21 Jan 2022

Avail your best Trademark registration @15 days including all registration services.

Overview

Trademark Registration is a legal document that provides protection for the brand and business of the owner. It is an asset of your company and helps to protect your brand from others using similar names.

A trademark can be created by the use of a word, name, or symbol in commerce for goods and/or services, to aid consumers in distinguishing the source of their merchandise. This phrase is often abbreviated “TM”.

Benefits of Trademark

  • It protects your brand name.
  • It helps you to get more customers
  • It helps you to get more money from your customers.

Why is Trademark Registration Important?

A trademark gives your business identity. It is a sign that you are the owner of something, and can make sure that nobody else uses it without permission. A trademark helps to distinguish your brand from the competition’s, and protect your brand’s reputation.

A trademark is a distinctive sign used by all members of a particular commercial establishment or group to identify their goods and services with the intention that consumers will recognize this as identifying those products from other producers. It tells consumers where to find these items, what they are called, that makes them, and provides many legal rights for owners as well as potential disadvantages.

What can you register in Trademark?

Nowadays, it is very important to protect your trademarks in order to avoid losing them or having them stolen. For this reason, if you want to register a trademark in India, it is best that you know the basics about what you can register and when.

  • Product Name
  • Business name
  • ISO 45001:2018 – Occupational Health & Safety Management System
  • Persons name/Surname
  • Logo for business
  • Tagline
  • Other Options- Color Mark, Sound Mark

Trademark Class

A trademark class is a division of trademarks according to the goods and services they cover. Trademark class is the type of trademark protection offered by a country. It is usually determined by the laws of the country in which you are filing your trademark application. The trademark class is divided into goods and services.

  • Class 1: for Chemicals, Resins, and Plastics.
  • Class 2: for Varnishes, Paints, and Anti-corrosion substances
  • Class 3: for Cosmetics, Hair Oils and Lotions, and Cleaning Preparations
  • Class 4: for Greases, Lubricants, and Fuels
  • Class 5: for Pharmaceutical, Medical, and Sanitary Preparations
  • Class 6: for Goods of Metals and Alloys, Ironmongery and Hardware Products
  • Class 7: for Equipment and Machinery
  • Class 8: for Hand-operated Devices and Tools
  • Class 9: for Scientific, Electrical, and Technological Apparatus
  • Class 10: for Medical and Surgical Instruments and Apparatus
  • Class 11: for Heating, Cooling, Drying, and Refrigerating Apparatus
  • Class 12: for Land, Air, and Water Vehicles
  • Class 13: for Explosives and Firearms
  • Class 14: for Precious Metals and Stones, and Jewelry Items
  • Class 15: for Diverse Musical Instruments
  • Class 16: for Paper Goods, Stationery Products, and Printed Materials
  • Class 17: for Rubber and Plastic Goods and Products
  • Class 18: for Products made of Hides and Leathers
  • Class 19: for Various Non-Metallic Building Materials
  • Class 20: for Furniture, and other precious household Articles
  • Class 21: for Kitchen Utensils, Household Appliances and Glass products
  • Class 22: for Ropes and Cordage, Fibers, and Stuffing materials
  • Class 23: for Threads and Yarns for uses in textiles
  • Class 24: for Textiles and Fabrics
  • Class 25: for Apparels and Clothing
  • Class 26: for Fringes and Fancy Goods and Products
  • Class 27: for Floor Coverings and Wall Hangings
  • Class 28: for Toys, Sporting, and Sports Goods
  • Class 29: for Meats and Processed Food Items
  • Class 30: for Auxiliary Food and Beverage Items
  • Class 31: for Agricultural and Horticultural Products
  • Class 32: for Beers, Light Beverages, and Fruit Juices
  • Class 33: for Wines and Spirits
  • Class 34: for Tobacco Products and Smokers’ Arti
  • Class 35: for Advertising and Business Services
  • Class 36: for Insurance and Financial Services
  • Class 37: for Building, Construction and Repair Services
  • Class 38: for Telecommunication Services
  • Class 39: for Transportation and Storage Services
  • Class 40: for Treatment of Materials Services
  • Class 41: for Education and Entertainment Services
  • Class 42: for Computer, Scientific and Legal Services
  • Class 43: for Hotels and Restaurants Services
  • Class 44: for Medical, Beauty, and Agricultural Service

What is a Trademark Objection?

