A-Comprehensive-Guide-to-the-Trademark-Registration-Process-in-India

A Comprehensive Guide to the Trademark Registration Process in India

A trademark is a special and distinguishing symbol that is used to identify products or services that are offered by a certain person, business, or entity. It can be expressed in many ways, such as through words, phrases, symbols, designs, logos, or a mix of these. In order to foster consumer loyalty and trust toward a brand, trademarks are essential for helping consumers identify and discern one brand from others in the marketplace.

It is significant to remember that service marks and trademarks are included under the same umbrella term. A service mark serves the same purpose as a trademark, however it is specifically used for services as opposed to physical commodities. A trademark identifies and protects items.

The following are a trademark’s main purposes and attributes:

  • Finding the Source: Finding the origin or source of goods or services is the main function of a trademark. Customers recognize and identify a trademark with a specific business or service when they see it, which contributes to the establishment of the brand’s reputation.
  • Legal Protection: The owner of a trademark acquires exclusive rights and legal protection upon registration. By giving the owner the ability to sue anyone attempting to use the same or a similar mark, confusion in the marketplace is avoided.
  • Protecting Against Fraud and Counterfeiting: The unauthorized use of a trademark by third parties, as well as counterfeiting, are discouraged by registration. It guarantees that clients receive authentic, high-quality goods and services and contributes to the preservation of the brand’s identity.

Why to apply for a Trademark?

The act of registering a trademark in India presents numerous noteworthy benefits.

  • Exclusive Rights: The owner of a trademark has the only right to use it in connection with the products or services it covers as long as it is registered. It gives rise to a presumption of validity and ownership in law, which facilitates the process of defending against infringement.
  • Legal protection against infringement: Registered trademarks are shielded from unlawful use and infringement, allowing their owners to pursue legal action.
  • Brand awareness and Goodwill: A registered trademark contributes to the goodwill and reputation of the company by fostering consumer confidence and brand awareness.
  • Licensing and Monetization: Registered trademarks offer chances for income generation and company growth through the licensing or franchising of these rights.
  • National and International Protection: Under the Madrid Protocol, a registered trademark provides protection across India and can serve as the foundation for acquiring protection abroad.

Trademark categorisation  in India

Trademarks serve as unique identifiers for goods and services in India and can take on diverse shapes. The many trademark categories that are accepted in India are as follows:

Word Circles

Without any artistic depiction, word marks are made up of letters, words, numbers, or combinations of these elements. It allows for freedom in font and style; Microsoft, Tata, KFC, and IBM are just a few well-known examples.

Marks of Devices

Labels, stickers, logos, and any geometric figure—with or without text elements—are examples of device markings. Colors may also be included in these marks, but in order to obtain protection, they must be indicated at registration. The recognizable Apple logo is one well-known example of a device mark.

Sound markings

Sound markings are unique noises that are used to uniquely identify the commercial source of goods or services. They have precise sound annotations and are represented in MP3 format. Yahoo, ICICI Bank, and Nokia are among the companies whose sound marks are registered in India.

Triple-Dimensional Brands

The shapes of the products or their packaging fall under this category; they must be unique from those of their rivals. The shape functions as a trademark in and of itself, allowing customers to identify the source of the product.

Trademarks in Color

When a buyer can easily recognize a product or brand thanks to its distinctiveness, color combinations can be registered as trademarks to represent goods and services.

Smell Marks

A distinct odor connected to a good or service is identifiable as a smell mark. Smell markings are uncommon but do occur in several industries, most notably in the fragrance and perfume industry.

Shape of Goods

Trademarks may be filed for products’ shapes provided they are unique and not only utilitarian. Shapes that add significant value to the items or are required for a technical outcome, however, cannot be registered as trademarks.

An Overview of the Trademark Registration Procedure

The legal procedure through which a company or individual obtains the only right to use a specific mark in connection with their products or services is known as trademark registration. It is an essential stage in creating and safeguarding brand identification, providing a barrier against future infringement and unauthorized usage by other businesses. Unregistered marks have common law rights, but registering your trademark gives you more protection and a strong legal base on which to build your brand identification.

Why is it necessary to register a trademark?

For companies of all sizes, registering a trademark is a smart choice because of the many advantages it provides. First of all, it establishes a presumption of ownership and validity in law by granting the applicant the sole right to use the mark in connection with their intended goods or services. This exclusivity offers a clear line of action for legal action in the event that unauthorized usage happens, serving as a significant deterrent against any infringers. Furthermore, a registered trademark gains value and can be sold, licensed, or used as collateral. Beyond its utility, trademark registration strengthens a brand’s legitimacy and inspires confidence in both investors and consumers.

A Comprehensive Guide to the Process of Registering Trademarks

Successfully completing the Trademark Registration process is necessary to forge a distinctive brand identity and safeguard intellectual property rights. Even if this path is complex, it is an essential step for companies hoping to maintain their uniqueness in the market. Every stage, from the first search for a distinctive mark to the ultimate issuance of the registration certificate, is essential to preserving exclusive rights and strengthening the legal position of the brand. To aid in your understanding, the steps involved in trademark registration are explained in full below.

Step 1: Classification of Trademarks

Businesses must classify their trademarks into pre-established NICE Classification System categories as part of the initial trademark registration process. There are 45 classes in the Nice Classification System, with classes 1 through 34 denoting products and the remaining classes denoting services. The classes for which trademarks are registered and classed correspond to the intended uses of the trademarks. To put it another way, trademark categorization establishes the boundaries of a trademark’s use and protection, providing a clear framework for the trademark registration procedure.

Step 2: Trademark Search

A thorough trademark search is another requirement to fulfill before beginning the trademark registration process. In order to find any marks that are similar to or identical to the proposed mark that would make its registration difficult, this phase entails analyzing databases both domestically and internationally. A comprehensive trademark search helps businesses make well-informed decisions regarding the distinctiveness and viability of their chosen mark, while also reducing the possibility of objections during examination.

Step 3: Filing a Trademark Application

The submission of the trademark application would be the following step in the trademark registration procedure if all requirements have been satisfied. The application is sent online to the appropriate intellectual property office, asking for the mark to be reviewed and approved. Important information is included, such as the applicant’s identity, a picture of the mark, and the particular category of products or services for which it is meant to be used. At this point, accuracy and completeness are crucial to ensuring a seamless progression through the entire trademark registration process.

Step 4: Payment of Trademark Fees

The process of registering a trademark requires payment of necessary fees when the application is filed. These fees pay for the expenses of handling the application, holding the test, and performing other administrative duties. The fee schedule that applies to them should be known by applicants, as it varies depending on the kind of entity and the number of classes in which their trademark is being registered.

Step 5: Examining Trademarks

In this phase, the intellectual property office carefully examines the proposed trademark to determine its availability and distinctiveness. Making sure the mark satisfies the requirements for uniqueness, non-descriptiveness, and compliance with other legal requirements is the main goal. The Examiner creates an examination report outlining any concerns that could impede the registration of a trademark.

Step 6: Addressing Concerns

In order to advance the trademark registration procedure, it is imperative that objections presented during the examination stage be addressed. Within 30 days of the objections being stated, the applicant must carefully address each one. The examiner will move on to the next phase if they are satisfied. If not, the examiner has the authority to call a show cause hearing to address the matter.

