Trademark Application

Documents Required for Trademark Application

  • 1 Pan Card of Applicant and Authorized Signatory
  • 2 TM 48 Power of Attorney
  • 3 Logo if any in JPG format
  • 4 List of goods or services for which registration is required

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Process Involved

Documentation
Trademark Search
Application
Client Confirmation
Submission of Application
Certificate

What is Trademark?

"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.
 

Time Duration:

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

  • Pan Card of Authorized Signatory
  • Trademark Particular Form, and
  • TM48 ie Power of Attorney
  • Logo if any in JPG format
  • The name, address and nationality of the applicant
  • A list of goods and/or services for which registration is required
  • If the mark contains or consists of non-English words, a translation of those words into English is required.
  • If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). 
  • Date of first use of the trademark in India, if at all used
  • Power of attorney simply signed by the applicant.

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

 

SERVICES

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.

FAQs

FAQs

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?

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