Trademark Registration Costs in Chennai: Brand Protection

In India, Section 29 of the Trademarks Act, 1999, defines Trademark infringement. It occurs when a third party uses a trademark that is identical to or confusingly similar to a registered trademark. It’s crucial to trademark registration in order to prevent infringement and safeguard your brand.

Understanding trademark registration

In India, trademark infringement is defined in Section 29 of the Trademarks Act, 1999. It happens when a third party uses a trademark without a license that is identical to or confusingly similar to a registered trademark. To avoid infringement and protect your brand, it is essential to register your trademark.

Types of trademarks

Service trademarks: Businesses in the service industry are protected by trademarks relating to commercial services used mostly by hotel, medical, transport, courier, and retail business owners to protect their brand names. Items and products are not covered by such trademark classes.

Collective trademarks: A collective is a group that obtains trademarks. This kind of trademark enables multiple businesses to benefit from collective protection and raise public awareness of specific aspects of their products.

Certification trademarks: These trademarks aid in defining the norm for a specific good or service. It guarantees quality and reassures customers that a product has completed the necessary testing. Electronics manufacturers rely on this method the most to gauge the quality of their goods.

Unconditional trademarks: These trademarks set themselves apart from others and gain recognition as a result.

Legal benefits of trademark registration

A successful trademark registration must retain its distinctiveness and originality while being simple to say and recall.

• Exclusive rights: Selective rights over the trademark are advantageous to the registered trademark owner. Every object belonging to the class(es) listed in the application may use the same, according to the owner.
• Builds trust and understanding: Through the trademark, the reputed superiority of your products and services is made universally known, which fosters market-wide client trust and understanding. It assists in creating enduring and devoted customers who consistently select the same brand.
• Differentiates product: Customers will find your products more easily as a result. It distinguishes your product or service from that of your current and expected competitors and functions as a powerful marketing tool. The logo can represent your organization’s or any association’s mission, values, or distinctive quality.
• Identity to product’s quality: It gives the value of the good or service’s identification. Customers associate the quality of a service or product with the brand name, and this perception of a particular brand’s character in the market aids in luring in new customers who can recognise the calibre of a good or service by its logo.
• Asset creation: A trademark registration gives a company intellectual property. The right to use registered trademarks may be sold, assigned, franchised, or economically contracted. The trademark is another intangible asset that provides the association with its chosen benefit.

Factors influencing trademark registration costs

Cost of trademark registration in India

Government and professional fees make up the two categories of Trademark Registration costs. The government charges Rs. 9000 per application and per class for the corporation to register a trademark. The government charges Rs. 4500 per application for each individual class to register a trademark.

Number of classes

The cost of trademark Registration can also vary depending on how many classes are included in the application. Trademarks are categorized based on the products and services they signify, and each class and mark have associated fees.

Legalfees

The legal costs of that specific professional should also be taken into account if the company or person decides to retain them to help with the trademark registration application. The type of application and the level of experience of the appointed legal representative can both affect the cost of representation.

Renewal costs

The cost of renewing a trademark is Rs. 5000 for each mark in each class, but Rs. 10,000 is required to renew a collective mark.

A trade mark must be corrected or removed for a fee of Rs. 3000.

Breakdown of trademark registration costs

Although it is not necessary to do so in order to submit a trademark application, doing so is strongly advised. A lawyer can help with the process of looking up already-existing trademarks, preparing and submitting the application, and reacting to the office’s decisions. The level of competence and the specifics of the trademark application determine the professional fees.

Budgeting strategies for trademark registration

Prioritizing classes and elements

A statement or affidavit that includes information on the initial application, such as the date it was filed, the country where it was registered, the registration certificate, etc., is typically used to support a claim of priority.

DIY vs. Professional services

Without the necessary legal knowledge and experience, trademark registration is a challenging process. Therefore, it is strongly advised that you speak with a qualified trademark lawyer who can make the process of trademark registration much simpler for you.

Considering long-term costs

When deciding to register a mark, an applicant must be made aware of the various costs associated with trademark registration. In India, the number of classes that the applicant intends to add will affect the cost of trademark registration.

Exploring fee waivers or discounts

The details of trademark fee concessions for MSME and startups in India are shown in the table below.

Tips for cost-effective trademark protection

Conducting thorough preliminary searches

Before submitting a trademark application, firms can find out whether there are any potential conflicts or infringements by conducting a thorough search of all conceivable trademark databases and public records. This can lessen the likelihood of legal conflicts and the necessity for expensive court cases.

Maintaining a clear and distinctive mark

The following conduct upholds trademark protection:

• Create brand standards and communicate them to the team, affiliates, distributors, and licensees to prevent rights infringement. This covers the possibility that trademark protection will be lost when a distinctive trademark becomes generic.
• Keeping up with the upkeep of registered trademarks, such as prompt payment of maintenance fees.
• Being aware of when and how to trademark a name in other nations as your company grows abroad.
• Keeping an eye out for trademark infringements of yours Examples of trademark infringement include new application filings that violate your rights, the use of your trademark in domain names for products or services that are related to yours, trademark infringement on third-party websites and in social media, and fake goods that bear your registered trademark.

Keeping records of trademark usage

Keep a record of the time you gave a name or the time you gave a name in the past. Keep a record of the name’s search history, including the time, location, and person who conducted it. Keep track of the date you first used the name internally to discuss the project it is associated with. Keep track of the date you first used the name in a professional capacity with clients.

In any trademark dispute, the history is crucial, so it’s crucial to preserve the data pertaining to your trademark’s history and use. The better position you are in to settle such a dispute, the easier and more thoroughly you can document that history.

Monitoring for infringements

Checking the USPTO files frequently to see whether anyone has submitted an application to register a trademark that is similar to yours is one way to keep an eye on a trademark.

Typically, sending a “cease and desist” letter is the initial step in stopping trademark infringement.

In this letter, you inform potential trademark violators of your registered trademark, describe it, and explain why you believe the other party is abusing your property. The letter continues by requesting that the trademark infringement cease immediately and threatening legal action if it does not.

Conclusion

Trademark registration is essential since it may safeguard your company’s reputation and give you full legal ownership of your intellectual property. A trademark application may be rejected, and the registration process can take many months. To reduce their chances of being turned down, the applicant must be aware of the procedure for trademark registration.

In this regard, one may also contact Govche India Pvt. Ltd.’s Kanakkupillai web portal, which is situated in Chennai. The Kanakkupillai trademark registration service enables online trademark registration for businesses looking to protect their brand. They provide a range of services, including brand registration, trademark registration, and registration of trademark names. Don’t leave it up to chance to protect your brand; rely on them to help you with the online trademark registration process.

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