Step 7: Publication of Trademarks

The authorized trademark application advances to the publication stage following the resolution of the objections. The trademark is released in the trademark journal, an openly available publication that invites objections from possible third parties. Opposition from third parties may arise due to factors such as the mark’s resemblance to other marks. Before the application for trademark registration is eventually processed, these must be resolved.

Step 8: Resolving Third-Party Disagreement

When third parties voice oppositions or objections within the allotted time, resolving those issues becomes crucial to the trademark registration procedure. In order to address the issues expressed by opposing parties, this step may involve settlement talks, litigation, or negotiation. The application will not be considered for further action by the department until all public oppositions have been successfully resolved.

Step 9: Approved Trademark Certification

When the applicant receives a Trademark Certificate, the last stage of the trademark registration procedure is completed. This formal document provides him with concrete evidence of the exclusive rights granted to him. It is valid for ten years after the date of application once it is issued. The Trademark is safeguarded against unauthorized use and plagiarism for the duration of this period.

Step 10: Renewing Your Trademark

In order to preserve their rights, trademark owners must proactively renew their trademarks as the last stage of the trademark registration process. Its protection can be lost if it is not renewed before it expires. The procedure for renewing is nearly the same as the one for first registration. Furthermore, a trademark may be renewed an unlimited number of times.

Conclusion

The procedure of registering a trademark is an essential step for companies to get through in order to safeguard their brand identification. A different layer of legal protection is added at each stage, beginning with the selection of classes and continuing with the resolution of objections and continuous renewals. This procedure is not simply about complying with regulations; rather, it is a strategic investment in ensuring the legitimacy and ownership of a brand within the context of the contemporary competitive landscape.

Documents Required For Trademark Registration – Complete Guide

Documents Required for Trademark Registration – Complete Guide

Protecting your intellectual property and securing your company’s success depend on registering your trademark. But, with all the paperwork that needs to be filled out, the registration process might appear overwhelming. Not to worry! No matter what kind of applicant you are, this detailed guide will provide you with everything you need to register a trademark successfully.

Documents required for trademark registration for individual:

  1. Identity Proof:
    • PAN Card (mandatory)
    • Voter ID Card/Aadhaar Card/Passport (optional)
  2. Address Proof:
    • Recent electricity bill/landline telephone bill/bank statement (not older than 3 months)
    • Aadhaar Card with the address (self-attested)
  3. Form TM-A: Duly filled and signed
  4. Soft Copy of Trademark (if applicable): High-quality image in JPEG format
  5. Udyog Aadhaar Registration Certificate (optional): For availing fee concession
  6. Power of Attorney (POA): If filing through an agent (Form TM-48)

Documents required for trademark registration for company:

  1. Certificate of Incorporation/Registration:
    • Company/LLP/Partnership Deed
  2. PAN Card of the Company/LLP/Partnership Firm
  3. Identity and Address Proof of the Signatory:
    • Director/Partner/Proprietor (PAN Card, Aadhaar Card, etc.)
  4. Form TM-A: Duly filled and signed by the authorized signatory
  5. Soft Copy of Trademark (if applicable): High-quality image in JPEG format
  6. Udyog Aadhaar Registration Certificate (optional): For availing fee concession
  7. Power of Attorney (POA): If filing through an agent (Form TM-48)

Standard Documentation Demand for Registration of Trademarks Across All Business Types

Contingent on their classification, the subsequent documents are mandatory submissions for all corporate applicants:

Authorization for Power of Attorney

In the presence of an attorney or a duly registered trademark agent, each applicant for a trademark is required to procure a Power of Authority on behalf of that agent.

The depiction of the trademark logo

The trademark of a company or brand exerts an impact on the preferences and behavior of its customers. Hence, it is recommended to select a trademark logo that has the ability to be graphically represented appropriately.

Ownership of a Trademark Affidavit

When the trademark applicant asserts the date of first use of the trademark, he is required to include the Proprietor Affidavit with his trademark application. Additionally, the applicant is required to provide pertinent corroborating documentation that establishes the date of initial utilization. The subsequent invoices may be used as corroborating evidence regarding the date of initial use:

Certificates pertaining to Commercial Invoices and company incorporation

Things to think about before you apply for trademark registration

Before filing for trademark registration online in India, the person who wants to register a brand must carefully write and gather all of the necessary paperwork. If you send in the wrong trademark application, it could make the filing process take even longer. You will also be bothered to make the changes that are asked of you on the application. Remember that the Indian RoT, or Register of Trademarks, does not let you fix any typing mistakes in the paper you send them at any point.

The ROT can refuse or reject the trademark application in its entirety if it is sent in a partial form. So, you can talk to the IPR experts at Registrationwala about the necessary steps for registering a brand. If you want to know how much it costs to register a logo trademark in India, you can also get in touch with us.

Trademark and Trade Secret

Difference between Trademark and Trade Secret

What is a Trade Secret?

Trade Secrets are the secrets or concepts of any business that keep it successful. For instance, formulas, procedures of production, elements of the recipe, instruments utilized, designs, or any other information that has an economic worth in the business are examples of the types of information that make up trade secrets, which are a sort of intellectual property.

In addition to the term “Trade Secret,” the term “Confidential Information” can be used to refer to information that gives a firm an advantage over its rivals. The following are the three most important components of a trade secret:

  • They are not offered to the general public at this time.
  • The person who possesses them derives monetary gain from their concealment.
  • Their ability to maintain their anonymity is strictly guarded.

What is a Trademark Registration?

To put it another way, a trademark is a logo or other type of graphic representation that is used to distinguish one product or service from another. An illustration of this would be the name or logo of a company, brand, or product.

Numerals, images, photos, three-dimensional features such as product type and packaging, and non-visible signals such as tones, smells, or color hues may also be included in trademarks and trademark registration.

Key Differences Between Trademarks and Trade Secrets in India:

Nature of Protection: Trademarks are registered with a government agency, providing a defined term of protection. Trade secrets, on the other hand, are not formally registered but rely on secrecy and confidentiality measures.

Scope of Protection: Trademarks protect source identifiers, such as logos, brand names, and slogans. Trade secrets encompass a broader range of confidential information, including formulas, processes, designs, and customer lists.

Duration of Protection: Trademarks typically have a duration of 10 years in India, with the option for renewal. Trade secrets remain protected as long as they remain secret and have commercial value.

Purpose of Trademark Registration?

The process of registering a trademark is an important concept that is used to protect the identity or logo of a firm.

Registering a trademark is beneficial because it demonstrates the existence of a brand or visual identity that distinguishes one’s own goods and services from those of one’s competitors. Trademarks are a type of intellectual property.

Therefore, the primary objective of registering a trademark is to provide protection for your company and its brand from third parties who may misappropriate it or smear its reputation.

In order to get your trademark registered, you will need to satisfy the many conditions that are required for trademark registration in India.

How can trademarks and trade secrets protect your business?

Having a registered trademark grants your company the exclusive right to utilize your one-of-a-kind brand identification in order to set yourself apart from other companies in your industry. This implies that nobody else may use a mark that is identical to theirs in the same industry or market, which helps eliminate misunderstanding among customers.

