Trademark Registration

Protect your brand, slogan or logo. Begin now and use the trademark symbol beside your name in three working days.

What is a Trademark?

A trademark is a symbol or word that characterizes your product or service and distinguishes it from other products or services on the market. It makes your customers recognize your product or service.

You probably know of many trademarks that you buy products from just because you recognize them.

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Why trademark registration is required?

  • 1. User become the legal owner of registered trademark and no another person has the rights to use your registered trademark without your prior permission.
  • 2. Best quality of trademark registration is that it help user to establish a unique identity of user company.
  • 3. Registered trademark can act as an asset as owner of that trademark can easily sell,franchise or allow it on the contract basis to another party occupational Health & Safety management(OHSAS 18001:2007).
  • 4. Registered trademark is easily searchable as it available in government trademark database.It also helps user to get popular among people which are a great sign for user company.
  • In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
  • The trademark can be a valuable asset in case your brand creates a name and succeeds. It can be commercially contracted, sold and franchised.
  • A trademark which is registered and filed in India can also be filed in other countries outside India. Likewise, foreigners can also get a trademark registered in India.

Types of Trademark

It is important to think about how your company should be represented to be perceived the way you would like: with a word, a figure or a sound? Read more about the different types of trademarks here.

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  • Word Mark

A word mark consists of one or more words, for example Japp or Marco Polo. It can also be combinations of numbers or letters, like GSTAPPLYINDIA+91.The word mark is always registered in a standard font. This means that if you want to protect a word in a specific font, you have to apply for a figurative mark.

  • Figurative Mark/Logo Type

Figurative marks are the trademarks that consists of just a figure or a figure combined with one or more words. Words in a specific font are also considered figurative. Figurative marks can be registered in black and white or in colour.

  • Three Dimensional Mark

If the product itself or the product's packaging have a special shape, for example a perfume bottle or a liqueur bottle, you may be able to register it as a three-dimensional mark. The shape has to be significantly different from what is known on the market for a three-dimensional mark to be registered.

  • Sound Mark

A sound can be a trademark and can therefore also be registered. A sound mark is a sound or a melody with a distinct recognition effect. A well-known sound mark is the melody owned by Hemglass. When applying for a sound mark the mark can be represented by a sound file or by an exact description of the sound in notation.

  • Motion Mark

A mark where parts of the trademark are shifting, changing or moving. One example of a motion mark is an animated logotype. When applying for a motion mark the mark can be represented either by a video file or a series of still images that show the motion.

  • Multimedia Mark

A mark that consists of a combination of sound and picture. The mark can be represented by an audio-visual file that shows the combination of sound and picture.

  • Hologram Mark

A mark where a three-dimensional picture is shown using holographic technique, for example a rotating logotype. When applying for a hologram mark the mark can be represented by a video file or a series of still images that show the variation of the hologram and the holographic effects.

  • Position Mark

A position mark consists of a specific placement of a trademark on a product. A position mark can be represented by an image that shows how the mark is positioned and what size and proportion it has compared to the product it is placed on. The parts that are not included in the exclusive right should be separated from the trademark in the representation, for example by dashed or unbroken lines.

  • Pattern Mark

A continuous pattern can be protected as a pattern mark. It can be represented by an image that shows the pattern and how it is repeated. The applicant can also attach a description of how the pattern is repeated, along with the representation.

Trademark Class

An Application to register a Trade Mark must specify the goods and services on which the Mark is used or proposed to be used. All goods and services fall into 45 categories or classes.

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    Trademark act, 1999, rule 2002.

    The fourth schedule classification of goods name of the classes

    (Parts of an article or apparatus are, in general, classified with the actual article or apparatus . except where such parts constitute articles included in other classes)

    Class - 1:
    Chemical product used in industry, Science, Photography, Agriculture, Horticulture, Forestry, Manures (Natural and Artificial), fore extinguishing compositions, tampering substances and chemical preparations for soldering, chemical substances for preserving food stuffs, tanning substances adhesive substances used in industry.

    Class - 2:
    Paints, Varnishes, Lacquers, preservatives against rust and against deterioration of wood, colouring matters dyestuffs, mordants, resins, metals in foil and powder form for painters and decorators.

    Class - 3:
    Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, soap nut powder.

    Class - 4:
    Industries oils and greases (other than edible oils and facts and essential oils), lubricants, dust , laying and absorbing compositions, fuels, (including motor spirit ) and illuminants, candles, tapers , night lights and wicks.

