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Trademarks Registration Services
UNIMARKS LEGAL SOLUTIONS a law firm comprises of expertised Trademark Registration Consultants in Chennai. We ensure our clients receives quality legal services specifically tailored to meet their needs of both domestic and international trademark registration.
HOW TO REGISTER TRADEMARK?
THE CHOICE OF TRADEMARK, logo, name is the first thing which identifies your business barring the rest. It is crucial to check its availability before selecting the trademark for your business. In Unimarks, we assist and advice our clients to choose the right brand or logo by evaluating the same with the existing trademarks registered or applied with Indian Trademark Office.
HOW TO CHOOSE YOUR TRADEMARK?
Coined/Invented Words: The strongest trademark is coined or made-up word, simply put one should invent a brand rather picking random words from the Dictionary. For example, the Trademark “POTHYS” has no meaning but still a strong and identifiable popular brand for textile products in India. The trademark shall be distinctive and devoid of any dictionary meaning not only to qualify for trademark registration but also for its uniqueness associated with such business in the market.
Arbitrary Marks: Arbitrary trademarks may have dictionary meaning but made-up words for the business chosen.A well-known brand is “APPLE” for Computers. Though these brands could create its own identity with the associated business, it may have its own flaw as the owner of the brand would not be able to stop others from choosing the same for different goods or services.
Suggestive Marks: Suggestive trademarks suggest the nature, quality, advantage or benefit of the products or services provided under the brand. Suggestive marks requires some imagination, For example “INFOSYS” the trademark coined with the combination two different words viz., “Information” and “System”. One of our client came with the choice of TM “Clean Zone” for cleaning powders, later changed the brand after our suggestion as “Clezo” which appeared unique and the registration process was easy.
Descriptive Trademarks: Choosing descriptive trademark for your business limits your exclusivity in the market. You will not be successful in stopping your competitor when your trademark is itself is too ordinary and it conveys immediate idea of the quality of your products. The registration of descriptive trademarks is difficult as the trademark office expect at least 5 years of exclusive use in the market before granting statutory protection under Trademarks Act. The descriptive trademarks are viz., TRENDS for Readymade Garments, AQUAPURE for packaged drinking waters and etc.,
Generic Trademarks: The common words which could be easily related to the particular category of goods or services are termed as Generic and is not a right choice for your business. For example AQUA for packaged drinking water, SAFE for Travels and etc., These trademarks are not granted for registered by the Trademarks Registry.
TRADEMARK REGISTRATION TIME FRAME AND PROCESS
2 to 3 years. Yes! You heard it right. The registration of trademark shall mandatorily undergo several process viz., examination, objection, publication and registration in case of no opposition from the public. Beware, if anyone promises trademark registration in one hour or even within a year, it never happens that way. Due diligence and incessant follow-up required from the trademark attorneys to ensure the registration of the trademark.
- Comprehensive Trade mark search report and Expert Legal Opinion
- Drafting and filing of TM applications in appropriate classes
- Suitable response to office objections
- Frequent Follow-up and communications for TM Registrations
- Timely reminders and Renewal of our client Trade Marks
- Trademark Monitoring to identify and prevent the counterfeit or bogus TM Applications
- Infringement and Passing-Off Suits against Counterfeiters
- Opposition and Defending Applications of our clients
- Rectification Petitions before IPAB and Tribunal to eliminate conflicting trademarks
What is Trademark Search?
“Trademark Search/Clearance Report” is the process of making sure that no one else already owns the trademark chosen by you to use in the future. It is important to obtain Trademark Clearance Report for any business before using the such trademark to sell any product or services.
Why Trademark Search/Clearance report is important?
Because,what you don’t know can still hurt. It doesn’t matter how big or small your business is – if you are planning to launch a new brand it is pertinent to carry out and obtain trade mark clearance/availability search from the competent trademark attorney, else you might end paying a hefty price in the future. The trademark search clearance saves the risk of third party claim of future infringement or passing of their prior use or registration.
Trademark Search/Clearance Report
In Unimarks Legal Solutions, we review of various information, including trademark databases designed to determine whether a particular trademark is available for use. We have done more than thousands of trademarks and recommended our clients to choose the right trademark which could be vary of future objection either by the Trademarks Office or Third parties.
The search report from Unimarks typically includes a discussion of registrability, including an identification of likely refusals that may be raised by the Examiner from Indian Trademark Office and how those might be overcome.
If you want our advice on the suitability of your trademark for registration then our trademark experts will conduct extended searches and advise you. If you then file your application, we will refund the search costs.
What will you find in Trademark Search/Clearance?
We provide you with the relevant details of identical and similar marks. We also inform you the details of proprietors and whether you can proceed with the application based on the comparison of rival trademarks, proposed goods and geographical location of the competitor.
