Hallmark Registration in India
A trademark describes any word, sign or letters or a mix of these that is used to mark the product so regarding identify it from the item of another manufacturer. The trademark works to make the general public knowledgeable about the producer or the source of the item. Trademarks play a considerable role in product marketing and thus there are certain rules put down for the registration of hallmarks. Every country or nation has a set of guidelines governing the registration of hallmarks. India also has laid down a set of laws governing the registration of hallmarks. For trademarks registeration in India the owner needs to file an application in writing with the Registrar of Trade Marks in the needed format.
Different states of India have their own specific offices where one can submit the application for hallmark registration. For instance for hallmarks registration in Chennai, one needs to file the application as per the recommended format and make the payment of the charges either by cash, bank draft, money order or postal order favouring “Deputy Registrar of Trade marks”, Chennai. For other details associated to the registration of trademarks in Chennai the Deputy Registrar of Trademarks at the Trade Marks Computer registry in Rajaji Bhavan, Chennai may be called.
Ways to submit trademark application in India The Trade Marks Act, 1999 governs all the matters associated with hallmarks and holds excellent throughout India. By signing up a particular trademark the person gets special rights for its usage. Although it is elective by law to register a hallmark, signing up the hallmark provides legal security to it.
The trademark offices in India are situated at five places particularly, Ahmedabad, Mumbai, Kolkota, Delhi and Chennai. For the registration of a trademark, the application needs to be submitted in Type TM-1 in any of the five workplaces of the Trademarks Computer system registry within whose jurisdiction business workplace would fall. A fee of Rs. 2500/- need to accompany the application. The application is then processed to check if the trademark is unique and not one that is already signed up. If discovered legitimate then the next action would include the publishing of the hallmark in the Trade Marks Journal permitting others an opportunity to raise objection, if any. If it is found that there is no objection from any person then it is signed up as a valid trademark and a certificate is duly issued. In case of any objection and the application declined by the authority the candidate has a chance for appeal to the Intellectual Property Appellate Board.
The basic term for which a trademark is registered is for Ten Years after which it has to be restored. One can restore it for another 10 years after the expiry of the very first Ten Years. In case a registered hallmark is not renewed then it is erased from the register of trademarks.
Registering a hallmark although elective according to the law, is useful due to the legal defense that it uses.