Hello reader, have you heard about trademarks? , If yes then you have many questions about a trademark, like what is a trademark, what type of trademark it is, and how to apply it. In this blog article let’s try to understand trademarks from A to Z. Let’s get started,
Trademarks can be signs, designs, expressions, words, numbers, phrases, graphics, logos, or a mix of colors to identify and distinguish products or services. In simple words, It is used to represent the brands. The main purpose of a trademark is to protect a brand from others.
In India trademark was introduced in 1999 as the Trademark Act.1999.
Eligibility criteria for Trademak registration in India
The eligibility criteria for trademark registration in India are based on many requirements. some of shown in the list below
Any individual, proprietor company, LLP other legal organisation can apply for trademark registration
It can be used for any goods and service
Mark should be identical to goods or services it should not create confusion
Place names, common surnames, and names of persons or institutions may not be used for trademarks.
Who Can Apply for Trademark Registration?
Here is the list of persons and companies that can apply for a trademark
- Any Individual Person
- Proprietor
- Partnership Firm
- Limited Liability Partnership(LLP)
- Corporation
- Foreign Corporation
- Any Trust
Types of Trademark Registration in India
Below is the list of trademark registrations in India, including product marks, service marks, certification marks, shape marks, sound marks, pattern marks, and collective marks.
- Product Mark is used for goods that are manufactured or produced by a particular company
- Service Mark is used for services provided by a particular company.
- A Certification Mark is used for a service or product to meet a standard or qualifications
- Shape Marks are used for goods based on their shape.
- Pattern Mark is used for goods based on a pattern
- Sound Marks are used for goods or services based on their sound.
- Collective mark is used for members and groups to identify their goods and services
Importance of Trademark Registration in India
Trademark Registration is important for businesses that protect their brand from others. It increases trust and loyalty to their customer. Here is a list of some benefits of trademark registration in India
- Make Differentiates for product or service
- Increase trust and loyalty to the customer
- Building brand value in the market
- Prevent stealing your business name from others
- Ensure product quality
- Use of the ® Symbol
Classes of Trademark
Trademarks are classified into 45 classes. All the classes are divided into two main categories: Goods(between 1-34) and Service(between 35-45)
Here is a list of the 45 trademark classes in India:
Here is the table of the list you provided:
| Class Number | Class Name |
|---|---|
| 1 | Chemicals |
| 2 | Paints |
| 3 | Cosmetics |
| 4 | Lubricants |
| 5 | Pharmaceuticals |
| 6 | Metals |
| 7 | Machines |
| 8 | Hand tools |
| 9 | Scientific Apparatus |
| 10 | Medical Apparatus |
| 11 | Environmental control apparatus |
| 12 | Vehicles |
| 13 | Firearms |
| 14 | Precious metals |
| 15 | Musical instruments |
| 16 | Paper goods |
| 17 | Rubber goods |
| 18 | Leather goods |
| 19 | Building materials |
| 20 | Furniture |
| 21 | Housewares |
| 22 | Ropes |
| 23 | Yarns |
| 24 | Textiles |
| 25 | Clothing |
| 26 | Fancy goods |
| 27 | Floor coverings |
| 28 | Toys |
| 29 | Meats |
| 30 | Staple foods |
| 31 | Natural agricultural products |
| 32 | Beers |
| 33 | Non-alcoholic beverages |
| 34 | Tobacco |
| 35 | Advertising and business |
| 36 | Insurance and finance |
| 37 | Construction and repair |
| 38 | Telecommunications |
| 39 | Transportation and storage |
| 40 | Treatment of materials |
| 41 | Education and Entertainment |
| 42 | Scientific and technological services |
| 43 | Food and drink services |
| 44 | Medical and veterinary services |
| 45 | Legal and security services |
Step to Register Trademark in India
Here is the step involved in applying for trademark registration in India
- Go to the Trademark Registration Website
- Fill in all details on the Trademark Registration Form
- Make the online payment
- Wait for the trademark registration application to be processed by one of the executives.
Document required for trademark Registration
Documents required for trademark registration are shown below
- Name of the applicant
- Type of business
- Nature of business
- Name of a brand
- Registrant’s Full Address
- Form-48
- Signatory identification evidence
- Proof of the signatory’s address
- Business validation
- MSME registration certificate/Udyog Aadhar (optional)
Above is the complete information about trademark Registration in India. We believe that this blog article may solve your doubts about trademarks. Thanks for your time. If you have any questions you can also check below some faq and if you have more doubts feel free to contact us. You can also contact us to file your trademark for a very minimal fee. So why wait to protect your brand right now WIth indiataxfile
FAQs,s for Trademark Registration in India
1. What is a Trademark?
Trademarks can be signs, designs, expressions, words, numbers, phrases, graphics, logos, or a mix of colors to identify and distinguish products or services. In simple words, It is used to represent the brands. The main purpose of a trademark is to protect a brand from others.
2. How long does it take to register a trademark in India??
The time to take trademark registration in India depends on many factors that is the type of application, the objection raised and the time takes to respond to the objection. In simple words, it can take 6 to 36 Months. but if there are no objections raised it can take 6 to 8 months.
3. What is the cost of Trademark registration in India?
The cost of trademark registration in India depends on the type of application and applicant for an individual it costs ₹4500 per class and for from it is ₹9000 per class. It includes government fees and professional fees. Government fee varied based on the type of application and applicant and professional fees depending on the service provider charges
4. What is the validity of a trademark in India?
Once the trademark is successfully registered it is valid for 10 years from the date of application. After 10 years trademark registration can be renewed
5. Can I register a foreign trademark in India?
Yes, a Foreign trademark can be registered in India. The process of foreign trademarks in India is handled by the Madrid Protocol. Madrid Protocol allows trademark owners to resister trademarks in multiple countries. The world Intellectual Property Organization(WIPO) regulates the Madrid Protocol. India has also the member of Madrid Protocol form July 8, 2013