trademark registration in India, trademark search and trademark registration procedure explained in detail
trademark search | trademark classification | trademark registry | trademark | trademark registration procedure | tm search | trademark search| trademark registration
Q1 What is the meaning of Trademark?
Trademark in a very simple words means a mark or a name which a person has exclusive rights and title to use it.
Q2 Is it compulsory to apply for Trademark?
It is not a compulsory provisions but if you want safety of your Brand name that your goodwill should not be used by someone else then you must apply for it.
Q3 Is there any Government Fees for making application for Trademark?
Yes, 4500/- is payable if an individual or small entity applies for Trademark application.
Q4 How much time does it take to get a Trademark Registered or getting (R) symbol?
It approximately took at least 4-6 months to get a trademark registered.
At the first instance TM permission is given to the applicant.
Next application is scrutinized by the Registrar.
Then the application is published in Trademark Journal.
Then after 4 months of publishing in Trademark Journal, an application gets status of (R).
Q5 Once Registered, is it valid for life time?
No, once registered, a trademark is valid for 10 years.
Registered holder needs to renew his application before expiry of 10 Years.
Q6 How will i assure myself whether the application will be approved or not?
Trademark has 45 classes depending upon the product/service.
First search your brandname in the class/classification, if a similar or matching mark/logo/brandname exists, then your probability is less to get your brandname/trademark registered.
Q7 How a trademark is search or what is the procedure to do trademark search
For doing trademark search one needs to go the official link of Government website i.e.
for doing trademark search click on the below link
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
when clicking at the above link it will take you to the following link
Now you can search for the wordmark for which you want to apply for trademark and also mention the class under which your product comes
Thus always suggested to apply for a unique or different brandname.
Trademark means Registering Brand Name along with Logo at ipr (intellectual property rights) website i.e. www.ipindiaonline.gov.in
For getting a trademark or brand name registered one needs to first check whether the proposed name/brand name is available in the class proposed for registration.
Basically there are 45 trademark classes
For Example: If one wants to get its brand name of footwear registered as trademark with the name XYZ then he has to first check its availability under class 25 at (intellectual property rights) website i.e. www.ipindiaonline.gov.in
Trademark classes are summarized below for your ready reference
1. Items covered under class 1 of Trademark are
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
2. Items covered under class 2 of Trademark are
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
3. Items covered under class 3 of Trademark are
Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
4. Items covered under class 4 of Trademark are
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
5. Items covered under class 5 of Trademark are
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
6. Items covered under class 6 of Trademark are
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
7. Items covered under class 7 of Trademark are
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
8. Items covered under class 8 of Trademark are
Hand tools and implements (hand-operated); cutlery; side arms; razors
9. Items covered under class 9 of Trademark are
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.
10. Items covered under class 10 of Trademark are
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
11. Items covered under class 11 of Trademark are
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes.
12. Items covered under class 12 of Trademark are
Vehicles; apparatus for locomotion by land, air or water
13. Items covered under class 13 of Trademark are
Firearms; ammunition and projectiles; explosives; fire works.
14. Items covered under class 14 of Trademark are
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments.
16. Items covered under class 16 of Trademark are
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
17. Items covered under class 17 of Trademark are
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.
18. Items covered under class 18 of Trademark are
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.
19. Items covered under class 19 of Trademark are
Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
20. Items covered under class 20 of Trademark are
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.
21. Items covered under class 21 of Trademark are
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.
22. Items covered under class 22 of Trademark are
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
23. Items covered under class 23 of Trademark are
Yarns and threads, for textile use.
24. Items covered under class 24 of Trademark are
Textiles and textile goods, not included in other classes; bed and table covers.
25. Items covered under class 25 of Trademark are
Clothing, footwear, headgear
26. Items covered under class 26 of Trademark are
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
27. Items covered under class 27 of Trademark are
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
28. Items covered under class 28 of Trademark are
Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
29. Items covered under class 29 of Trademark are
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.
30. Items covered under class 30 of Trademark are
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.
31. Items covered under class 31 of Trademark are
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
32. Items covered under class 32 of Trademark are
Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
33. Items covered under class 33 of Trademark are
Alcoholic beverages(except beers)
34. Items covered under class 34 of Trademark are
Tobacco, smokers' articles, matches
Services covered under trademark
35. Items covered under class 35 of Trademark are
Advertising, business management, business administration, office functions.
36. Items covered under class 36 of Trademark are
Insurance, financial affairs; monetary affairs; real estate affairs.
37. Items covered under class 37 of Trademark are
Building construction; repair; installation services.
38. Items covered under class 38 of Trademark are
Telecommunications.
39. Items covered under class 39 of Trademark are
Transport; packaging and storage of goods; travel arrangement.
40. Items covered under class 40 of Trademark are
Treatment of materials.
41. Items covered under class 41 of Trademark are
Education; providing of training; entertainment; sporting and cultural activities.
42. Items covered under class 42 of Trademark are
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43. Items covered under class 43 of Trademark are
Services for providing food and drink; temporary accommodation.
44. Items covered under class 44 of Trademark are
Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
45. Items covered under class 45 of Trademark are
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
Compiled by
CS Ruchi Dawar
Agra
ruchi.dawar@gmail.com
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