TRADEMARKS REGISTRATION, BASICS, PROCESS AND PROCEDURE
INTRODUCTION
A trademark is a symbol, a word, or words legally registered or established by use as representing a company or a product. It is a recognizable sign or an expression
which identifies products or services of a particular source (individual business, legal entity or a company) from others.
One vital function of a trademark is to exclusively identify the commercial source or origin of products or services. Trademarks basically serve to distinguish one
specific or distinct business as the source of goods or services. It must be noted here that certain exclusive rights are attached to a registered trademark.
Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes wherein
1 to 34 – Pertaining to Goods
35 to 45– Pertaining to Services
Registering trademarks in India is a legal process and trademarks and everything pertaining to them is governed under the Trade Marks Act of 1999.
Process for registering trademarks: The process for registering for one’s own trademark may seem tedious and difficult, but it is really not. It may be a little lengthy
but it is quite an easy procedure.
DOCUMENTS REQUIRED:
A soft copy of the logo in JPEG format.
TM 48 (a form of authorisation).
The date of the first use of the mark.
Name and address of the proprietor of the mark.
TYPES OF TRADEMARKS AVAILABLE:
Under the Trade Marks Act, 1999, a number of types of trademarks have been listed. People wishing to get their business or company trademarked can choose
from a number of trademarks such as the following:
Names (including that person’s name and surname).
An invented word or any word or words from the dictionary. It need not be descriptive of the kind of product of service.
Letters or numbers in any combination.
Monograms.
Symbols.
Shape of goods or packaging.
Combination of colors or a single color in combination with a word or device.
Marks that are of a 3 dimensional sign.
THINGS THAT A REGISTERED TRADEMARK CONTAINS:
This, being currently maintained in an electronic form, consists of the following:
Address of the proprietors.
Convention application date (if applicable).
Particulars of trade or other description of the proprietor.
The class and goods or services in respect of which they are registered.
Place where a trademark has been registered with the permission of the proprietor.
HOW TO APPLY FOR A TRADEMARK:
A person wishing to apply for a trademark can do so by filing an application for a trademark with the prescribed fee at office of Trade Marks Registry Delhi.
This will depend on where the person so concerned resides or has their main office of business.
Pre-filing search before filing for the trademark application to ensure that the Mark is not already in registered.
Once the trademark application is submitted, registry will issue an official receipt with an application number, from that day symbol of Trade mark i.e. (™)
can be used by the applicant.
The application will be looked into so as to make sure that there is no conflict with already registered trademarks or those which are pending and confirming
that the Trade Mark filled is unique and distinctive. Sometimes objection is also raised by the Registrar of Trade Marks on the grounds that the applied mark is
already in use or filled or it cannot be registered as the Mark is not distinctive.
In case objection is raised, official Examination report will be issued and reply of the Examination report need to be filled in 30 days from the date of Examination report
issued. If the Registrar of Trade Marks is satisfied by the reply to examination report filled by applicant than the application will be accepted and publishes the same
in the Indian Trade Marks Journal. Otherwise an opportunity to defend the application by way of hearing is provided to Applicant.
Once this Journal is published, any person in the general public or otherwise has a time period of four months to file a notice of objection or opposition. In case no objection
is raised. Than the Trade Mark registration Certificate will be issued and after this the applicant can use the registered trademark symbol (®).
TIME PERIOD OF A TRADEMARK
A trademark, once registered, is durable for a period of 10 years. This can be renewed for another 10 years by payment of the requisite amount of fees.
INFRINGEMENT ON TRADEMARK RIGHTS
Trademark infringement is a violation of the exclusive rights that are attached to a registered trademark and use of the registered Trademark without the
authorization of the trademark owner or licensee. Infringement may occur when the person infringing uses a trademark which is identical or confusingly
similar to a registered trademark owned by another person in relation to the goods or services provided by the trademark owner. There are two types of
remedies available for infringement to the owner of trademark. One is an action for passing off in the case of an unregistered trademark. This is common law
remedy. The Civil remedies available are suit for injunction i.e. stay against the use of Trademark and can also claim for the loss suffered by the trademark owner.
The other remedy is an action for infringement in case of a registered trademark. This is a statutory remedy. In such cases, a criminal case can also be filed. Under
the Trade Marks Act, 1999, the offences under the Act are cognizable, meaning that the police can lodge an FIR (First Information Report) and prosecute the offenders directly.
Classification of goods and services – Name of the classes[1]
Class 1. 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
Class 2 . 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
Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics,
hair lotions, dentifrices
Class 4 . Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5 . 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
Class 6. 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
Class 7 . 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
Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 . 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
Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class 12 . Vehicles; apparatus for locomotion by land, air or water
Class 13 . Firearms; ammunition and projectiles; explosives; fire works
Class 14 . 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
Class 15. Musical instruments
Class 16 . 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
Class 17 . 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
Class 18 . 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
Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20 . 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
Class 21 . 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
Class 22 . 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
Class 23 . Yarns and threads, for textile use
Class 24 . Textiles and textile goods, not included in other classes; bed and table covers.
Class 25 . Clothing, footwear, headgear
Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27 . Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 . 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
Class 30 . 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
Class 31. 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
Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33 .Alcoholic beverages(except beers)
Class 34 . Tobacco, smokers' articles, matches
SERVICES
Class 35 .Advertising, business management, business administration, office functions.
Class 36 .Insurance, financial affairs; monetary affairs; real estate affairs.
Class 37 . Building construction; repair; installation services.
Class 38. Telecommunications.
Class 39. Transport; packaging and storage of goods; travel arrangement.
Class 40. Treatment of materials.
Class 41. Education; providing of training; entertainment; sporting and cultural activities.
Class 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer
hardware and software.
Class 43. Services for providing food and drink; temporary accommodation.
Class 44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
[1] https://ipindiaservices.gov.in/tmrpublicsearch/classfication_goods_service.htm