On the other side, trade secrets provide you with an advantage over your competitors and enable you to keep your current level of market share within the sector. You have every right to be proud of the one-of-a-kind approach that your firm provides, so long as your proprietary information is kept in strictest confidence. As a result, your company should take proactive measures to safeguard its trade secrets, such as restricting access to information and mandating the signing of nondisclosure agreements by workers, contractors, and other parties involved.

What is the process to secure your brand or intellectual property via Trademark Registration Online?

After learning about the distinctions between a trade secret and a trademark, it is possible for us to comprehend the significance of registering a trademark in India. Therefore, let’s talk about how to get your trademark registered so that you may take advantage of the benefits that come with having an international trademark registration.

  1. First things first, click on this link: E-Filing of Trademarks.
  2. Choose a plan, and then pay for it using one of the many different online payment options that are available.
  3. In order to determine whether or not the trademark design, logo, and form have been used previously, we will undertake a preliminary assessment.
  4. After that, a member of our skilled staff will put together an application for a trademark and get the applicant’s signature on all of the necessary paperwork.
  5. The next step is to file an online application for trademark registration, which our knowledgeable specialists will execute on your behalf. If there are no objections, you will have no trouble getting your trademark registered without any more steps.

Can trademarks and trade secrets expire?

As long as the trademark is used in commerce and renewed every ten years, it can remain eternally. However, the length of time a trade secret is protected is not specified. Instead, they are safeguarded so long as they continue to be secret and provide the company a leg over in the marketplace. When information loses its secrecy, its value to a company declines.

While trademarks and trade secrets may appear to serve similar purposes at first look, there are important distinctions between the two.

Navigating the Trademark and Trade Secret Landscape in India:

Effective protection of intellectual property is crucial for businesses operating in India. Seeking expert legal counsel can help companies navigate the complexities of trademark registration and trade secret protection, ensuring that their valuable assets are safeguarded. Contact us for professional help and support.

Logo Trademark Registration

Logo Trademark Registration

Learning how to trademark a logo is a crucial step in protecting the reputation of your business. Getting a logo registered as soon as possible is highly recommended if you plan on using it for an extended period of time. Familiarity with the procedure is essential for doing it right and staying out of harm’s way.

You can hire an attorney to trademark your logo for you, or you can use a specialized agency to get the job done quickly and easily.

Warning: trademarking a logo will take at least six months to complete regardless of the method you choose. ‍

What to keep in mind when trademarking a logo

  • No monopoly over a generic concept can be obtained through the use of a trademark. The company name “Yellow Mangoes” is too generic to be trademarked.
  • The use of your intellectual property by others in ways that are consistent with the Fair Use Doctrine is not protected by a trademark. Under fair use, the public is permitted to make noncommercial, non confusing uses of protected works such as those bearing trademarks or copyrights.
  • Having your logo registered as a trademark only affords you protection in the jurisdiction in which it was originally filed. If you’ve already trademarked your logo in one nation, doing so in another won’t be too difficult. However, if you want your trademark to be protected in more than one country, you’ll need to file for it in each one separately.
  • You can get trademark protection for your logo if it’s distinctive enough. The United States Patent and Trademark Office (USPTO) and other trademark offices will turn it down if it isn’t high quality and unique.

How to trademark your logo

After you have developed a distinctive logo, you might think about applying to trademark it. The process of trademarking a logo typically involves the following steps.

‍Where can you trademark your logo?

It’s not enough to know how to trademark a logo; you also need to decide where in cyberspace you want to do it. A logo cannot be globally trademarked in a single process.

Certain countries, like the United States and Canada, require trademark registration. If you’ve already trademarked your brand in one nation and want to expand into further markets, you can do so by applying for a World Intellectual Property Organization (WIPO) trademark.

Therefore, you need first decide where you will be conducting business. In most cases, protecting your trademark in one country won’t help you when it comes to infringement in a different country.

Trademark search

If you know that you want to register your trademark in the United States, for instance, you can look it up in the USPTO database. In most cases, you’ll want to look for other logos that use potentially confusingly similar wording or visual elements to your own. The Canadian Intellectual Property Office maintains a searchable database of trademark registrations.

Free online databases that can be searched by country are widely available. The World Intellectual Property Organization (WIPO) also maintains the Global Brands Database, which enables simultaneous country-wide searches. The same or similar brand name and the use of the mark in connection with similar products or services, or the use of the mark in conjunction with similar visual features, could lead to consumer confusion.

Conducting an effective trademark search requires expertise and experience, making it somewhat of a skill. That is why it is often advisable to seek the advice of a knowledgeable trademark lawyer who can help with doing such a search.

‍The Application and registration

Having finished your search, you may be ready to submit an application for a trademark in the jurisdiction(s) of your choice.

Filling out our online forms and paying certain fees are required to apply for a trademark in various jurisdictions. The applicant’s name, the trademark’s name, and the goods and services being trademarked are all examples of the kinds of details that will need to be entered.

Although these forms may appear straightforward, it’s usually best to have a professional trademark attorney look them over before submitting them. This is because it takes experience and training to know how to properly describe your goods and services and to be on the lookout for other common legal issues.

Trademark registries often review (or “examine”) applications, perform searches for potentially confusingly similar marks, and then either grant protection, propose revisions, or object for various reasons.

“Office actions” is a common term for these procedures. Rebutting office actions can range from being as easy as tweaking the wording of your product’s description to requiring extensive legal analysis and argumentation.

The procedure might take months or even years to complete, and third parties may file oppositions to your application if they feel your trademark is too similar to theirs or if they began using their trademark first.

You can start using the ® symbol next to your trademark logo instead of the TM symbol, which indicates that you are exercising trademark rights but have not yet registered the mark, once you receive your trademark registration certificate from the USPTO.

Importance of trademarking a logo

The advantages of trademarking a logo are numerous. It’s not necessary, but it would be to your benefit. 

Priority

When you trademark a logo, you gain exclusive rights to use that logo. In the absence of a trademark, you may only use the logo inside your own country. This means that a competitor in the next town over or halfway across the world can use a logo that is nearly identical to yours.

Even if you created or used the logo first, without trademark registration you likely have little recourse. If your logo is registered with a trademark, you can block someone else from taking it by law.

Lawsuit

If you successfully trademark your logo, you have the legal right to pursue legal action against anyone who uses the logo without your permission. Having a logo registration on your side can be decisive in some legal situations. If someone is using your trademarked logo without your permission, you can take legal action.

Money

Having a logo trademark gives you more leverage in the event of a trademark infringement lawsuit.

Import of foreign goods

If your logo is a registered trademark, you can prevent the import of foreign products that use a confusingly similar logo and could cause trademark infringement.

Foreign registration

You can register your logo for trademark protection in other countries once you’ve already done so in the United States. You can now expand into new international markets thanks to this.

What is a trademark?

A trademark serves as a shield against the unwarranted use of one’s creative works. A trademark can be used to protect any name, title, emblem, or symbol that is associated with a particular company. Your company’s logo represents a lot of hard work and money, so protecting it is a top priority.

A company’s logo acts as an icon for the entire brand. Since your logo is the primary means by which customers identify your company, trademarking it is essential to establishing and maintaining a distinct brand identity. Your brand’s credibility would take a serious damage if someone else used your logo for another product.

