"Trademark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.
Trademark registration can be done for the following:
• Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof.
• Any Slogan, Base or Punch Line, etc. which are used to highlight the products and services.
Functions of a Trademark/Brand Name:
• It identifies the goods and services and its origin or owner
• It advertises the goods and services
• It creates an image for the goods and services
• It stimulates further purchase
• It serves as a badge of loyalty and affiliation
• It may enable a consumer to make a life style or fashion statement.
Advantages / Benefits of Trademark Registration
Trademarks benefit both businesses and consumers. Trademarks allow businesses to build an identity and reputation with customers, and thereby grow or expand their business. They allow consumers to take an informed buying decision by searching out familiar brand names and avoid bad buying experiences by avoiding the brands they didn't like.
1. Confers upon the owner the exclusive right to use the brand.
2. Protects hard earned goodwill in the business.
3. Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your long built goodwill.
4. Gives your products a status of ‘Branded Goods’.
5. To obtain legal relief in respect of infringement (misuse by others) of the trade mark.
6. Power to assign (transfer) the trade mark to others for consideration.
Consequent to the Notification in the official Gazette of India issued by the Ministry of commerce and Industry dated 06 March 2017, the fee of Application to register a Trademark for specification of Goods or services included in one class in case of Individual, Startup and SME is Rs. 4500 and In case of others it is Rs. 9000
Trademark Registration Procedure
STEP 1: Trademark Search
A Trademark search is the first step in the Trademark registration procedure. A search is to be conducted in order to determine the uniqueness of the mark, and its similarity to other, pre-existing marks. It is very
much advisable to conduct a Trademark search before registering or using a Trademark.
Without a search, there are chances for being sued for Trademark infringement, the rejection of the Trademark application, and a third-party challenging the Trademark application.
STEP 2: Filing of Trademark Registration Application
The second step in the Trademark registration procedure is filing of Trademark registration application after getting the positive search report. After receiving of the acknowledgement the applicant can use the
symbol TM along with the applied mark. If the application for the registration of Trademark filed through efiling system of Trademark registration than the acknowledgement of the application alongwith the
government receipt generate immediately after the filing. If the application for the registration filed manually than the acknowledgement provided only after 1-2 days.
STEP 3: Examination of Trademark Registration Application
Third step in the Trademark registration procedure is issuance of examination report by the Trademark office. Upon receipt of Trademark registration application, the Registrar issues an examination report after
examining the application. Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with marks which are already registered, or which are the subjects of earlier pending applications.
STEP 4: Publication of Mark in Trademark Journal
Fourth step in the Trademark registration procedure is the publication ofthe mark in the Trademark journal. If the Registrar consider the mark as a distinctive mark or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal. If no opposition to the mark is filed within 90 days from the date of publication, or 120 days if request for extension of time is given to the opponent and opposition is refused, mark proceeds for the acceptance of Registration.
STEP 5: Trademark Registration
Fifth step in the Trademark registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Trademark is accepted by the Registrar, the Registrar shall issue to the
applicant a Certificate of Registration under the seal of the Trademark Registry.
If there is no objection and /or opposition raised, the process of Registration of Trademark usually takes 15 to 24 months approx
Documents required for the application of trademarks are
Classes for Trademark Registration
Classification of goods and services – 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 used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4 . Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5 . Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 . Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
Class 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11. Apparatus 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; explosives; fire works
Class 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class 15. Musical instruments
Class 16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks
Class 17. Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20. Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21. Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23. Yarns and threads, for textile use
Class 24. Textiles and textile goods, not included in other classes; bed and table covers.
Class 25. Clothing, footwear, headgear
Class 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class 32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33. Alcoholic beverages(except beers)
Class 34 Tobacco, smokers' 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; repair; installation services.
Class 38. Telecommunications.
Class 39. Transport; packaging and storage of goods; travel arrangement.
Class 40. Treatment of materials.
Class 41. Education; providing of training; entertainment; sporting and cultural activities.
Class 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43. Services for providing food and drink; temporary accommodation.
Class 44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
What is the function of a trade mark?
