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A trademark is a form of intellectual property which consists of any word, symbol, sign, design, phrase or combination of these which identifies and differentiates the product or services. We also can say that the word trademark includes “Trademark” and “Service Mark”. The trademarks in India are regulated under the Trade Marks Act, 1999 (‘Act’) and Trade Mark Rules, 2017 (‘Rules’). Trademark owner can be individual, organization or a legal entity.
Trademark Registration is not mandatory in India, it is voluntary under the Act and are denoted by the symbol ® if trademark is registered and symbol ™ if the mark is being claimed. As a consultant we advise you to file the registration of trademark before starting any business. It helps to create brand and unique identity.
BRAND REPUTATION
Trademark registration provides brand reputation of the product and services. It helps to make a unique identity in the consumer mind.
Legal Protection
Trademark registration provides legal protection to the brand and gives right to the owner who has sole right to use that logo/word of the trademark.
Business Expansion
Trademark registration provides an opportunity to expand a business. It helps to retain loyal customers and protect the goodwill of your business.
Financial Benefits
Trademark Registration provide many financial benefits to business in the form of increased profits, loyalty and enhance the growth of the business.
Build Trust
Trademark Registration builds trust in the mind of the customers and assures them that the goods or services of a business are unique in the market.
Individual
Joint Owners
Proprietorship Firm
Partnership Firm
Limited Liability Partnership
Private Limited or Public Limited Company
Foreign Company
Trust or Society or Section 8 Company
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The mark which would be likely to deceive or create confusion.
2
A mark containing indecent matter.
3
A mark containing any matter which is likely to hurt religious propensity of any class or others.
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A mark which is prohibited to be protected in the court of law.
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A mark which is identical or similar to a trademark which is already registered in respect of the same product or service.
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A mark prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
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A mark comprises any scandalous or obscene.
Any Name
Invented Word
Number
Letters
Device
Slogans
Signatures
3D Mark
Combination of Colors
Shapes
Sound
Smell Mark
Pattern Mark
Label
Ticket
Packaging
Word Marks
The word marks is the simplest form of trademark which consist of words, symbol, letter or numbers.
Device Marks
Device marks are in the form of symbol, image or logo which is applied keeping in mind the distinctive characteristics of the same.
Shape Marks
The shape mark protects the unique shape of a product.
Sound Marks
Sound marks protect distinctive sound associated with the brand.
Three Dimension
The Three Dimensional mark protects three-dimensional shape of a product or its package/container to achieve distinction in the concerned jurisdictional marketplace.
Color
If a particular color has become a distinctive feature indicating the goods of a specific trader, it can be registered as a trademark. For example: Red Wine.
There are 45 trademark classes, according to which goods and services are being classified. The form allows you to register your trademark in more than one class. The Trademark Class 1 to Trademark Class 34 signifies a specific category of goods and Trademark Class 35 to Trademark Class 45 signifies a specific category of services. We’re showcasing all the trademark classes below for your reference and support. Now you can check and identify your suitable class yourself.
MANUFACTURING (34 Classes)
Chemical industry, science, photography, agriculture, horticulture, and forestry; unprocessed plastics; chemical substances for preserving foodstuffs;
Preservatives against rust, paints, and varnishes; Preservatives used to prevent deterioration of wood, foil, and powder from metals, colorants, painters, artists, and decorators.
Substances for laundry use, bleaching preparations; cleaning; polishing; essential oils, cosmetics, soaps; perfumery, abrasive preparations; hair lotions;
Industrial oils and greases; candles, wicks; lubricants; fuels and illuminants, dust absorbing, wetting and binding compositions.
Pharmaceutical, fungicides, herbicides; veterinary and sanitary preparations; food for babies; disinfectants; dietetic
Common metals, alloys; small metal hardware products, building materials made of metal. Metal pipes and other goods which are not a part of other classes.
Machines and machine tools; machine coupling and transmission equipment; agricultural implements except those operated by hand; incubators for eggs
Manual hand tools and implements; side arms; razors; cutlery
Scientific, measuring, apparatus for recording, electric, photographic, data processing equipment and computers; transmission or reproduction of sound or visuals.
Dental and veterinary products; surgical, artificial limbs; medical, eyes and teeth; suture materials; orthopedic articles.
Apparatus for lighting, cooking, refrigerating, heating, steam generating, water supply and sanitary purposes; drying and ventilating.
Vehicles; products for movement by water, land, or air.
Firearms; explosives; fireworks; ammunition and projectiles
Precious metals, their alloys and products made from them; precious stones; jewelry; chronometric instruments and horological
Instruments used to make music.
Printed matter; stationery; Paper, cardboard, and goods made from these materials; brushes; plastic materials for packaging; typewriters and office requisites;
Insulating materials; flexible pipes; rubber, asbestos, plastics in extruded form for use in manufacture; mica and goods made from these materials; packing, stopping
Umbrellas, parasols and walking sticks; leather and imitations of leather; animal skins, hides, trunks and traveling bags; whips, saddlery; harness
Building materials, (non-metallic), non-metallic transportable buildings; non-metallic rigid pipes for building; asphalt, pitch, and bitumen; monuments.
Furniture, mirrors, picture frames; ivory, whalebone, shell, amber; goods of wood, cork, bone, mother-of-pearl, reed, cane, wicker, horn.
Kitchen utensils; unworked or semi-worked glass; combs and sponges; articles for cleaning purposes; earthenware and glassware
Awnings, tarpaulins, sails, sacks, ropes, string, nets, tents, raw fibrous textile materials; padding and stuffing materials(except of rubber or plastics)
Yarns and threads
Bed and table covers; Textiles
Clothing, headgear, footwear
Ribbons and braid; Lace and embroidery, buttons, artificial flowers; hooks and eyes, pins and needles
Carpets, rugs, wall hangings(non-textile); mats and matting, linoleum
Gymnastic and sporting articles; games and playthings; decorations for Christmas trees
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, edible oils and fats; fruit sauces; eggs, milk and milk products
Coffee, tea, cocoa, sugar, rice, tapioca, mustard; vinegar; spices; ice sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt
Agricultural, horticultural, and forestry products and grains; foodstuffs for animals, malt; live animals; fresh fruits and vegetables; seeds, natural plants and flowers
Beers, mineral and aerated waters, non-alcoholic drinks; syrup; fruit drinks and fruit juices
Alcoholic beverages(except beers)
Tobacco, smokers' articles, matches
SERVICES (11 Classes)
Advertising, business administration, business management, office functions.
Insurance, financial affairs; monetary affairs; real estate affairs.
Building construction; installation services; repair
Tele communications.
Transport; travel arrangement; packaging and storage of goods.
Treatment of materials.
Education; entertainment; sporting and cultural activities; providing of training
Scientific, design, and technological services; industrial analysis and research services; computer hardware development.
Temporary accommodation; services for food and drink
Medical services, horticulture, and forestry services; veterinary services, hygienic and beauty care; agriculture.
Security services for the protection of property; personal and social services rendered by others.
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Government Fees
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Timeline
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Validity
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Documents Required
If the applicant is entity, then
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Stepwise Process