal entity.

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What is a Trademark?

A trademark is a symbol or mark that distinguishes a product or service from others. It can be a word, phrase, a combination of colours, product shape or three-dimensional image. Trademark Registration in Tamil Nadu aids to determine a particular brand and create trust among the target audience.

There are several kinds of Trademark, but some are very common these are given below:

  • Word Mark (any word, letter or phrase)
  • Sound Mark (any unique sound)
  • Collective Mark (used by a group of companies)
  • Service Mark
  • Colour Mark ( any colour or combination of colours)
  • Shape Mark
  • Certificate Mark

Overview of Trademark Registration in Tamil Nadu

Trademark Registration in Tamil Nadu Details
Duration of TM Registration in Tamil Nadu 6 months to 24 months
Required Documents for TM Registration in Tamil Nadu
  • LOGO
  • Nature of Goods & Service
  • Email ID & Mobile No.
  • Identity proof
  • GST Signed Power of Attorney
  • Signed User Affidavit
  • MSME Certificate
  • Start-up Certificate
Trademark Registration Fees in Tamil Nadu ₹4,500
Process of TM Registration in Tamil Nadu
  • Conduct a TM Search
  • Filing the TM application
  • Examine the application
  • Reply to the examination report
  • Advertise in Journal
  • Opposition process (not mandatory)
  • Registration certificate
Mode of Trademark Registration in Tamil Nadu Online and Offline (both)

The complete process of Trademark Registration in Tamil Nadu

The complete process of Trademark Registration in Tamil Nadu can be clear by the below steps:

Step 1: Conduct a thorough TM Search

When an applicant decides to register the Trademark, they must conduct a thorough TM search. TM search is an initial step to clarify the availability of the Trademark. This search makes a low probability of rejection.

Step 2: Filing the TM Application

After conducting a thorough TM search the applicant goes for the application filing. During this step, the applicant must fill out an appropriate Trademark class. This class defines the nature and origin of the product or service. All the goods come under class 1 to 34 and services come under class 35 to 45.

Step 3: Examine the TM Application by Department

After filing the TM application, that goes for the examination. Department inspection for similarities, deceptiveness, and absolute grounds for refusal of the Trademark according to sections 9 and 11 of "The Trademark Act, 1999".

If the registrar finds any similarity during the Trademark Registration in Tamil Nadu, the application will send a reply. And if they accept the application, they will advertise in a journal.

Step 4: Reply to Examination Report

At this step, the applicant gets notice of similarities in the Trademark and the applicant gets time to provide all the related statements to prove themselves. This step is not mandatory, but in case of any similarity or any objection, the applicant has to reply to the examination report and submit a favourable statement to prove their side.

Step 5: Advertise in Journal

When the registrar gets satisfied and there are no similarities with other Trademarks, the Trademark will be advertised in the journal. Here the Trademark will be published and if any third party has any issues related to the Trademark they can raise opposition within four months.

Step 6: Opposition Process

After publishing the Trademark any other brand or third party has issues with the Trademark, an opposition may be filed by the third party. At this step, the department gives equal opportunity to both parties to prove their side. If the third party succeeds in proving the similarities of TM with their mark, the application will be rejected. But if the applicant makes a relatable statement and the registrar gets satisfied then the Trademark will be completely registered.

Step 7: Registration certificate

This is the last step of the TM Registration procedure. At this step, the applicant receives the Registration certificate of the Trademark. After that, they get permission to use the symbol ® in front of their logo or brand name. This symbol determines that the brand is legally registered. It helps to give the brand a unique identity and several exclusive rights over the brand name.

Trademark Registration Fees in Tamil Nadu

The complete fees structure of Trademark Registration in Tamil Nadu is given below:

Trademark Registration In Tamil Nadu Govt Fee (Online) Govt Fee (Offline)
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 ₹ 9,000 + ₹3,000 ₹ 10,000 + ₹3,000
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: Apart from the Government fees mentioned above, professional fees will also be charged for the Trademark Registration Process.

Fees for Trademark Registration in Tamil Nadu are different according to the type of business. The applicant can register the Trademark online and offline as well as at their convenience. The TM Registration completion process is a long process with many stages. So the applicant has to pay accordingly.

The basic government fee for Trademark Registration in Tamil Nadu is ₹ 4500 only for online Registration and ₹ 5000 only for offline Registration for one class. If the applicant wants to register their mark in more than one class, the cost of TM Registration will be multiplied according to the number of classes.

Documents Required for Trademark Registration in Tamil Nadu

Required documents for the Trademark Registration in Tamil Nadu are given below

During Trademark Registration in Tamil Nadu, submission of appropriate and complete documents is very essential. Because incomplete documents make a high chance of rejection of the TM application.

Benefits of Trademark Registration in Tamil Nadu

Due to its prominence as the national capital, Tamil Nadu is a very significant location. This location hosts numerous businesses, which increases the possibility of substantial brand infringement. However, there are numerous advantages to Trademark Registration in Tamil Nadu, as shown by the following points:

  • Legal Protection:A Trademark that is registered provides much legal protection to the Trademark. It also prevents the Trademark from piracy and nobody else apart from the Trademark owner can use that Trademark for their commercial benefits. If anybody uses a similar mark, the owner has complete rights to raise opposition to protect their brand identity.
  • Brand Reputation:Building a great brand reputation and goodwill is made easier with TM Registration. A registered Trademark, denoted by the sign ® (Registered), gives consumers the security they seek in a product.
  • Business Expansion:Trademark Registration in Tamil Nadu aids in distinguishing the product or service of a business from that of the competitor. It also helps to give a unique and distinct identity that creates a different image in consumers' minds. All these key points help to get profit in business and help in business expansion in future.
  • Prevent Confusion:Many companies or traders in the marketplace provide the same kind of product or service. At this place, if any trader uses a similar mark for their brand it may cause confusion that can harm a brand. Therefore Trademark Registration is a very important part because it prevents confusion and gives clarity to consumers in choosing the right brand.

Why Litem Legalis?

Trademark Registration in Tamil Nadu is a very long and complex procedure and involves high chances of rejection if not processed correctly. Here “Litem Legalis” is a team of professional advocates that can make your Registration process hassle-free. There are several reasons for choosing “Litem Legalis” such as

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

Trademark registration in Tamil Nadu is a cumbersome legal procedure under the Indian Trademark Act 1999. It provides protection to the brand identity of a business. There are successive steps for the entire process: exhaustive search, filing of the application, examination, and potential opposition proceedings. On successful registration, it would give an exclusive right to the owner of the trademark and shall pass on legal remedies for infringement actions. The basic government charge for filing online is ₹4,500 per class for individuals; a few different rates apply to some entity types and filing methods. Trademark protection in Tamil Nadu builds the foundation for protecting intellectual property, building trust between customers, and possibly setting companies apart from competitors. The dynamic business climate of Tamil Nadu makes trademark registration a very essential step for entrepreneurs targeting not only to establish but also to protect their brand presence, hence fostering growth and hindering unauthorized use of their marks within this economically significant southern state.

Frequently Asked Questions (FAQs)

What is the Trademark Registration Fee 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 Register a Trademark in Tamil Nadu?

Trademark Registration in Tamil Nadu is divided into many stages such as - conducting a TM search, filing a TM application, examination by the department, the opposition process, advertising in the journal and Registration certificate.

Which documents are required for TM 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.

What is the eligibility for TM Registration in Tamil Nadu?

Any individual or business organisation is eligible for Trademark Registration in Tamil Nadu, but their Trademark should be different from the marks that are already registered.

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