How to apply for a trade mark in respect of particular goods or services?
What purpose the trade mark system serves ?
What are the benefits of registering a trade mark?
What does the Register of trade mark contain ?
How to select a good trademark?
Who can apply for a trademark and how ?
What are different types of trademarks that may be registered in India?
What are the formalities and government fees for major trademark transactions ?
What are the sources of trademark laws?
What can be trademarked?
What is term or Duration of a Trademark in India?
Can any correction be made in the application or register?
Can a registered trademark be removed from the register?
Who can use 'TM' and ® symbols and when?
What is the difference between a ``registered`` and an ``unregistered`` trademark?
Why hire a trademark agent?
I can answer any questions you have about starting a business or taxation or funding. You can click on the questions to the left or write your question below
I can answer any questions you have about starting a business or taxation or funding. You can click on the questions to the left or write your question below
What is a trade mark?A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are: · The selected mark should be capable of being represented graphically (that is in the paper form). · It should be capable of distinguishing the goods or services of one undertaking from those of others. · It should be used or proposed to be used mark
What is the function of a trade mark?Under modern business condition a trademark performs four functions 1. It identifies the goods / or services and its origin. 2. It guarantees its unchanged quality 3. It advertises the goods/services 4. It creates an image for the goods/ services.
How to apply for a trade mark in respect of particular goods or services?It is provided under the Trade Marks Act,1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.
What purpose the trade mark system serves ?It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity. Ø It guarantees the identity of the origin of goods and services. Ø It stimulates further purchase. Ø It serves as a badge of loyalty and affiliation. Ø It may enable consumer to make a life style or fashion statement.
What are the benefits of registering a trade mark?The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
What does the Register of trade mark contain ?The register of trade mark currently maintained in electronic form contains interalia the trade mark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trade mark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
How to select a good trademark?If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
Who can apply for a trademark and how ?Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
What are different types of trademarks that may be registered in India?Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark. - An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service. - Letters or numerals or any combination thereof. - The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service. - Devices, including fancy devices or symbols - Monograms - Combination of colors or even a single color in combination with a word or device - S
What are the formalities and government fees for major trademark transactions ?For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/- · To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered · For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/- · Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/- · Restoration of removed mark (Form TM-13) Fees: 5,000/- · Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/- · Legal Certificate (Form TM-46) (Providing details of en
What are the sources of trademark laws?(1) The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder . (2) International multilateral convention. (3) National bilateral treaty. (4) Regional treaty. (5) Decision of the courts. (6) Office practice reduced in Manuals and guidelines and rulings of the Courts (7) Decision of Intellectual Property Appellate Board. (8) Text books written by academician and professional experts.
What can be trademarked?Name: A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked 2. Word: A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked 3. Numbers: Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand 4. Image: Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo 5. Sound: Sound marks in audio format. For ex the sound in the ad jingle
What is term or Duration of a Trademark in India?The term of registration of trademark is 10 (Ten) years, and can be renewed for next 10 year. An application for renewal of a trademark can be filed within six months from the date of expiry of the registration of trademark.
Can any correction be made in the application or register?Yes. But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
Can a registered trademark be removed from the register?Yes. It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?
Who can use 'TM' and ® symbols and when?Generally, one who has filed an application (pending registration) can use the TM (trademark) designation with the mark to alert the public of his/her exclusive claim. The claim may or may not be valid. The registration symbol, ®, shall only be used when the mark is registered.
What is the difference between a ``registered`` and an ``unregistered`` trademark?A registered trademark has been approved and entered on the Trademark Register held by the Trademarks Office. Registration is proof of ownership. An unregistered trademark may also be recognized through Common Law as the property of the owner, depending on the circumstances. For a more detailed description read Trademarks explained.
Why hire a trademark agent?Trademark registration can be a complex process; an experienced agent can save you time and money by avoiding pitfalls such as poorly prepared applications and improper research. However, the prime reason for hiring an experienced Agent is his ability to address concerns of the Trade Marks office. If you fail to respond correctly, your application will likely fail. For a more detailed description read Trademarks explained.