“Brand” can be thought of as another name for a trademark logo. “NIKE” and “COCA-COLA” are two examples of well-known brands that are also trademarks. In order to secure legal protection for its brand, the owner of the brand has “trademarked” it, making it a trademark as well.

Because of this legal protection, no one other than the trademark owner can legally use the trademark for the same goods and services, and in some cases, no one can legally use the trademark at all, as we will discuss in greater detail below.

People frequently get “copyright” and “trademark” mixed up. Copyright safeguards unique works such as books, movies, and photographs, whereas trademarks protect brand names.

Although having a trademark logo is generally recommended, it is not always required. Even if a small, regional business decides not to trademark its logo, it will still reap significant benefits.

Essentially, you lose nothing when you opt to trademark a logo, even in instances that don’t necessarily call for it. Since you stand to lose significantly more in the event of infringement, which is impossible to prevent.

4 steps for trademarking a logo

Online logo trademarking in 4 easy steps.

Step 1: Before moving forward, check to see if your logo may be legally trademarked

In order to be registered, your logo must be distinct. Stay away from stock images that you might find in other logos.

The US Patent and Trademark Office (USPTO) logo registration database is a good place to start looking. See if any competing brands have previously trademarked a logo you’re considering using.

Step 2: Register your logo as your own property

Several options exist for securing the trademark status of a company logo, each with their own associated costs. Using your brand immediately is the quickest and cheapest way to secure the rights you need. The fact that it does nothing to prevent someone in another region from taking it makes this a very risky option.

Logos can be registered with the Secretary of State in the state where the business is headquartered. This safeguards your intellectual property within the state, preventing other companies from using the logo without your permission.

Taking the time and money to apply for a trademark with the USPTO is your most expensive alternative. For this process, you would require an attorney or professional agency to aid you with the application because the logo must be precisely stated in words understood by the USPTO. You may have also wondered if there was a way to trademark a logo without spending any money. Consider the investment time frame.

Submitting an application to register a trademark and waiting for it to be processed can take many months.

Step 3: Register the trademark

If your trademark is registered with the United States Patent and Trademark Office, you have the legal right to use it throughout the country and bring legal action against anybody who infringes on it.

By registering your logo, you gain the legal standing to prevent the importation of foreign products bearing your mark.

For businesses and sectors plagued by knockoffs that use a logo design stolen from an established brand, this benefit is invaluable. Brands in the fashion or tech industries, for instance, might potentially restrict access to counterfeits of their goods.

If you’ve already trademarked your company’s logo in the United States, you can do the same thing in other nations.

Step 4: Keep an eye on your Logo Trademark Registration.

After a successful trademark registration, you may mistakenly believe that your job is finished.

To prevent any unauthorized use of your company’s emblem, it is imperative that you keep a trademark monitor constantly active. Expert lawyers are available to handle such persistent and laborious cases.

Their duty is to ensure that no one is copying your logo or filing for a trademark that is confusingly similar to yours. An attorney will typically issue a cease and desist letter if infringement is discovered.

The Final Word on Logo Trademark Registration

In a world full of opportunists looking to profit off of other people’s hard work, knowing how to trademark a logo is more important than ever.

A logo should be trademarked as soon as possible. The main drawback is that it is a very technical and difficult process, so almost anyone who wants to undertake it will need reliable legal representation.

Nevertheless, you must take the actions necessary to secure your company logo the best manner you can, even if it requires a little amount of sacrifice.

To protect your brand’s identity and valuable intellectual property. Remember that you need to have a truly original logo in order to trademark it before you apply for a trademark. Contact us for Logo trademark registration service and professional support/

Process for Trademark Registration in India

Complete Process for Trademark Registration in India

A trademark is an intellectual property that identifies products or services from another. It is a visual representation of a name, word, label, device, or numeric characters used by a business to differentiate its goods or services from similar ones. Once registered, a trademark is an untouchable asset for a business, safeguarding the company’s investment in the brand or idea. Tendered trademarks, deceptive, generic, offensive, similar, or protected emblems cannot be registered.

In India, trademarks are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 2016 and allow the trademark owner to sue for damages when contraventions occur. After registration, the symbol can be used by the owner for a fixed period of 10 years. However, registered trademarks approaching expiry can be renewed for an extended period of another 10 years.

The Different Types of Marks

Fanciful and Arbitrary– Fanciful and arbitrary words are the most powerful symbols. The mark itself doesn’t say anything about the product or service it’s linked to. A fanciful mark, on the other hand, is a completely made-up word, while an arbitrary made is a common word that doesn’t have anything to do with the goods or services it refers to. An arbitrary or fanciful brand is the best type. For example, Apple, the computer name, is an arbitrary patent. For instance, PEPSI is a fanciful brand.

Suggestive– Marks that are suggestive provide information about the commodity or service that they represent in a roundabout fashion. The trademark does not specifically define or allude to the product or service; rather, it simply makes oblique references to some of the qualities that are associated with the product or service. NETFLIX is a name that makes you think of something.

Descriptive– A descriptive mark is one that defines and makes direct reference to the product or service it represents. In accordance with the law, descriptive terms cannot be registered as trademarks. Alternatively, if the mark has acquired distinctiveness or a secondary meaning, it may be eligible for registration as a trademark. SUGARFREE is a descriptive trademark example because it alludes to a sugar substitute.

Generic– People often use the word “generic mark” to describe goods and services. One example of a general trademark is the word “PENCIL.” There is no reason to file a common word as a trademark under any circumstances. Still, after years of use, some brands have become well-known names. One example is the word “XEROX” which is now used for any kind of printing.

It is advised that you use a fanciful or arbitrary word to serve as your trademark. A descriptive mark can only provide limited legal protection when contrasted to a generic mark, which cannot be registered as a trademark under any circumstances.

Advantages Of  Trademark Registration in India

  • Trademark registration gives you the sole legal right to use your trademark in India and other commercially important nations.
  • It bans unauthorized third-party use of your registered brand name or emblem.
  • It protects your products or services from infringement.
  • Trademark registration is valid for 10 years and can be renewed for another 10 years.
  • The registered trademark owner has the option of transferring their registered trademark.
  • Priority shall be granted to the individual who files for trademark registration first.
  • Once the trademark registration procedure is completed, the customer and any third party will be aware that the items or services delivered under a registered trademark are the property of the trademark applicant.
  • Furthermore, registering a trademark grants the exclusive right to use, sell, and alter the brand or goods in any way.
  • It is crucial to register a trademark in India and other commercially important nations to protect your brand from third parties.

Required Documents for Trademark Registration in India

  1. A Power of Attorney allows you to appoint an attorney to file the trademark registration on your behalf.
  2. Information about the classes for which the trademark will be registered
  3. You desire to register a logo or brand name.
  4. A certificate of registration is required whether your firm is a start-up or an MSME. The government charge might be reduced by half.
  5. If you used a trademark in India before filing for registration, you may register the trademark from the date of first use. In that instance, you must produce an affidavit as well as documentation proof, such as invoices and registration certificates.

