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Trademark Registration


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.




Functions of trademark


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.


Use of ™, ® symbols

1. Once application for registration of Trademark is made, the owner can use ™ (trademark) symbol till the time the trademark is registered.

2. ® Registered symbol can be used only when the Trademark applied for is registered. The Certificate of Registration is issued by Trademark Register

Benefits of trademark Registration


1. It gives the owner the exclusive right to the use the trademark in relation to the goods or services.

2. Owner can seek relief in case of infringement of the trademark in appropriate courts in the country. Owner can sue for damages and secure destruction of infringing goods and or labels.

3. Trademark is intellectual property (IP) of the Owner. Owner can sell or can allow others to use its trademark for consideration.

4. Owner of the trademark can use (R) symbol for its Brand.

5. It helps the owner to create goodwill and also protect hard earned goodwill of its products or services.

6. Owner may call its goods or services ‘Branded’

Steps in Trademark Registration

Select Class for Goods/Services

Trademark Search

Filing of Application

Use of TM Symbol by user

Examination of application by Registrar

Publication of TM in Journal

Hearing of Opposition to Trademark (If any) and desicion.

Registration Certificate (If no Opposition)

Use of R (Registered) Symbol

Frequently Asked Questions


TM word should be easy to speak, spell and remember.
The best trademarks are invented words or coined words or unique geometrical designs.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.).

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.

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.
Devices, including fancy devices or symbols
Monograms
Combination of colors or even a single color in combination with a word or device
Shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Sound marks when represented in conventional notation or described in words by being graphically represented.

Registered trademarks are valid for 10 years from date of filing. The trademark owner can file for renewal before end of the validity.

Classes of Trademark

1. Chemicals

2. Paints, Coatings & Pigments

3. Cleaning Products, Bleaching & Abrasives, Cosmetics

4. Fuels, Industrial Oils and Greases, illuminates

5. Pharmaceutical, Veterinary Products, Dietetic, Medicines

6. Metals, metal castings, Locks, Safes, Hardware

7. Machines and Machine Tools Parts

8. Hand Tools and implements, Cutlery, Razors

9. Computers, Software, Electronic instruments, Mobile Accessories & Scientific appliances

10. Medical, Dental Instruments, Heating, Sanitary Installations

11. Appliances, Lighting, Heating,

12. Vehicles

13. Firearms, Explosives and Projectiles

14. Precious Metal ware, Jewellery, Precious Stones

15. Musical instruments and supplies

16. Paper, Items made of Paper, Stationery

17. Rubber, Asbestos, Plastic Items

18. Leather and Substitute Goods

19. Construction Materials (building - non metallic)

20. Furniture, Mirrors and other Interior products

21. Crockery, Containers, Utensils, Brushes, Cleaning Implements

22. Cordage, Ropes, Nets, Awnings, Sacks, Padding

23. Yarns, Thread

24. Fabrics, Blankets, Covers, Textile

25. Clothing, Footwear and Headgear

26. Sewing Notions, Fancy Goods, Lace and Embroidery

27. Carpets, Linoleum, Wall and Floor Coverings (non textile)

28. Games, Toys, Sports Equipment

29. Foods - Dairy, Meat, Fish, Processed & Preserved Foods

30. Foods - Spices, Bakery Goods, Ice, Co

31. Fresh Fruit & Vegetables, Live Ani

32. Beer, Syrups, Soft Drinks, Carbonate

33. Wines, Spirits, Liquors

34. Tobacco, Smokers Requisites

35. Advertising, Business Consulting,

36. Insurance / Financial / Real Estate

37. Construction, Repair, Cleaning

38. Communications & Telecom Serv

39. Transport, Utilities, Storage

40. Materials Treatment, Working

41. Education and Entertainment & other Related Services

42. Scientific and technological & IT

43. Services for providing food and

44. Medical servics; veterinary services; hygienic and beauty care for human beings or animals

45. Legal / Security / Personal/ Professional Services

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