Trademark helps to give your brand a unique identity and helps to set your brand apart from others. This unique identity is provided in several different forms including logo, slogan, photograph, colour combinations, etc. Trademarks are registered under the Trademark Act, 1999.
It refers to a type of diligent property that consists of a recognizable sign, design or expression. It helps to make the products and services of a particular unique from that of others. Trademarks that are used for service providers are commonly known as service marks. The law of trademark deals with the mechanism of registration, preventing fraudulent activities against the trademark of a particular brand and protection of trademark. Trademark is defined under section 2 (ZB) in The Trademark Act, 1999. It specifies a trademark as a specific mark that is eligible for a graphical representation. It has the capability of distinguishing goods and services of one person from that of others that may also include the shape of goods, packaging or colours.
Trademark registration offers several benefits for a particular good or service.
There are no hard and fast rules that define the eligibility of trademark registration. Anyone can apply to get trademark registration provided the applicant is an individual, small enterprise, start-up or a body corporate.
There are different classes of the 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.
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.
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;
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 forges.
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; fireworks.
Class 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; hierological 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.
The documents required to apply for trademark registration are as follows:
- MSME Certificate or Startup India Certificate (if not available, the government fees would behigh)
- Logo or Word mark
- Certificate of Incorporation or KYC document of Applicant
- Digital Signature of Authorised Person.
- An affidavit is to be submitted In case the trademark is used retrospectively
- Power of Attorney in favour of us.
Digital Signature is a must and the applicant must have it. If the applicant doesn't have one, then he is needed to apply for it. PAN Card, Aadhar Card and a photograph are needed to apply for the same.
The mode is to be chosen whether you are applying for a trademark as an individual, body corporate, small enterprise or a startup.
A login on the portal is to be created. The web address of the portal is www.ipindia.gov.in. Basic information is required to create a login at the portal including the name of the applicant, address of the applicant, email ID, and telephone no etc.
After successful creation of the login ID, the applicant is required to select the class of trademark for which he is applying. He is also required to select the category of the applicant.
The applicant will then have to fill in the application form.
Check whether you have filled in all the required details and submit the application form to the portal by affixing digital signature and paying the registration fees as applicable.
There are no restrictions in applying for a trademark and even an individual can also apply for a trademark. A small enterprise, body corporate, startup, etc. can also apply for a trademark.
The first step is to decide the logo or wordmark that requires the trademark filings, ensure that you have a domain that has adequate documents to substantiate your claims. Then the regular process of trademark registration is to be followed to get your application of trademark filed.
The department generally takes three to six months to approve the trademark registration. Sometimes, it can also get approved in the time span of one or two months, but it is safe to assume that the entire procedure will take at least 5-6 months.
The fee structure varies for several cases. But it generally lies between 4500-9000 depending on different circumstances.
The first objection that the department can raise is that the logo or word mark is describing the nature of your business which is not allowed as per law. This simply means that the logo should not be able to define what business an individual or body corporate is into.
Yes, the application for logo and wordmark is to be filed separately.
Yes, if the operations carried out are defined in more than one class, then you need to apply different applications for different classes. For instance, the Fintechstartup needs to file a separate application in finance class and separate in the Technology class as well.
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