The Trademark Registration Process in India

Trademark Search:

A trademark search is required before trademark registration. Search to see whether another firm has registered the same or similar trademark. Internet trademark searches are possible. No matter how original your trademark is, you should look for it before registering it. A trademark search will also show you whether there are any confusingly similar marks.

Trademark Application Filing:

Submitting an application for trademark registration follows a trademark search. Form TM-A, which is used to apply for trademark registration, can be submitted digitally or manually.

Consider the following points before submitting your trademark registration application:

  • The applicant’s (your) information
  • The statement of use- the date since you have been using the mark or, in case you haven’t already used it, the date from which it is proposed.
  • The mark chosen to be registered
  • The list of goods or services which the mark will cover

Trademark Examination:

A trademark examiner will go through the application for any inconsistencies after it has been submitted. It might take two to four months from the application submission date to receive the examination report. The examiner has two possible grounds for raising an objection after reviewing the application:

  1. Relative grounds exist when a trademark in the Trademarks Register is confusingly similar to another trademark. The related grounds objection will be raised if the examiner finds that your mark is confusingly similar to an existing registered mark.
  2. Absolute grounds—when the mark lacks uniqueness or cannot identify one business’s goods or services from another. This frequently happens if you trademark a descriptive or generic word. If you use LOSE as a trademark for your weight-loss product, it will be denied since it is descriptive. As indicated, an arbitrary or fanciful trademark is preferable.

Your mark will be advertised in the Trademarks Journal if no objections are raised.

Response to the Examination Report:

You will have one month from the day you received the objections to respond to them. Your application will be considered abandoned if you do not respond within a month.

If you respond within a month and the Examiner accepts your submission, the mark will be advertised in the Trademarks Journal. If the Examiner has any additional concerns, you will be issued a show cause hearing. By providing the necessary documentation and documents to the Trademark Office’s Registrar of Trademarks/Hearing Officer, a trademark applicant may request a “show cause” hearing. A notice of hearing will be given 15 days before the scheduled hearing date. If persuaded, the Trademarks Hearing Officer/Registrar may submit the mark for publication in the Trademarks Journal. If the Trademark Registrar/Hearing Officer is not satisfied, he may abandon the mark.

Opposition to the registration of the mark:

The opposition period begins on the date the mark is advertised in the Trademarks Journal and ends four months later. The Registry requires that you use form TM-O to file your trademark objection. If the Registry determines that the criteria have been met, it will send you a notice. Within two months of receiving the notice of objection, you must file a counter-statement on Form TM-O.

After two months have passed without a response, the application will be considered abandoned. After that, both sides submit their respective evidence to the court.

The opposition must first file the evidence as an affidavit within two months of receiving the counter-statement. An alternative to filing an affidavit is for the opponent to just rely on the information provided in the notice. You have two months from the time you get the evidence or the waiver notification to submit it.

You may provide evidence in support of your counterclaim, or you may choose to rely only on the facts you presented there. Within one month after receiving your evidence or the notice of waiver, the opponent may submit additional evidence, if any.

After all relevant material has been submitted, the Registry will set a hearing date and notify the parties. After considering arguments from both sides, the Registrar will decide whether or not to register the trademark.

If no objection is submitted within this time frame, the mark will be registered.

Registration:

To complete the trademark application process, the Trade Mark Registry must now register the trademark and issue a digital copy of the registration certificate. The trademark registration will be effective as of the date of application and will last for a period of 10 years. Each decade, you’ll have the option to renew your registration. The TM-R form must be utilized for the renewal submission.

Time Period for Trademark Registration

There are several steps involved in applying for a trademark, so the process might be lengthy. The average time to register a trademark is between 18 and 24 months, assuming there is no resistance or other delays. After receiving the trademark certificate, the applicant will move quickly to finish the registration process.

The “R” marking indicates that the trademark holder is authorized to use the trademark in conjunction with the brand name or logo. The ministry does not send out hard copies of the certificate; rather, it may be accessed electronically by inputting the application number on the trademark website. If a Trademark attorney successfully completes the trademark registration process for you, you may start using the TM symbol in just a few short days. Get in touch with LegalRaasta to get your trademark processed quickly and simply.

How do we help trademark registration in India?

We offer comprehensive and affordable trademark registration services to help you establish your brand in India. Our team of experienced trademark attorneys will guide you through the entire process, from conducting a trademark search to filing your application and successfully navigating the government’s processing. Contact us for professional support and service related requirements.

Logo Trademark Registration

How to register trademark in India? – Trademark Registration in India

People who work in a competitive business world often tell a product apart by its brand name and other unique features. All of these things, from names and jingles to the way the packaging looks, make up what we call a brand. Protecting your business name has become even more important in this digital age. If you want to make sure that your goods and services are unique, you need to register your brand. This is true whether you are starting a new business, running an existing one, or going into business for yourself.

In today’s competitive market, we know how important it is to protect your brand’s personality and make sure that your goods and services stand out. That’s why we offer professional help with brand applications. Our team is here to help you through the complicated process of registering a brand, no matter if you’re a new business, an established one, or an entrepreneur on your own.

Who can apply to register a trademark?

Many different types of businesses and people can register a trademark, such as:

  • Individuals
  • People who own a business together
  • Firms owned by one person
  • Firms with up to ten partners that work together
  • LLPs stand for “limited liability partnerships.”
  • Company in India
  • Outside businesses
  • Trusts
  • Societies

This openness means that many different kinds of businesses and organizations can use trademark registration to protect their brand names.

Required Documents & Details for Online Trademark Registration:

To start the process of registering a brand online in India, you will need to give the following information:

  1. Applicant’s Name: This is the name of the person, business, or organization that wants to register a brand.
  2. Type of Business: Say what kind of business it is, like a sole proprietorship, a partnership, a private limited company, etc.
  3. Business Goals: Give a short outline of the goals or tasks of your business.
  4. Brand/Logo/phrase Name: Make it clear what name, logo, or phrase you want to copyright.
  5. Registration Address: Give the legal address of the business that wants to register the brand.

Online Trademark Registration Procedure in India

Step 1: Surf internet for a brand name that is “wacky-enough”

This is the quickest and best way for a new business to come up with a catchy, trendy, and interesting name. Choosing a unique brand name is smart since most uninteresting names are taken. You should also run a quick check to verify sure your brand name isn’t already used. You can mix general words with your own original words to make a unique brand name for yourself. This is the best part.

Step 2: Getting a trademark application ready

For online trademark filing, you must send in the following papers along with the application:

  1. Business Registration Proof: If you have a registered business (like a single proprietorship or other type), you need to show proof of who the owners are and where they live. If the business is owned by a single person, an ID card like a PAN card or an Aadhaar card could be shown. When it comes to businesses, on the other hand, they need to show proof of their location.
  2. A digital copy of the title. People in another country can use the suggested mark’s proof of claim (which is valid).
  3. The person applying must sign the power of attorney.

Step 3: Fill out the application to register the brand name

It is possible to file the trademark registration application (form TM-A) in two different ways: by hand or electronically. In India’s big towns like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai, you have to go to the Registrar Office of Trade Marks and hand over your application for registration in person if you choose “manual filing.” Once they send it, you have to wait at least 15 to 20 days to get the confirmation.

