Trade Mark Registration

Trade Mark (symbolizing a mark in trade) means a mark capable of being represented graphically and further capable of distinguishing goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. Essentially, it is anything that identifies a brand to a common consumer. “Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof. As per Section 13 of the Trade Mark Act, 1999, goods are classified into 34 classes and services are classified into 11 classes. For instance, Class 28 refers to Toys, Games, and Sports, and therefore if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights to sell your brand of toys under that class.

A trademark is registered in relation to a particular class of goods and/or services. Trademark can also be registered if mark is proposed to be used across different categories of classes of goods and/or services, wherein each class needs to be specified. Trademark Classes are as per NICE Classification which is an international classification of goods and services applied for the registration of marks, and can be accessed here. Classes 1-34 specify classes of goods and Classes 35-45 indicate classes of services.

Our Services in relation to Trademark Registration include:

  • Registration of Trademark Assignment, licenses and permitted use.
  • Registration of Logo Trademark in respect of brand logos that add distinctiveness to brand and business.
  • Registration of Slogan Trademark that leads to increased identification of brand and business.
  • Responding to objections in respect of examination reports and all communications from the Trade Mark Registry.
  • Appearing before the Trade Mark Registry for hearings in respect of applications.
  • Managing and filing all documents and information required for the purpose of registration, and keeping track of requirements of various stages of prosecution.

Process

  • ConsultationOur experts carry out due diligence to confirm if the mark for which client is seeking protection has good chances for registration (i.e. there is no other similar mark that is already filed/registered, which may become a hurdle during the registration period).
  • SearchOur Trade Mark Agent or Attorney conducts Availability Searches at the Indian Trade Mark Office to check if there are any similar Trade Marks already registered under that particular class (or a related class).
  • FilingBased on results of Availability Searches conducted, our Trade Mark Attorney will draft a Trade Mark application provided that your business name / logo is found to be distinctive and is not similar to an existing mark. If someone already has the same or similar Trade Mark, the mark being proposed for filing may need to be amended/changed.
  • Registration Once your Trade Mark Application is  filed / registered with the Indian Trade Mark Office, Government Trade Mark examiners check and approve the Trade Mark Application. Once approved, your Trade Mark is registered and you can start using the  symbol that provides notice that the word or symbol preceding the    symbol is a Trade Mark or a Service Mark that has been registered with the Indian Trade Mark Office.

Timelines

 

Details Required

  • Trade Mark/ Logo you wish to register.
  • Date of first use of the Trade Mark in India or confirmation that the mark is proposed to be used.
  • Name, Address, Nationality, and Particulars of the Applicant (whether Individual, Society, Trust, Partnership firm, or Company).
  • List of goods or services for which registration is required.
  • Address for correspondence with name, phone number and email id.