Trademark Registration in India: A Brief Guide
A trademark is a unique sign that identifies goods or services. In India, it's protected by the Trade Marks Act, 1999.
Why Register?
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Legal protection
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Brand recognition
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Market value
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Deters infringement
Types of Trademarks:
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Word marks (words, phrases)
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Device marks (logos, symbols)
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Combination marks (word+device)
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Sound marks (unique sounds)
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Color marks (specific colors)
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3D marks (product shape)
Registration Process:
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Trademark Search: Ensure uniqueness.
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Filing: Submit application, power of attorney, and fees.
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Examination: Registry checks for formal and substantive compliance.
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Publication: Published in the Trademark Journal for opposition.
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Opposition (optional): Third parties can oppose.
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Registration: If no opposition or opposition is unsuccessful, registration is granted.
Key Considerations:
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Distinctiveness: Choose a unique mark.
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Class Selection: Choose appropriate classes for goods/services.
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Renewal: Renew every 10 years.
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Enforcement: Monitor for infringement and take legal action.
Consult a Trademark Attorney: For expert guidance and to navigate the complex process.
Classification of Goods and Services:
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, signaling, 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; orthopedic 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; jewelry, 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 traveling bags; umbrellas, parasols, and walking sticks; whips, harnesses 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 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