Trademark Registration in Chennai

Trademark Registration in Chennai

In today’s marketplace, every business needs something that sets it apart. A trademark registration does exactly that - it gives your brand its own voice and identity. If it’s a name, logo, or catchy tagline, your trademark shows a reputation behind your products or services. It protects your brand’s future. Registering your trademark in Chennai under the Trade Marks Act, 1999, provides you with exclusive rights, protects you from imitators, and strengthens your brand’s credibility across India. You know the best part? In Chennai, you can register your trademark online at the IP India portal.

What is a Trademark?

A trademark is a special symbol, design, name, or combination of any that denotes a special product that identifies and distinguishes the source of the goods from one person to another. The Trademarks Act, 1999, does not mandate the registration of trademarks in Chennai, but registration provides the trademark owner with legal protection, exclusive rights to use the mark, and other benefits.

Who Can Apply for a Trademark Registration in Chennai?

• Individual
• Sole Proprietorship
• Partnership Firm
• Limited Liability Partnerships
• Private Limited Company
• Public Limited Company
• One Person Company
• Trust
• Society

Types of Trademarks

As stated above, trademarks that are registered in India are classified according to the nature of the mark and how it is to be used. Below are the most common types of trademarks:

1. Word Mark

A word mark does not contain any graphic element; in other words, it is a word, letter or number. For example, it can comprise business names such as Google or Apple today.

2. Logo Mark

A logo mark is a trademark that is a graphic, design or symbol. Organizations employ it to differentiate their products or services by looking for visible characteristics. Such signs are the Nike swoosh or the Mcdonald’s golden arches.

3. Composite Mark

A composite mark is therefore a mix of both identifiable text and logo features. For instance, the Coca-Cola logo is the name of the brand consumed, accompanied by an ornate font.

4. Service Mark

A service mark is used to distinguish one business from another in the services offered to consumers. The symbol adopted for service marks also resembles that of a trademark, with the added function of differentiation.

5. Certification Mark

Certification marks are used when a sign wishes to inform the public that the products or trade services meet certain standards or criteria, e.g., quality, geographical origin, etc. For example, the ISI mark or the ‘made in India’ label is an example of a certification mark.

6. Collective Mark

A collective mark is a type of trademark which is used by the members of a particular group or association, as a way of showing that they belong to that group /association. They can also be used to represent a given community, trade or profession.

Benefits of Trademark Registration in Chennai

1. A registered trademark provides legal rights to the owner to use the mark exclusively.
2. Registering the trademark increases brand value.
3. A registered trademark is a valuable asset for a brand, as it distinguishes it from others and can be licensed for use.
4. Registration of a trademark in India is used as a basis for international trademark registration.
5. Registered owners of the trademark have the right to sue for damages and injunctions in case of unauthorised use.

Requirements of a Trademark Registration in Chennai

To register a trademark in Chennai, you need to make sure:

1. Your mark is unique – it should not look or sound the same as an existing registered mark.
2. It can be shown clearly – you must be able to represent it visually (for example, a logo, word, or symbol).
3. It identifies your goods or services – people should be able to tell that the mark belongs to you.
4. It’s not misleading or offensive – it shouldn’t deceive customers or hurt anyone’s religious or national feelings.
5. It’s not a common term – you can’t register everyday words that just describe the goods (like “Sweet” for sugar).
6. You choose the right class – trademarks are registered in different classes (there are 45 total), depending on your business type.

Documents Required for a Trademark Registration in Chennai

You need the following documents for the trademark registration in Chennai:

1. Trademark/Logo/Wordmark

2. Applicant’s Details

• Name, address, and nationality of the applicant
• Type of applicant (Individual, Company, Partnership, etc.)

3. Details of Goods or Services

• A clear description of goods/services for which the trademark is sought
• Identification of the relevant class based on NICE Classification (1 to 45)

4. Power of Attorney (Form TM-48)

• Authorizes a trademark agent or attorney to file on the applicant’s behalf
• Must be duly signed and executed on stamp paper

In the case of:

1. Individual or Sole Proprietorship

• PAN Card or Aadhaar Card of the applicant
• Proof of business address (utility bill, rent agreement, etc.)

2. Partnership Firm/LLP

• Partnership Deed or LLP Agreement
• PAN Card of the firm
• Authorization letter (if one partner is signing on behalf of others)
• User affidavit

3. Private Limited/Limited Company/OPC

• Certificate of Incorporation
• Company’s PAN Card
• Board resolution or letter of authorization to file the application

4. Trust or Society

• Registration certificate of the trust/society
• Trust deed or governing rules
• Authorization from the trustees or management body

5. Optional Documents (If Applicable)

• MSME or Startup India Certificate - To avail of a 50% rebate on government fees for trademark application.
• Translation or Transliteration - Required if the trademark is in a language other than English or Hindi.

Online Process of Trademark Registration in Chennai

• Conduct a Trademark Search on the IP India portal to check whether your trademark is registered or not.
• Trademarks are categorised into 45 classes based on the type of goods or services. Identify the class(es) that represent your mark.
• Draft and prepare the Trademark application in the Form TM-A. In the application, make sure you provide the following details:
• Your name/address, trademark image or text, list of goods/services, date of first use (if any)
• identity proof, business proof (incorporation certificate, partnership deed as applicable), logo/design file
• Goods or services associated with the trademark.
• Description of the trademark
• Date of first use of the trademark, if applicable
• Go to the IP India e-filing portal, register or log in, and select the trademark section. Upload your filled form TM-A and supporting documents, and attach the Power of Attorney (Form TM-48) if an agent is filing the trademark application.
• Pay the application fees. 
• Once you submit, the Trademark Office will examine the application. If there are any objections, you have to respond to the application within 30 days.
• After examination, your application will be published in the Trademark Journal for 4 months to allow others to oppose the trademark registration.
• If no opposition is filed or if the opposition is resolved in your favour, your trademark is registered.
• You will receive a Registration Certificate for your trademark. After registration, you can use the ® symbol with your trademark.

Validity and Renewal of Trademark in Chennai

Once your trademark is registered, it shall be valid for 10 years from the date of application. You can renew your trademark indefinitely for a lifetime.  

Renewal Process

Form TM-R: To renew a trademark, the applicant must file Form TM-R with the prescribed government fee. This should be done before the expiry date of the trademark. A grace period of 12 months after expiry is also available, subject to payment of additional fees.

Documents Required

• Original Trademark Registration Certificate
• Identity proof of the applicant
• Power of Attorney (Form TM-48), if the renewal is being filed through a trademark agent or attorney

Once the Trademark is renewed, it will remain valid for another 10 years.

Why Choose Kanakkupillai for Trademark Registration in Chennai?

Registering a trademark in Chennai can seem complicated, as there are forms to fill out, classes to select, documents to prepare, and timelines to follow. Kanakkupillai provide end-to-end support to make the process smooth, reliable, and hassle-free. We provide:

• Complete guidance: From trademark search to final registration, we guide you every step of the way.
• Expert team: Our professionals understand the legal requirements and ensure that your trademark application is filed correctly.
• Accurate class selection: We help you identify the right classes for your goods or services to secure full protection.
• Document preparation assistance: No more confusion about identity proof, business proof, or trademark representation.
• Affordable & transparent pricing: No hidden charges, only transparent fees!
• Timely updates: We keep you informed at every stage, from examination to the issuance of your registration certificate.
• Post-Registration support: We assist with trademark opposition and renewal applications.