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.