If you use an e-filing method, on the other hand, you will get your receipt of approval right away on the government website. As soon as you get your confirmation, you can put your TradeMark (TM) symbol next to your brand name!

Step 4: Look at the steps for applying for a brand name

The Registrar of Trademarks will verify that your brand name complies with the law and abides by specific regulations once the application has been transmitted. Additionally, the brand must be distinct from any other names that are currently undergoing registration or are identical to it. This is why we thought you should pick a funny brand name!

Step 5: Get your name shown in the Indian Trade Mark Journals.

The Registrar of Trademark will put your brand name in the Indian trademark record after the testing process is over. No one should be able to object to this part of the trademark registration for 4 months after it was published. It is the most important part of the registration process. In the event that there is no resistance, the Registrar of Trademark will issue the Trademark Registration Certificate.

Step 6: Fighting the trademark

A third party must file an opposition within 4 months of the trademark being published in the trademarks journal. If they do, the Registrar of Trademarks will give you a copy of the opposition notice. You have two months from the date you receive the opposition notice to file a counter-statement in response to it. If you don’t send the reply statement within two months, the trademark application will be seen as abandoned and turned down.

But if no one objects within 4 months, you won’t have to do this step. Your brand name is already on its way to being accepted for the Trademark Registration Certificate.

Step 7: Hearing on Opposition to a Trademark

If there is no resistance to your name, you will not need to take this step.

A third party can object to the registration of your trademark. If you send your counter-statement within two months, the Registrar of Trademarks will send a copy of your counter-statement to the third party who is objecting to brand registration.

For your case to be supported, both you and the third party must give evidence. After the evidence is turned in, the Registrar will give you and the third party a chance to be heard. After hearing both sides and looking at the evidence, the Registrar will decide whether to accept or reject the patent application. The Registrar of Trademarks will process your application for registration if he agrees to it.

Step 8: Getting the brand registration certificate

If no one objects within 4 months, the Registrar will accept your trademark application. If someone objects, the Registrar will also accept your application after a trademark objection meeting. Wow! The best part will come when the Registrar gives you the Registration Certificate with the Trademark Registry seal.

As soon as you get your certificate, you can put the registered trademark symbol (®) next to your brand name.

Frequently asked questions

Can an Indian trademark be protected internationally?

National trademark registration with the Registrar of Trademarks does not confer international protection. Applying for Madrid Protocol trademark registration allows international trademark registration. 

As a Madrid Protocol member, India allows worldwide trademark registration with a single application to the Registrar of Trademark Office.   

What happens without trademark registration? 

A trademark’s registration is optional and not essential to authenticate it. A trademark can be used unregistered. The major drawback of not registering your trademark is losing infringement protection. 

Thus, you cannot stop another business owner from utilizing your trademark for their goods or services. After trademark registration, you can sue for trademark infringement and stop others from using your brand for products and services. 

What is the class of a trademark?

Classes of products and services are listed by the trademark register. Sign up separately for each class. Trademark registration covers 45 goods and services classifications. The trademark applicant must specify the goods or services it will represent in one or more classifications. 

That product or service class receives trademark registration. Thus, if someone uses your trademark for a distinct class of products or services, it is not infringement.  

What if the Registrar of Trademarks rejects my trademark application?

Registrar of Trademarks reviews trademark applications. The registrar may reject the application if it detects legal or trademark violations. The applicant can file a legal trademark registration application that is not comparable to others.

What is the reason a brand filing application is turned down?

Any trademark registration application that is confusingly similar to an existing mark, uses common terms or phrases, or is offensive to a religion may be refused. If it casts doubt on the product’s provenance, manufacturer, quality, ingredients, etc., they will reject it.

How to search for trademarks?

Public trademark searches are available on IP India. Enter the trademark wordmark, class, and product description and click ‘Search’. Similar or identical trademarks will be shown on screen. Thus, you may check for comparable trademarks and alter your logo or sign if needed.

How long does trademark registration in India take? 

On average, trademark registration takes 18-24 months. If the application fails, it may take longer. Contact us for Trademark Registration Service Support from authorized firms in India

How often do you need to renew a trademark registration in India?

Trademark owners must renew their registrations in their 9th year.. A trademark registration is valid for ten years, however renewal must begin one year before expiration. The Registrar will remove a trademark from the Register of Trademarks if it is not renewed before it expires. After removal, you can restore the trademark in the prescribed form.

 

Difference Between Brand and Trademark

What is the Difference Between Brand and Trademark?

What is a Brand?

A brand is how the public perceives your company and reputation. Customers perceive your business image as a reflection of quality that develops over time. Your company’s image, or what the public perceives and believes about it, is your brand. Identity, image, personality, character, culture, essence, and reputation are just a few of the characteristics it includes. When combined, these factors establish a brand’s worth in the industry.

Main Features of a Brand

Here are a few essential components of a brand:

  • Identity: A brand gives a business or product a unique identity. It has components that help set it apart from rivals, like the brand name, logo, colors, typography, and visual elements.
  • Reputation: In the eyes of consumers, a brand is a company’s image and reputation. It includes the perceived level of excellence, reliability, and credibility attached to the brand.
  • Differentiation: By emphasizing features, benefits, and unique selling propositions, brands set themselves apart from rivals. They explain to customers what makes them unique and why they ought to pick them.
  • Consistency: Across a range of touchpoints, brand consistency guarantees that all brand aspects and messaging are consistent. It fosters familiarity, trust, and recognition among customers.
  • Brand Experience: At every point of contact, brands want to give their customers an enjoyable and unforgettable experience. This covers elements like customer support, packaging, user interface, and the total consumer experience.

What is a Trademark?

Conversely, a trademark offers legal protection for all the distinctive and company-specific elements of your brand. Specific words and phrases, including slogans, that are an essential component of your business’s brand are referred to as trademarks. Trade dress refers to a distinct set of elements that are used to identify you, such as logos, certain color combinations, shapes, and design layouts, or any other aspect of your brand that you feel is important to keep private since it makes you stand out from the competition.

Trademark Registration in India

A trademark is a symbol, brand, or emblem that sets one corporation or business apart from another. Put differently, it is a useful instrument that offers branding and protection to the goods and services it is connected to. 

Registering a trademark entails registering a mark that consists of a letter, number, word, phrase, graphic, and sound mark that is applied or has already been applied to a business or individual’s goods and services. The registration of a trademark offers defense against infringement in court. The exclusive right to use, lease, or resale the trademark is another benefit of trademark registration for the owner.

Main Features of a Trademark

These are some essential characteristics of a trademark:

  • Distinctiveness: A trademark needs to be different from other trademarks in the market in order to be considered distinctive. This makes it easier for customers to recognize and distinguish the products or services linked to the trademark.
  • Legal Protection: Intellectual property assets such as trademarks are protected by law. By registering a mark, you give the owner exclusive rights and stop other people from using it in a way that could confuse customers.
  • Finding the Source: Trademarks are used to identify the origin or source of products or services. They make it possible for customers to recognize and connect particular goods or services to a specific business or brand.
  • Brand Building and Recognition: Trademarks help establish and strengthen brands. They aid in leaving a lasting impression on customers and forging a link between the mark and the characteristic or qualities connected to the brand.
  • Consumer Trust: Customers are reassured and given confidence by trademarks. They serve as an indicator that the products or services that display the mark adhere to strict quality, consistency, and reliability criteria.
  • Exclusive Rights: The owner of a registered trademark has the sole right to use the mark in connection with the specified products or services. By doing this, the owner is able to prevent third parties from utilizing their mark in a way that can lead to misunderstanding among customers.

