Trademark Registration
Introduction
In simpler terms, a trademark means a brand or logo which represents your business.
It is a visual symbol in the form of a word, signature, a device, or a label or numerals or combination of colours applied to articles of commerce to distinguish and indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons to identify their products and/or services. Trademark registration in India laurels your product with an exquisite trademark that makes it superior to other products.
Trademark registration consultants are highly competent in providing trademark consulting services and they are well-acquainted with all the lawful needs that are important for trademark registration under Trade Marks Act, 1999.
Legal Requirements for Trademark Registration in India
The legal requirements for registering a trademark under the Trade Marks Act, 1999 are as follows:
- Graphic Representation
The desired mark should be capable of being represented graphically - Unique
The trademark should be unique enough to distinguish the goods or services of one from products or services of others - Purpose Defining
The desired mark should be in used or proposed to be used concerning goods or services to indicate or to stipulate a connection in the course of trade between the services or goods and some person have the right to use the mark with or without an identity of that person.
Trademark registration not only give the brand an exquisite identity but also prevent fraudulent use of the trademark.
How to Select a Trademark
A trademark is to be selected carefully while launching a product or goods or services. While selecting a trademark that the scope of legal protection you would obtain depends on the type of trademark chosen.
One must select a trademark that complies with government rules and can exclusively depict the high-quality & safety of your product or service.
For selecting a trademark a better strategy would be to adopt a coined word or an arbitrary word which has no reference or relevance to the goods/services upon which it is used.
Examples include Canon, Lotus Software.
Advice from trademark registration consultants is yet another safe way to select a trademark that can stand the test of laws and times, as these professionals stay updated with amendments in legal acts and they have a good idea of changes which may arrive.
To have a broader scope of protection, a trademark should be more distinctive.
Who can apply for Trademark
Any person i.e. individual, company, proprietor or legal entity claiming to be the owner of the trademark may apply in writing in prescribed manner for registration.
The application should specifically contain the goods/services, name and address of applicant and agent (if any) with power of attorney, the tenure for which the trademark is intended to be used.
Is registration of trademark important?
Consumers purchasing decisions are always influenced by trademarks and the reputation such brands represent. A trademark indirectly puts forth a wide array of benefits of purchasing a particular brand. There are numerous benefits of Trademark registration.
Some of the benefits of registering a trademark in India are as follows:
- Protects your Brand Name
- Builds trust & Goodwill
- A Valuable Asset
- Gives uniqueness to the brand and becomes easily Identifiable
- Serves as a lifelong support
- For business expansion
Documents required for Trademark Registration
Documents which are required for the registration of a trademark are as follows:
- ID Proof (Driving License, Voter ID card or passport, pan card, aadhar card)
- Brand Name (a soft copy of brand name and logo to be registered)
- Power of Attorney
- Board Resolution (in case the Company is the applicant)
Trademark Classification and Classes
Trademark classification and classes lead to the preparation of a hierarchy that showcases which trademark is being adopted under which category. This facilitates the government bodies to easily work with the trademark classes list at national as well as international levels.
A sum of 45 classes of a trademark is there for different goods and services. Out of the total of 45, 34 is for products while 11 is for services.
Trademark Classes
What is Trademark Class?
Trademark is divided into 45 different classes which represent different sets of goods and services as per International certification of Goods and Services.
It is mandatory to do trademark research while filing trademark registration applications to avoid discrepancies. It is beneficial for the applicant to choose the right class of trademark and to avoid set back of the registration process.
If the business activity involves various goods or services falling under different trademark classification, applicants can file trademark applications in more than one class. Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under another class.
Trademark class finder tool is useful to find the correct trademark class for your goods or services from over 80,000 goods and services.
Among the 45 classes mentioned below, 34 classes come under the Goods section, and 11 classes come under service section.
Trademark/IP Services
- Trademark Registration
- Copyright Registration
- Design Registration
- Patent Registration
Basis of Trademark Classification
Trademark is a sign, symbol or mark used to differentiate between the goods sold by two or more manufacturers. Once registered the registration gives the owner the right to protect their trademark. The manufacture of goods and services are grouped into different categories.
Classes of Trademark are as follows:
- Classes for Goods
- Classes for Services
Trademark Classification of Goods
| Class | Description |
| Trademark 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 |
| Trademark 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 |
| Trademark Class 3 | Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices |
| Trademark Class 4 | Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks |
| Trademark 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 |
| Trademark 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 |
| Trademark 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 |
| Trademark Class 8 | Hand tools and implements (hand-operated); cutlery; side arms; razors |
| Trademark 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 |
| Trademark Class 10 | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials |
| Trademark Class 11 | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes |
| Trademark Class 12 | Vehicles; apparatus for locomotion by land, air or water |
| Trademark Class 13 | Firearms; ammunition and projectiles; explosives; fire works |
| Trademark 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 |
| Trademark Class 15 | Musical instruments |
| Trademark 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 |
| Trademark 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 |
| Trademark 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 |
| Trademark Class 19 | Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. |
| Trademark 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 |
| Trademark 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 |
| Trademark 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 |
| Trademark Class 23 | Yarns and threads, for textile use |
| Trademark Class 24 | Textiles and textile goods, not included in other classes; bed and table covers. |
| Trademark Class 25 | Clothing, footwear, headgear |
| Trademark Class 26 | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers |
| Trademark Class 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile) |
| Trademark Class 28 | Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees |
| Trademark 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 |
| Trademark 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 |
| Trademark 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 |
| Trademark Class 32 | Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages |
| Trademark Class 33 | Alcoholic beverages(except beers) |
| Trademark Class 34 | Tobacco, smokers’ articles, matches |
Trademark Classification of Services
Class | Description |
Trademark Class 35 | Advertising, business management, business administration, office functions. |
Trademark Class 36 | Insurance, financial affairs; monetary affairs; real estate affairs. |
Trademark Class 37 | Building construction; repair; installation services. |
Trademark Class 38 | Telecommunications. |
Trademark Class 39 | Transport; packaging and storage of goods; travel arrangement. |
Trademark Class 40 | Treatment of materials. |
Trademark Class 41 | Education; providing of training; entertainment; sporting and cultural activities. |
Trademark 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. |
Trademark Class 43 | Services for providing food and drink; temporary accommodation. |
Trademark Class 44 | Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
Trademark 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. |
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