    Class - 5:
    Pharmaceutical, veterinary, and sanitary substances, infants and invalid foods, plasters, materials for bandaging, materials for stopping teeth, dental wax, disinfectants, preparations for killing weeds and destroying vermin, pesticides.

    Class - 6:
    Unwrought and partly wrought common metals and their alloys anchors anvils, bells rolled and cast building materials, rails and other metallic materials for railway track, chains (except driving chains for vehicles, cables and wires (non- electric), locksmiths work, metallic pipes and tubes safes and cash boxes, steel balls, horse shoes, nails and screws, other goods in non-precious metal not included in other classes, ores.

    Class - 7:
    Machines and machine tools, motors (except for vehicles), machine coupling and belting (except for vehicles) large size agricultural implements incubators.

    Class - 8:
    Hand tools and instruments, cutlery, forks and spoons, side arms.

    Class - 9:
    Scientific, nautical, surveying and electrical apparatus and instruments (including, wireless), Photographic, cinematographic, optical, weighing, measuring, signaling, checking (super vision) lifesaving and teaching apparatus and instruments, coil or counter freed apparatus, talking machines, cash registers, calculating machines, fire – extinguishing apparatus.

    Class - 10:
    Surgical medical, dental and veterinary instruments and apparatus including artificial limbs, eyes and teeth)

    Class - 11:
    Installations for lighting, heating, steam generating cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

    Class - 12:
    Vehicles, apparatus for locomotion by land, air or water.

    Class - 13:
    Firearms, ammunition and projectiles, explosive substances, fire-works.

    Class - 14:
    Precious metals and their alloys and goods in precious metals or coated their with (except cutlery, forks and spoons) jewelry, precious stones, horological and other chronometric instruments.

    Class - 15:
    Musical instruments (other than talking machines and wireless apparatus.

    Class - 16:
    Paper and paper articles, cardboards, and cardboard articles printed matter, newspapers and periodicals, books and book binding materials, articles Photographs stationery, adhesive materials(stationery) artists materials, paint brushes, type writers and office requisites, (other than furniture), instructional and teaching material(other than apparatus) playing cards (printers)type and clitches(stereotype)

    Class - 17:
    Gutta percha, India rubber, balata and substitutes articles made from, these substances and not included in other classes, material for packing. Stopping or insulating, asbestos, mica and their products, hose pipes (non-metallic.,) plastics in the form of sheets, blocks , rods and tubes being for use in manufactures.

    Class - 18:
    Leather and imitations of leather and articles made form these materials and not included in other classes, skins, hides, trunks and traveling bags, umbrella, parasols and walking sticks, whips, harness and saddlery.

    Class - 19:
    Building materials, natural and artificial stone cement, lime, mortar, plaster and gravel pipes of earthen ware of cement, road making materials, asphalt, pitch and bitumen, portable buildings, stone monuments, chimney pots.

    Class - 20:
    Furniture, mirrors, picture frames, articles (not included in other classes) of wood, cork, reeds, cane mother-of-pearl, meerschaum, celluloid and substitutes for all these materials.

    Class - 21:
    Small domestic utensils and containers (not of precious metal nor coated therewith, combs and sponges, brushes (other than paint brushes), brush –making materials, instruments and material for cleaning purposes steel-wool, glassware, porcelain and earthenware not included in other classes.

    Class - 22:
    Ropes, strings, nets, tents, awning, tarpaulins, sails, sacks, padding and stuffing materials (hair, capo, feather, seaweed etc) raw fibrous textile materials.

    Class - 23:
    Yarns , threads.

    Class - 24:
    Tissues(piece goods) bed and table-covers, textile articles not included in other classes.

    Class - 25:
    Clothing including boots, shoes and slippers.

    Class - 26:
    Lace and embroidery, ribbons and braid, buttons, press buttons , hooks and eyes, pins and needles, artificial flowers.

    Class - 27:
    Carpets, rugs, mats and matting, linoleums and other materials for covering floors, wall hanging (non textiles.)

    Class - 28:
    Games and plaything , gymnastic and sporting articles(except clothing), ornaments and decorations for Christmas trees.

    Class - 29:
    Meat, Fish poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, eggs , milk and other dairy products, edible oils and fats , preserves, pickles.

    Class - 30:
    Coffee, Tea , Cocoa, Sugar, Rice, Tapioca, Sago, Coffee Substitutes, Flour And Preparations Made From Cereals, Bread, Biscuits, Cakes, Pastry And Confectionery, Ices, Honey, Treacle, Yeast, Baking Powder, Salt, Mustard, Pepper, Vinegar, Sauce, Spices, Ice, Tamarind.