Different Importance of Trademark vs. Brand

A trademark, which is granted legal protection by the Trademark and Patent Office, is distinct from a brand, which is a long-standing corporate image and a reputation for excellence in the eyes of consumers.

While a brand serves the purpose of establishing recognition for a particular company and its offerings, a trademark prevents rivals from copying that image or developing identities that are significantly similar in order to sow confusion in the marketplace. Brands are composed of various components. These consist of:

  1. Identity
  2. Image
  3. Personality
  4. Character
  5. Culture
  6. Essence
  7. Reputation

Upon consideration of these components collectively, the market value of a brand is established. Others may utilize a non-registered or trademarked brand without apprehension of repercussions. Utilizing a registered brand incurs significant penalties for unauthorized usage.

The brand name is the manner in which an organization elects to be recognized. Trademarks, which are also referred to as service marks, are legally significant symbols that signify a brand, typically an organization and its products and services. While the trademark safeguards particular facets of the brand, the brand itself is what the general public uses to identify the company. These may consist of the following, but are not restricted to:

  1. The brand name
  2. Unique labeling
  3. Signatures
  4. Words
  5. Symbols
  6. Packaging
  7. Color schemes
  8. Sounds or sensory experiences
  9. Movements

The key is that the protected devices must be uniquely identified with the business brand. This is why trademarks are most commonly associated with brand names.

The Three Types of Branding

What are the three types of branding? Think of the different things or people that could gain a reputation. These might be:

  1. A corporation or company brand
  2. A product brand
  3. A personal brand

Many companies may have all three of these brand types, so we want to make sure we understand each of them.

Company Branding

A corporation or business may have its own identity. Assert that. It is imperative that a corporation or company establish its own identity. Any business has a reputation, whether positive or negative. The crux lies in cultivating a favorable reputation and disseminating information about it to the greatest number of individuals possible.

In consideration of the following corporations, what type of reputation immediately springs to your attention?

It is no accident that these businesses and organizations have earned their reputations. They are intentional and the product of astute branding.

Additionally, even institutions such as the Navy possess a brand.

Your organization must have a distinct brand and reputation that it wishes to project to the globe. The reinforcement of this identity can be achieved via the content you produce.

Product Branding

Even within the same organization, distinct products might possess their own brand.

Although McDonald’s has a brand, the Big Mac and McRib each have their own favorable or unfavorable reputations. Although Ford is an automobile manufacturer with a single brand, the Mustang will have an entirely different reputation.

Thus, Ford enthusiasts favor the Mustang less than the Mustang, and conversely. You may market a variety of products and services within your organization via content. Which brand are these products under? How is their reputation regarded? What are the potential benefits for the entire organization if certain products were to establish their own brands, which are connected to but distinct from the overarching company brand?

Personal Branding

One to a significant number of individuals within an organization or company may also possess personal identities.

Apple and Steve Jobs come to mind. Each of the two distinct yet related brands had its own set of adherents and admirers.

Analogously, a subordinate member of your organization might possess an independent brand besides the CEO or a leader. How can your content assist in enhancing the reputation of that personal brand?

Conclusion

A trademark protects a company, its products, and services from infringement by a competitor who attempts to create a substantially similar identity to the brand in order to sow confusion in the marketplace. Others may utilize a non-registered or trademarked brand without apprehension of repercussions. Utilizing a registered brand incurs significant penalties for unauthorized usage. Get in touch with our staff to receive prompt assistance on the trademark and brand registration service in India.

International Trademark Registration

International Trademark Registration in India – Guideline and Process

Trademarks are one of the finest ways to increase brand recognition. Trademark registration enables the legitimate use of a specific logo or symbol to identify a company or a particular product. The Ministry of Trademarks must receive a trademark application before the trademark can be registered. Having a trademark protects your brand and gives you the power to stop others from using identical designs to profit from your business. A trademark has several benefits, including a distinctive identity, the development of goodwill, the popularization of your brand, global recognition, etc.

The following are the top recommendations for submitting a complete international trademark registration in India:

Benefits of International Trademark Registration in India

Legal Defense

International trademark registration offers legal defense against trademark infringement on a global scale. When a trademark is registered abroad, it provides protection against unauthorized use by third parties. When a trademark is registered, proving legal ownership in court is simple.

Business Possibility

A trademark is an intangible asset of a business and has a significant influence on how the brand develops. A successful trademark gives the business the chance to make money. The owner of a trademark who has obtained international registration may also give a license to a foreign organization. International trademark registration helps a brand or product succeed in this way.

Distinct identity

Global product recognition is ensured by international trademark registration. By ensuring that trademark owners have an exclusive right to one of their most valuable assets, international trademark registration aids in the fight against infringement.

Advantageous for online operators

The foreign trademark registration procedure has a considerable impact on the expansion of an e-commerce business. When a business sells products online, it makes the product available to customers all over the world. Once the product has gained widespread recognition on the global market, it is straightforward for the trademark to win over a sizable consumer base. It is preferable to obtain worldwide trademark registration in order to avoid buyer confusion regarding such products.

During export or import, protects brand

The worldwide trademark registration protects the branded products from third parties infringing upon their trademarks abroad. As the trademark becomes more well-known internationally, it becomes more possible that it will be stolen or will be utilized fraudulently by other parties to draw customers. The international trademark registration safeguards the trademark associated with a good or service and gives the right to take legal action against any such infringement committed during import or export.

Process of International Trademark Registration in India

Through the applicant’s trademark office, also known as the office of origin, the trademark applicant must file an application for international trademark registration under the Madrid Protocol. The Office of Registrar of Trademarks, India, is the office of origin for Indian businesses. The office of origin will handle the trademark application before sending it to the Intellectual Property Organization in Geneva.

If the trademark application is accepted, the mark is published in the WIPO Gazette of International Marks and added to the International Register. Following that, the International Bureau issues a certificate of international registration and notifies each Madrid Protocol signatory nation for whom the trademark applicant has requested protection. Each national trademark office has the power to reject the mark’s protection by notifying the International Bureau within the time frames specified in the Madrid Protocol. According to the Madrid Protocol, the designated offices must file complaints within a given 12- or 18-month window. The International Bureau must receive any opposition to the trademark’s registration using the designated forms. If there are no refusals from any of the nations, the mark will be protected in each as if it had been registered by the office of that country. According to the Madrid Protocol, a global trademark is legitimate for 10 years following registration. International trademark registrations may be renewed at the end of the ten-year period directly through WIPO or through the pertinent office of origin.

