Trademark Registration In India – An Overview
Trademark Registration is key for businesses to protect their Intellectual Property. Registering gives you Brand Protection and the sole Legal Rights to your symbol, logo, or name. Always do a Trademark Search before registering. This ensures no other trademarks could cause Infringement. For your application, you’ll choose Trademark Classes and send it to the Trademark Office. Consulting a Trademark Attorney can make the process smoother. After registering, you can use the Trademark Symbol. Do not forget to meet Renewal deadlines to keep your rights. This whole process strengthens your Brand Identity and stops others from copying.
What Can You Register As a Trademark?
In India, you can register diverse items as trademarks. They can include brand names, logos, words, slogans, sounds, smells, colors, or any unique sign. These trademarks should distinguish your goods or services from others. This helps maintain your business identity and protect it from misuse.
What can be Trademarked
Product
A product mark is product used to identify a single product. They are used to avoid any duplicity of the product and also to safeguard product category.
Service
A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.
Shape
The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.
Pattern
The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.
Collective
Collective marks are linked with a group of people and not one single product or service. These kind of trademarks are primarily owned by a firm, institutes or any association that is related to several members.
Certification
Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader’s goods or services are certified as meeting particular standards.
Sound
Sound form of trademarks are the “mark” consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks.
Colour
The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.
Word
A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.
Numbers
The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.
Device
A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.
Packaging
All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.
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Why Is Trademark Registration Important?
Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand’s value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.
Trademark Classes
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising, and
- Class 41: which includes education and entertainment.
What are the different types of classes in a Trademark?
There are 45 classes, out of which 34 and 11 are for the products and services category respectively.
| Class | Description |
|---|---|
| Manufacturing | |
| 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 Class 35 | Advertising, business management, business administration, office functions |
| Services | |
| 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 |
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.
How to Register Trademark in India
The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. We have made it easier for you by breaking it down into three parts and doing the majority of the work. Register a trademark today to protect your company’s logo, slogan, and brand.
Step 1: Trademark Search
Once you give us the basic information about what you want to apply trademark online and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.
Step 2: Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) to apply trademark online in your dashboard.
Step 3: Trademark Application Filing
Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.
Congratulations! You can now start using the symbol ™ as the application has been submitted!
Step 4: Trademark Objection (in some cases)
Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.
Step 5: Trademark Opposition (in some cases)
There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.
Trademark Objections
In some cases, the trademark examiner might see certain problems or issues with the registration of a trademark. These issues can be either the filing of an incorrect trademark application form online, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.
When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.
If the response is accepted, the application will be processed further for brand registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.
The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.
Trademark Opposition
On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.
If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.
Documents Required for Trademark Registration Online India
Initially, you have to provide us with the following details:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional).
Why Us?
Here is why you should choose for trademark registration online
- We conduct a thorough search of the TM directory
- We prepare the authorization letter, so we can file for tm registration on your behalf
- Our experts guide you with the classes you need to apply under
- We fill and apply with the Registrar
- We constantly provide you with updates until the trademark registration process is complete
- You get the best support throughout the online trademark registration process and all your queries will be answered.
