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India is a hugely competitive market for business and company owners, with an excess of new yet identical brands/products emerging on a daily basis. In this case, brand protection is required to prevent others from exploiting your name or brand.
A trademark can be defined as a name, word, phrase, logo, symbol, design, image, or a combination of these elements that is important in promoting goods and providing information about the product's quality and uniqueness. And it also identifies the owner of a brand for a specific product or service.
The process of trademark registration can be complex and time-consuming, taking away valuable resources from your core business operations. At our company, we understand the importance of securing your brand identity and the nuances of the trademark registration process. We offer a comprehensive trademark registration service that takes care of all the necessary documentation, compliance requirements, and legal formalities, ensuring that your brand is protected under the law.
Prevents unauthorized usage of your brand’s identity.
Provides legal protection for your brand' identity.
Help to build loyalty & trust among your customers all over India.
Customers give more value to registered brands. So your credibility will increase.
Your consumer can differentiate your product or services among competitor’s products serving in a similar area.
The registration of Trademark is also cost-effective in comparison to its wide range of benefit.
TM- If a brand name or logo contains TM, it means that a trademark application has been filed and registration is UNDER PROCESS.
SM- SM is used for unregistered Service Mark. SM is used for trademark filed under class 35-45 and Trademark under class 1-34. However using the TM symbol for all classes or the SM mark for class 35-45 trademark application, both are acceptable.
R- It can only be used after registration of trademark is complete.
In India following are eligible for Trademark Registration. However each class of person or entity has its own set of requirements.
• An individual
• Joint Owners
• Proprietorship Firm
• Partnership Firm
• Limited Liability Partnership (LLP)
• Indian Company
• Foreign Company
• Trust or Society
Name : - Name can be of your Product, Business, and Abbreviation of your company and Personal Name or also can be your Surname. Ex: Bajaj, Shah Rukh Khan has also trademarked his name.
Word : - A word can be trademarked that is not being directly expressing the character or quality of the goods/service.
Logo : - It can be a figure, shape or color etc. However you must trademark your logo because it represents the identity your entity.
Number : - Any combination of Letters or Alphanumeric or numerals .
Images : - Image, symbol, 3-dimensional shapes, letters, etc. Ex: the tick in the Nike logo.
Sound : - Sound can also be trademarked like Musical Notes and it should be distinctive. Ex: Nokia tune.
There are 45 trademark classes and all goods and services fall into these classes.It outlines the types of goods or services included in each of the 34 classes of goods and 11 classes of service. Your choice of class determines the validity of your trademark for your company's products/services and should be chosen carefully.
| Classes | 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, 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, guttapercha, 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 |
| 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. |
• Brand/Logo/Slogan Name
• Business Type and Objective
• PAN and ID Proof of the Applicant
• Power of Attorney – Form48 (Will be provided)
• Partnership Deed (If Partnership Firm)
• Certificate of Incorporation (If Company)
• MSME/Start up recognition (If any, can avail 50% rebate on the Government fee)
Yes, you can register a trademark for your business name, as long as it meets the requirements for eligibility and is not already in use by another company.
A trademark registration in India is valid for 10 years from the date of registration and can be renewed indefinitely in 10-year increments.
The time it takes to register a trademark in India can vary depending on the complexity of the application and the workload of the ITMR. On average, it can take anywhere from 12 to 18 months for a trademark to be registered.
Yes, you can register a trademark for your logo as long as it meets the requirements for eligibility and is not already in use by another company.
Yes, you can register a trademark for a slogan or tagline as long as it meets the requirements for eligibility and is not already in use by another company.
You can protect your registered trademark from infringement by monitoring for potential infringements, and taking legal action against any infringement if it occurs. It's also important to renew your trademark registration on time and use your trademark consistently.
Yes, you can transfer or license your registered trademark to another person or company, but the transfer must be in writing and be recorded with the Indian Trade Marks Registry (ITMR).
The remedies available to you if someone else infringes your registered trademark include seeking an injunction to prevent further infringement, damages, and a claim for account of profits. In India, the legal action can be taken under the Trademarks Act, 1999.
Yes, you can register a trademark for your domain name as long as it meets the requirements for eligibility and is not already in use by another company.