Intellectual Property of Business

Intellectual property suggests identification of products and their value, through patents, trademarks and copy-rights.

• PATENTS protect inventions such as machines, processes, compositions of matter and certain designs
• TRADEMARKS are brand identities such as product or service names, logos or packaging
• COPYRIGHTS are artistic creations, such as artwork, writings, film or music

Trademark:

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

The (TM) mark may be used immediately next to your mark. The ® registration symbol may only be used when the mark is registered with the PTO.

Process of registration: 

An application for a trademark on Form TM-1 with the prescribed fee of Rs 2,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. This will depend on the place where you reside or have your main place of business.

• You will need to do a pre-filing search before filing your trademark.
• Once you register your trademark, you will be issued an official receipt with a TM number.
• Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview.

Application Form:

http://www.lrswami.com/uploads/trademark_application_form.do
http://164.100.176.37/eregister/eregister.aspx

Fee Structure:

•  To file a new application there are set forms depending on the nature of your application. The forms are numbered as TM-1, TM-2, TM-3, TM-8, TM-51 etc: Rs 2,500
• To file a notice of opposition to oppose an application published in the Trade Marks Journal a (FormTM-5): Rs 2,500
• For Renewal of a registered trademark (Form TM-12): 5,000
• Surcharge for late renewal (Form -10): Rs 3,000
• Restoration of removed mark (Form TM-13): Rs 5,000
• Application for rectification of a registered trademark (Form TM-26): Rs 3,000

 Documents:
• Individual/company name
• Individual/company address
• Type of company (Proprietorship/Pvt ltd/Partnership/society/trust etc)
• Name & Designation of authorized signatory
• Email id & contact number
• Date of first use of the brand name

Regional Office and Address:

V. Natarajan,
Deputy Registrar of
Trade Marks and GI,
Trade Marks Registry, Chennai

Ph.no: 022-24148251