In Unimarks, our Trademark attorneys will provide their expert opinion on whether your proposed trademark meets the necessary criteria to function as a trademark and be accepted by the Trademark Registry. In addition, we also advise you whether third party trademark registrations or applications may impact upon your trademark, and how this could affect your commercial use of it. As appropriate, we will give you advice on how to improve chances of a successful registration.
Brand Protection Service and Why is it important?
The rationale behind Brand protection Service is to ensure the protection of the brand value and prevent its dilution in the market, so the proprietor of such trademark will have the exclusive right to monetize the value of their trademark in any possible manner as they want.
It is a common misconception among the business organizations that the registration of trademarks alone is sufficient as they presume that once after it registration such Trademark, brand or logo are automatically protected under the Act. In fact, the registration of trademarks is only beginning but managing the trademarks and enforcing the statutory rights against the counterfeiters alone safeguards the brand value of their organization.
Brand name have significant economic value and is the core of success for any Company. Thus, it is essential to ensure there is no confusion between the products of similar origin in the market. Trademark or Brand Protection Service offered by Unimarks Legal Solutions intended to safeguard the products or services of our clients from the competitors who might lower their brand value.
Though most businesses enter the market with their own brand to compete with the existing companies who already have created a brand name for themselves. There are few entities counterfeit the existing reputed trademarks to exploit the reputation built by the legitimate businesses. These entities neither care about creating their own brand nor think about the public interest.
We at Unimarks Legal Solutions, constantly watch and initiate necessary pre-emptive actions against the counterfeiters by alerting our clients to file timely objections, oppositions or issue cease and desist notice. We also conduct Trademark Journal Watch to prevent the confusingly or deceptively similar trademarks from getting registration which saves future risk and legal costs.
Infringement & Passing Off Actions
Imitation is regarded as the highest form of flattery but not when it comes to imitating the reputed trademarks. The law does not permit anyone to carry on his business in such a way as would persuade the consumers in believing that the goods or services belonging to someone else. in believing that We advise our clients to initiate appropriate legal actions against the persons who illegally attempt to counterfeit their trademark, logo and other Intellectual Property entitlements of a business. The legal actions can be taken in the form Infringement & Passing Off before the Court.
The action against passing off is based on the principle that “a man may not sell his own goods under the pretence that they are the goods of another man.” The passing off action applies whenever there is the prospect of confusion between marks and getup or where there is the prospect of confusion of identity through the unauthorised use of similar marks or get-up. The main consideration of passing off is whether deception or confusion is imminent in the market while identifying the products or services by the consumers.Passing off action is based on common law principle. The damages claimed for in an action for passing off is “un-liquidated damages”.
The action for infringement is a statutory remedy conferred on the proprietor of a registered trademark.The action for infringement of trademarks is aimed at protecting the trademark itself. During the course of action, it is ascertained whether the counterfeit trademark is visually or phonetically similar and there is an imitation of registered trademark. Once the above are established no further evidence is required to establish the claim of registered proprietor.
INTERNATIONAL TRADEMARK REGISTRATION
International Trademark Registration is important as your rights vested in the Indian trademark registration will not extend to foreign country. It is highly possible that your trademark is vulnerable in overseas countries. Any company which feels its brand equity can be extended to other countries should consider filing a trademark to preserve and protect its rights to those brands.
Unimarks Legal Solutions is pioneer in International Trademark Registration and associated with renowned IP Firms across the world . We advise our client to choose the right method to file International Application based on their requirements and needs. We assist our clients to file International Trademark Application by engaging the competent Trademark Law Firms in the country where they wants to file the application
There are several ways to file foreign trademarks which could save time and money for the applicant. Instead of applying for multiple trademarks in each country a single application can be filed in different countries on following ways.
- Multiple Application – The applicant may file multiple trademark application in the countries where they have business presence or planning to expand in the future. The applicant shall engage the attorney in such country and pay the Govt. Fees (Please find the fee schedule from the downloads Link) which varies on each country.
- Madrid Protocol – The Madrid System is a centralized filing and management procedure. Through the Madrid System the applicant can file one international application, in one language (English, French or Spanish), and pay one set of fees in Swiss francs to obtain international registration in multiple territories. Filing an international application is the equivalent of filing a bundle of national applications, effectively saving you time and money. The Madrid Protocol System covers a group of 96 countries, including most of the major industrial nations in the world. This process is comparable to filing a common application for college instead of applying to dozens of colleges separately. It is important to remember that other countries can still choose to reject that mark.
- Community Trademark (CTM) – The applicant can file a single application before European Union by paying just one fee which extend to multiple countries which are members of European Union. It is an one-stop shopping where the applicant is not required to file multiple applications and pay multiple fees across different countries in this method. However, it should be noted that if the application is rejected any one of the member country then the entire Community Trademark Application gets rejected.