A trademark objection is an act of filing a legal document to object to an existing trademark. This could be done by an individual or business, and it has nothing to do with the type of goods or services offered.

There are many reasons why one would file a trademark objection:

  • One may file a trademark objection in order to stop someone else from using their own trademark without permission.
  • A company might file a complaint against another company that they believe is infringing on its mark.
  • A third party may use a mark that’s similar to your brand’s mark and you might want to protect your name through filing for an injunction.

What is Trademark Opposition?

  • A trademark opposition is a legal process in which a third party, often a company or business, challenges the validity of a trademark.
  • The two parties involved in this process are the owner of the trademark and the person challenging it.
  • The opposing party will file an opposition document with the Trademark Trial and Appeal Board, who will then decide whether to allow or deny registration for that trademark.

Process

The following steps are required for registration

  • Step-1; Apply trademark application on https://ipindiaonline.gov.in/
  • Step-2; Submit required documents
  • Step-3; Submit all the things that are required to fill the form

What is Trademark Renewal?

Trademark renewal is a process where trademark owners can protect their trademarks from being or take back their existing trademarks that have been lost or abandoned. It is valid for 10 years after that one needs to file for Trademark Renewal. Trademark renewal file before the expiry of the trademark.

The renewal application form must be filled before the deadline to protect the trademark without any chances of complaint.

Renewal of a trademark may be done through:

1. Renewal application (if the original trademark was registered before July 3, 1989)

2. Section 8 Renewal (for trademarks first registered on or after July 3, 1989)

3. Abandonment (for those who failed to timely file an intent-to-use application).

What are the Restrictions when you are filing the Trademark Application?

When you are filing the trademark application, there are certain restrictions that come with it

Some of these restrictions include:

  • Your application will be rejected if someone else has already filed for a similar trademark.
  • If you don’t specify what goods or services your mark applies to, then your application will be rejected.

Why Taxlegit

Taxlegit is one of the platforms which coordinate to fulfill all your legal and financial requirements and connect you to professionals. The team of experts provides support in every phase of the Trademark Registration Process.

Frequently Asked Questions

It allows the applicant to use symbols or words to represent a business or the products that are offered by a business to differentiate between the goods and services that are offered by them from the competitors.
  • Step-1; Apply trademark application on https://ipindiaonline.gov.in/
  • Step-2; Submit required documents
  • Step-3; Submit all the things that are required to fill the form>

There are a few types of trademark symbols that you should know.>

  • TM – Marks the name or symbol of a company as a registered trademark, and can be found on any product.
  • SM – Marks the owner’s rights to use the design for commercial purposes.
  • R – Marks an individual’s right to use his/her own personal name or business name as a trademark.
The validity of the trademark registration is 10 years.
  • Any individual
  • A foreign company
  • Society or trust
  • Partnership firm
  • LLP or Private limited company
To understand the trademark name search, you can kindly refer to this link https://taxlegit.com/trademark-registration-objection-and-rectification/. Trademark also acts as a trademark checker to help their customers to create a unique logo for themselves. So, you can easily register a logo and get your TM number online.
The time it takes to get trademark registration in India is generally six months.

The most common mistakes that people make when registering their trademarks are:
1. Confusing trademark with copyright

2. Not understanding the difference between an intent-to-use and actual use of a trademark

3. Confusing trademark with the service mark

4. Confusing registered trademark with priority or priority application


Any mark that is identical or similar to an existing registered trademark or a trademark for which the application for registration is already in process, such trademarks cannot be registered.
Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate application is filed by paying prescribed Government fee.
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.
It includes the drafting of entire trademark application along with the guidance for appropriate classes. Moreover, the final filing using the Ministry Registered Attorney is also covered under the service offering of Trademark Application.
The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.
The trademark registration serves a validity period of 10 years in general.
IP Indian online is a government-backed web portal that allows Indian nationals to register for a trademark via electronic mode.
You can run a simple Trademark Search easily by visiting our website. However if you are serious about getting your Trademark registered, it is advised to get a professional to do through trademark search.
You can’t get that word. You should design the unique logo for your business that includes the name in it.
It all depends entirely on the Government judgment. But if it is unique it is highly likely that it will be guaranteed.

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