Guidelines For International Trademark Registration In India

To register a trademark internationally in India, need these recommendations:

  • Once your business or company has been set up, you may start the registration procedure for a symbol or logo that will represent your products or services.
  • A trademark search should definitely be done before you submit a formal application. Any trademark law expert is available to you for advice.
  • Pick a dependable trademark: Select a challenging to copy logo or symbol. Several seasoned legal service providers can assist with choosing a distinctive trademark after analyzing the trademark registration.
  • Descriptive: Choose a logo or symbol that accurately represents the nature of your products or services. Typically, an informative logo is recommended.
  • Verify that your trademark is genuine and does not contravene any trademark regulations. Make sure it is not a well-known brand or logo and that it is not currently in use and registered by someone else.
  • Avoid using a trademark that is the same as or strikingly similar to one belonging to another company. Future legal issues can be prevented in this way.
  • Keep the appearance of your brand appealing and distinctive. When you want to finalize a logo for your business, it’s typically a good idea to hire a professional logo designer.
  • When submitting a trademark application, be sure to include examples of how you have used the trademark. You may send in a banner or advertisement that already features the logo.
  • Additionally, send a floppy copy of the trademark. The choice to submit several trademark applications for your various items is also available to you.
  • After submitting your application, go to the trademark registry’s official website to monitor its status.

Conclusion

A trademark is a designation that you use to identify your business or your goods. Typically, it consists of an alphabet, number, pattern, symbol, or some combination of these. Despite not being required, trademark registration can be very advantageous to the business. It aids in obtaining the respect and trust of clients. If you want to submit a trademark application for your company, Kompanyservices can provide you with the best legal assistance you require.

GST Registration for Partnership

Trademark Goods and Services Class Codes

Trademark Goods and Services Class Codes

Trademark is a sign, symbol or mark used to distinguish between the goods sold by two or more builders. Once registered the registration gives the owner the right to guard their trademark. The production of goods and services are grouped into different classes. Each class requires a diverse registration. This is a classification of almost 80,000 products and services.

Following the are the classes of trademark:

  • Classes for Goods
  • Classes for Services

Any Additional details can be checked on this link delivered by the government- http://euipo.europa.eu/ec2/.

Classes for Goods

S. No Class Description
1. Class 1 Chemicals that are used in industry, photography, forestry, unprocessed artificial resins, Tanning, and adhesive substances, etc.
2. Class 2 Paintings, coals & pigmentation, lacquers, mordants, printing, and art, etc.
3 Class 3 Cleaning products, cosmetics, bleach and abrasives, laundry products, essential oils, etc.
4. Class 4 Fuels, industrial oil, greases, illuminates, wetting and binding compositions, fuels, wicks, etc
5. Class 5 Pharmaceuticals, veterinary products, dietetic, dental wax, disinfectants, herbicides, fungicides etc.
6. Class 6 Metal castings, hardware, locks and safes, common metal and their alloys, building material (metal), other metals are not included in any other class, etc.
7. Class 7 Machine and machine parts (except for land vehicles), incubators for eggs, etc.
8. Class 8 Implements and hand tools, cutlery and razors, etc
9. Class 9 Cash registers, calculating machines, and data processing equipment, teaching apparatus, magnetic data carriers, etc
10. Class 10 Surgical, medical and dental apparatus, artificial limbs, eyes teeth, etc.
11. Class 11 Apparatus for heating, lighting, steam generating, cooking, refrigerating, drying, etc.
12. Class 12 Apparatus for locomotion by land, water, and air.
13. Class 13 Ammunition, firearms, explosives, fireworks, etc.
14. Class 14 Precious metal and their alloys, products in precious metals, jewelry, etc.
15. Class 15 Musical instruments etc.
16. Class 16 Cardboard, paper, and goods made from these materials, print matter, bookbinding, paintbrushes, playing cards, printing blocks, etc.
17. Class 17 Rubber, gum, asbestos, mica, and goods made from these materials and not included in other classes.
18. Class 18 Leather and imitations of leather, and articles which are made from these items and not included in other classes, animal skins, and hides, etc.
19. Class 19 Non–metallic rigid pipes for buildings, asphalt, pitch, and bitumen, etc.
20. Class 20 Picture frames, mirrors, Furniture of wood, cork, reed, cane and not included in any other category.
21. Class 21 Household and kitchen utensils, brush making material, articles for cleaning purposes, etc
22. Class 22 Nets, ropes, strings, sails, sacks and bags, and fibrous textile materials, etc.
23. Class 23 Yams and threads for textile use.
24. Class 24 Textile and textile goods which are not included in the other classes.
25. Class 25 Clothing, footwear, and headgear.
26. Class 26 and 27 Non-textile carpet, rugs, wall hangings, linoleum, and other materials which are used for covering floors.
27. Class 28 Game and playthings, and other sporting items which are not covered under any other class. Christmas decorations.
28. Class 29 Poultry items, jams, eggs, etc oils, and edible oils.
29. Class 30 Coffee, tea, sugar, cocoa, rice, tapioca, spices etc.
30. Class 31 Horticulture, agriculture and forestry grains which are not included in any other class. Fresh fruits and vegetables, seeds, malt, etc.
31. Class 32 Aerated drinks, beer, non-alcoholic drinks (including juices and fruits drinks) and other things which are used for preparing beverages.
32. Class 33 All alcoholic beverages (excluding beer)
33. Class 34 matches, smoker’s articles, tobacco

 

Classes for Services

S. No Classes Description
1. Class 35 Advertising and Business In this class, services which help the management in managing the affairs, the organization (commercial organization) are included. Any advertising activity in which an announcement is made to the general public at large or concerns any type of goods and services are included.
2. Class 36 Insurance and Financial In this class, activities relating to insurance, finance sector or the monetary sector are included.
3. class 37 Construction and Repair In this class, the work done by contractors, subcontractors, in the making or repairing work of buildings, or any restoration of work to its original state is included.
4. Class 38 Communication In this class, services that help in communicating anything between people is covered, whether oral or visual.
5. Class 39 Transportation and storage In this class, any service related to storage of goods in a warehouse or any other place or transporting them from one place to another is included. The transportation can be via land, air or water.
6. Class 40 Material treatment In this class, any service which involves changing a chemical or the mechanical composition of a substance is included. Or any other service not included in any other class on the same lines.
7. Class 41 Education and Entertainment In this class, any service which improves the knowledge or mental capacity of a person or animal is included. It also includes services that entertain people or animals.
8. Class 42 Any scientific and technological services or research or any development of any computer hardware or software or any legal services. It particularly includes the services provided by an engineer (designing, making blueprints, etc) or any research for medical services. But it does not include any services under business research covered under class 35, or any service under the class 36, 37, 44.
9. Class 43 Temporary Accommodations Any service provided by a person or establishment which included the preparation of food or drinks for consumption services, or providing a bed for stay is covered under this class. It includes the services for reservation or a place of stay provided for animals. It specifically does not include any service covered under the classes 36, 39, 40, 41 and 44.
10. Class 44 Medical Services This class covers the services related to hygiene, medical services, first aid, beauty parlor services to human beings or animals. It also includes the services which are related to the field of horticulture or agriculture but does not include the services which are already covered under classes 37, 39, 40, 41,42,43. It particularly includes the services of breeding of animals, services relating to plant growth, medical advice, services relating to artificial insemination.
11. Class 45 Any personal or social service is covered under this class. It includes surveillance of people for the protection of their interests, safety and well being. It includes social projects like matrimony services, funeral services, etc. It does not include any services which are already covered under the classes 35, 36, 39, 41, 42, 44 or any car rental services.