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TRADEMARK
WHAT IS TRADEMARK?
A trademark is a distinctive identity that distinguishes your business, product, or service from competitors. It safeguards the financial commitment to winning your consumers’ loyalty and trust. Registered trademarks are your company’s intangible assets and intellectual property. Trademark registration allows you to sue those who attempt to steal your trademark and prevent them from using a mark that is deceptively similar to the one you have registered.
TRADEMARK REGISTRATION
THE SIGNIFICANCE OF TRADEMARK REGISTRATION
The following reasons make trademark registration crucial for businesses:
- It safeguards against the unlawful use of your brand’s identity, making it valuable in and of itself.
- It aids in fostering your consumers’ loyalty and trust.
- It provides the identity of your brand with legal protection.
TRADEMARK REGISTRATION
WHEN SHOULD TRADEMARK BE APPLIED?
Without a doubt, trademarks are significant to businesses. For the purpose of trademark security and preserving the reputation of the product’s quality in the eyes of consumers, you must first register the brand’s trademark whether running a business or considering starting a new company. By tracking its progress, you can learn more about the status of a trademark application. Before a company could register the same trademark in the countries where you wish to extend your business, if you intend to sell your products abroad in the future, you must register your trademark in each of those countries. Even if your company grows later, you can register your trademark in the nations where you wish to conduct business to prevent others from using it first.
OBJECTS CAN BE REGISTERED
WHAT OBJECTS CAN BE REGISTERED AS TRADEMARKS?
Numerous facets of your brand’s image might be trademarked. Which component of your brand stands out to your customers is the factor you need to consider. Select the relevant aspect(s) for your trademark registration.
1. Name
Company Name: The most popular course of action for firms is registering their company names as trademarks.
Product Name: The name of a specific product can be registered as a trademark.
Name/Surname of the Person: If your name is crucial to bringing in money, you can even trademark it!
Abbreviations: A trademark can also include an abbreviation of a company or brand name.
2. Alternatives
Colour Mark: A colour mark allows you to protect a single colour or a group of colours.
Sound Mark: If we can demonstrate that a musical note or sound is distinctive, we can register it as a trademark.
Scent Mark: Scents or perfumes can be registered as trademarks.
3. Symbols/Logos
A logo is easier for your customers to remember than a name. It is strongly encouraged to trademark your logo because it serves as a physical representation of your brand.
4. Tagline
A tagline explains to your target audience what your company stands for. You can also register your brand’s tagline as a trademark if you have such.
CLASSES OF TRADEMARKS
CLASSES OF TRADEMARKS
The classifications you choose must be carefully considered since they will affect whether or not your trademark is valid for the goods and services offered by your company. Suppose your company provides a variety of products and services that fall under various classes. In that case, you must make sure that you can submit an online trademark application for each class that applies.
Listed below the 45 trademark classes in India.
CLASS |
DESCRIPTION |
|---|---|
|
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 |
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving 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 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), lifesaving 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 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 cover. |
|
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. |
TRADEMARK APPLICATION
HOW TO FILE A TRADEMARK APPLICATION
The procedure for registering a trademark online could be better. Numerous procedures are involved, in addition to government oversight. By dividing it into three sections and taking care of most of the labor, Taxkey has made it simpler for you. Register a trademark right away to safeguard the name, tagline, and brand of your business.
Step 1:
Search for trademarks: Once you have given us crucial information regarding the good or service you desire to register as well as the industry in which you work, our specialists will thoroughly search the trademark database. This checks to see if the trademark you want to register is already in use. Note: This is only a primary verification.
Step 2:
Document gathering and class selection: The next step is to choose the class or classes that are right for your company. However, you shouldn’t worry too much. To cover every element of your organization, the classes you choose will be guided by our experts. In your dashboard, you can simultaneously begin uploading each necessary document for trademark registration.
Step 3:
Submitting a trademark application: After you upload the documents, our team will review each one. The trademark application form will then be filled up and submitted on your behalf, along with the necessary supporting documents. Our staff will work hard to ensure that your application is accurate and free of mistakes. We will keep you updated on the registration process until it is complete, and we suggest that you keep an eye out for any alerts from the Trademark Registry. Continue the procedure until the brand registration is complete, and keep a lookout for any alerts from the Trademark Registry.
Step 4:
Refusal to use a trademark (in some cases): Occasionally, the examiner may have some issues with your application. This trademark objection notification has been issued to you, and you have 30 days to respond. Our experts can assist you with drafting a strong objection response, submitting the required paperwork, and supporting documentation, and other related tasks.
Step 5:
Trademark Opposition (in some cases):
You never know who might decide to reject your application. In that case, you have two months to submit a counter-statement stating the reasons the opposition is invalid to the Registrar. Depending on your response, the Registrar could decide to drop the opposition or set up a hearing.
IMPORTANT FORMS
IMPORTANT FORMS USED IN TRADEMARK
A private limited company in India is required to comply with several regulations to ensure legal and financial transparency. Some of the key compliance requirements for a private limited company in India are:
Annual General Meeting (AGM): A Private Limited Company must hold an AGM within six months of the end of the financial year to approve the Company’s financial statements, appoint or reappoint auditors, and declare dividends.
FORMS |
DESCRIPTION |
|---|---|
|
TM - A |
Application for registration of a trademark |
|
TM - C |
Application for Search and certificate under section 45(1) of the Copyright Act, 1957 |
|
TM - G |
Trademarks Agent Registration/Renewal/Restoration/Alteration |
|
TM - M |
Application/Request for any miscellaneous function in respect of a trademark Application/ Opposition/Rectification under the Trade Marks Act |
|
TM - O |
Notice of Opposition/ Application for Rectification of the Register by cancelling or varying registration of a trademark/ Counter- Statement/ Request to Refuse or invalidate a trademark |
|
TM - P |
Application for Renewal/Restoration of registration of a trademark or for payment of surcharge towards the renewal |
|
TM - R |
Application for Renewal/Restoration of registration of a trademark or for payment of surcharge towards the renewal |
|
TM - U |
Application for registration of Registered User/Variation of Registered User/Cancellation of Registered Users and Notice of intention to intervene in proceeding in cancellation/variation |
DOCUMENTS NEEDED
DOCUMENTS NEEDED FOR ONLINE TRADEMARK REGISTRATION
- Applicant's name
- Business Type
- Business objectives
- Brand/logo/slogan name
- Registration address
- 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)
All your questions will be addressed, and you will receive the best help possible during the online trademark registration procedure. We will update you frequently till the trademark registration procedure is complete.
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