Trademark & IPs Services
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What is a trade mark?
In simple terms, trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners' products or services from those of its competitors.
Example of trademarks:
Coca cola and Pepsi are two trademarks from same industry (beverages) which distinctly identifies source or origin of the goods as well as an indication of quality.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered.
Who can apply for trademark?
Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using "TM" symbol. And the time required for trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.
Functions of a trade mark are:
1. It identifies the service or product and its source
2. It guarantees its quality
3. Advertisement of service of product
Different types of trademark:
1. A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
2. A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
3. alphanumeric or Letters or numerals or any combination thereof.
4. Image, symbol, monograms, 3 dimensional shapes, letters etc.
5. Sound marks in audio format
Trademark Registration
A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
● Advantages Of Trademark Registration
* Legal Protection
* Unique Identity
* Trust or Goodwill
* Creation of Asset
● Trademark Registration India
How much time and effort you invested in your business? Did you work had to make your business a respectable and trust worthy name in minds of your clients?
How would you feel, if someone else is misusing your business name?
Or you found out that the name that you are using for your business is actually registered with some other company
Even worst... You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing a already registered trademark of someone and you cannot use that name for your business here after!!! Such a loss of time, efforts and costs...
Would you like to avoid such devastating scenarios that can hurt your businesses image? This can result in all the hard work you put in building brand name (image) of the business going waste!!!
Then you need to look at protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business.
"A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol. "
If properly used and promoted, a Trademark becomes the most valuable asset of a business. Hence Trademark registration India
Documents required for filing a Trade Mark Application in India:
● Trademark or logo copy
● Applicant details like name, address and nationality and for company: the state of incorporation
● Goods or services to register
● Date of first use of the trademark in India, if used by you prior to applying.
● Power of attorney to be signed by the applicant in 100 Rs. stamp paper.
● The procedure for registering trademark in India
Step 1: trademark search
Step 2: create trademark application
Step 3: trademark registration
Steps you need to take to registration your trademark in India:
1. Select and authorize a trademark agent or attorney to represent you.
2. The trademark attorney conducts a search.
3. Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
4. The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
5. After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
6. It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.
C L A S S H E A D I N G S
Goods
| Class 1 : | Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry |
| Class 2 : | Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; 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 and wicks for lighting |
| Class 5 : | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations 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, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; 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; fireworks |
| 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 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); 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; combs and sponges; brushes (except paint 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, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; 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 |
SERVICES
| 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 |
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"Making the simple complicated is commonplace; making the complicated simple, awesomely simple, that's creativity"
- Charles Mingus