    Class - 31:
    Agricultural, Horticultural and forestry products and grains not included in other classes, living animals, fresh fruits and vegetables, seeds, live plants and flowers, foodstuffs for animals, malt, betel nut powder.

    Class - 32:
    Beer, ale and porter, mineral and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages.

    Class - 33:
    Wines, sprits and liquors.

    Class - 34:
    Tobacco, raw or manufactured: smoker's articles, matches.

    Class - 35:
    Advertising, Business Management, Business Administration, Office Functions.

    Class - 36:
    Insurance, Financial Affairs, Monetary Affairs, Real Estate Affairs.

    Class - 37:
    Building construction, Repairs, installation Services.

    Class - 38:
    Telecommunications.

    Class - 39:
    Transport, Packaging and Storage of Goods, Travel Arrangement.

    Class - 40:
    Treatment of Materials

    Class - 41:
    Educations, Providing of Training, Entertainment, sporting And cultural Activities.

    Class - 42:
    Providing of Food and Drink, temporary Accommodation, Medical Hygiene and beauty Care, Veterinary and Agricultural Services legal Services, Scientific and Industrial Research Computer Programming, Services that cannot be classified in other Classes.

    How do you obtain a registration?

    An application is lodged with the Trade Marks Office. An application is lodged in one or more classes that cover specific goods or services. A single application may be lodged in one or more of the 42 classes of goods and services.

    The application is examined in due course and, provided that the mark is acceptable, it proceeds to registration. The registration is effective as of the original date of application. A registration can be maintained indefinitely, provided that the necessary renewal fees are paid.

    How do you obtain Trade Mark registration in overseas countries?

    There is no single application that provides world-wide protection. Applications are lodged on a country by country basis or via a selection of countries in an International application (Madrid Protocol).

    Trade mark searches should be conducted as early as possible in countries of interest to ensure that your proposed mark stands a good chance of being accepted.

Trademark Registration Process

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Trademark Registration Process

Trademark registration can be obtained for words, logo, numerals, slogan, device and more in India. Trademark registration provides legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in India.

Trademark Search

Before beginning the trademark registration process, the entrepreneur or a trademark professional must conduct a trademark search of the trademark database. A trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry. A trademark search can be conducted by visiting the Trademark Registrar Website.

Trademark Filing

Once a trademark search is completed, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. Trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online. Trademark applications can be filed online by
Gstapplyindia.com or a trademark agent or lawyer.

A trademark registration application must contain the following information:

  • Logo or the Trademark
  • Name and address of the trademark owner
  • Classification or Trademark Class
  • Trademark used since date
  • Description of the goods or services

Trademark Application Allotment

Once the Trademark registration application is filed with the Trademark Registrar, a trademark application allotment number is provided within one or two working days. The trademark application can also then be tracked online through the Online Trademark Search facility. Typically, on obtaining trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.

Vienna Codification

The Vienna Classification or Vienna Codification, established by the Vienna Agreement (1973), is an international classification of the figurative elements of marks. Once the trademark registration application is filed, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.

Trademark Examination

Once Vienna Codification is completed, the trademark registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.

If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the Trademark Officer and address the objections. If the Trademark Officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the Trademark Officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.

Trademark Journal Publication

Once the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks – months time.

If the trademark registration application is opposed by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by escalating to the Intellectual Property Appellate Board.

Trademark Registration

Once there are no objections or oppositions for the trademark registration application, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or trademark.

For trademark registration in India, visit Gstapplyindia.com

Trademark Registration Process Flowchart

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Documents required for Trademark Registration

Trademark registration is an important mechanism through which a brand can be protected from unwanted use and infringement. Trademark registration process in India has been simplified by the Government and Entrepreneurs can now easily obtain trademark registration for their brands within a few months. In this article, we look at the documents required for obtaining trademark registration in India.

Note: During the trademark application process, there is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement.

Individuals & Sole Proprietorship

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:

  • Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.
  • Signed Form-48. Form-48 is a authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
  • Identity Proof of the individual or Proprietor.
  • Address Proof of the individual or Proprietor.

Partnership / LLP / Company – Small Enterprise or Startup

The trademark registration fee varies between Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.

Partnership / LLP / Company

In case of a partnership firm or LLP, the entrepreneur would have to submit the following:

  • Copy of Logo (Optional)
  • Signed Form-48.
  • Udyog Aadhar Registration Certificate.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

Other Applicants

All other applicants, including companies that do not have Udyog Aadhar registration will have to submit the following documents to obtain trademark registration in India.

  • Copy of Logo (Optional)
  • Signed Form-48.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.
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