INTRODUCTION
Trademark Registration: Trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound, or even fragrance (not in India); nevertheless, most companies are only interested in registering their brand name or logo. Trademark owners have exclusive rights to use their marks in the categories in which they are registered (there are a total of 45 categories, called classes). According to some laws, Trademark is considered a form of property.
Owners of trademarks can easily establish their title to the trademark in court and earn royalties if they register it. It also deters piracy and prohibits other businesses from registering similar company names. You can do a trademark search to see if your brand name is similar to one that already exists. You can get a TM in India in three days, but it can take up to two years to get it registered so you can use the ® sign.
What is a trademark?
A trademark is a unique symbol, name, logo, or slogan that distinguishes your goods or services from others in the market. It is a powerful tool for brand recognition and helps build consumer trust. Registering a trademark provides legal protection, preventing others from using your mark without your permission. Trademarks can include words, phrases, symbols, designs, or a combination of these elements.
A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.
The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
A trademark:
- Identifies the source of your goods or services.
- Provides legal protection for your brand.
- Helps you guard against counterfeiting and fraud.
A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.
For example, let’s say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn’t mean you can stop others from using a similar logo for non-woodworking related goods or services.
Another common misconception is believing that choosing a trademark that merely describes your goods or services is effective. Creative and unique trademarks are more effective and easier to protect. Read more about strong trademarks.
Owning a trademark vs. having a registered trademark
You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you’re providing your goods or services. If you want stronger, nationwide rights, you’ll need to apply to register your trademark with us.
You’re not required to register your trademark. However, a registered trademark provides broader rights and protections than an unregistered one.
For example, you use a logo as a trademark for the handmade jewelry you sell at a local farmer’s market. As your business grows and you expand online, you might want more protection for your trademark and decide to apply for federal registration. Registering your trademark with us means that you create nationwide rights in your trademark.
Using the trademark symbols TM, SM, and ®
Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.
Once you register your trademark with us, use an ® with the trademark. You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.
A trademark is a sort of intellectual property that consists of a recognizable sign, design, or statement that distinguishes a particular source’s products or services from those of others. Despite the fact that trademarks used to indicate services are commonly referred to as service marks. An individual, business organization or legal entity can be an owner of a Trademark. Trademark may carry the following symbols:
- ™ Trademark symbol used for an unregistered trademark.
- ℠ Servicemark is used to promote brand service.
- ® Trademark used for a registered trademark.
TYPES OF TRADEMARK
Trademark is divided into two categories which are as follows
- General trademark – General trademark is further divided into the following types
- Generic Mark
- Suggestive Mark
- Descriptive Mark
- Arbitrary Mark
- Fanciful Mark
- Specific Trademark – Again specific trademark has the following types
- Service Mark
- Certification Mark
- Collective Mark
- Trade Dress
- Trade Name
- House Mark
- Family of Marks
- Sound Mark
- Pattern Mark
- Position Mark
- Hologram Mark
- Multimedia Mark
- Motion Mark
- Logotype
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
- Address proof and ID proof of the Individual or Proprietor in case of sole proprietor
- Udyog Aadhar Registration Certificate
- Copy of logo optional
- Signed form-48
- Partnership deed or Incorporation deed
- Address proof and ID proof of signatory in case of partnership/company/LLP
- PAN & Passport
PROCEDURE FOR TRADEMARK REGISTRATION
- Choose Trademark – Trademark registration starts with the selection of the trademark; decide what trademark you will use; it must be a unique sign which will identify your goods or services. After choosing the trademark sign, do a search whether a chosen mark is similar to a registered trademark. This can be checked with the help of the online website of the controller general of patents, designs and trademarks.
- Submit Application Online/offline – Submit application with required documents both online as well as offline.
- Document verification – After filling the application, The Government officials will process and verify the trademark application and documents. If there is any objection, the applicant must submit it within 30 days.
- Grant of Trademark – At last, a trademark is granted.
Trademark Class Search
At IndiaFilings, we understand the significance of protecting your brand and intellectual property. One essential step in this process is conducting a thorough trademark class search. Trademarks are crucial business assets, offering protection and exclusivity to your brand name, logo, or slogan. Understanding trademark classes and their importance and conducting an efficient trademark category analysis is crucial for successful trademark registration. We proudly offer our Trademark Class Finder Tool and comprehensive services to help you secure your brand identity.
What is a Trademark Class?
Trademarks are categorized into various classes based on the type of goods or services they represent. The World Intellectual Property Organization (WIPO) established a classification system called the Nice Classification. This system comprises 45 Trademark classes, each representing a specific category of goods or services. Assigning your trademark to the correct class is crucial for effective protection and registration.
Trademark class List
The trademark class list serves as a comprehensive framework, categorising a wide range of goods and services into 45 distinct classes to streamline the trademark registration process. For businesses aiming to safeguard their intellectual property, grasping the nuances of this classification system is essential. It not only aids in precisely identifying the category that best fits their products or services and ensures that their trademarks are adequately protected against infringement.
Trademark classification of goods
| Class | Description |
|---|---|
| Trademark Class 1 | Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed plastics; chemical substances for preserving foodstuffs; |
| Trademark Class 2 | Paints; varnishes; preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; decorators; printers and artists; |
| Trademark Class 3 | Bleaching preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; |
| Trademark Class 4 | Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks; |
| Trademark Class 5 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; disinfectants; fungicides, herbicides; |
| Trademark Class 6 | Common metals and their alloys; metal building materials; small items of metal hardware; pipes and tubes of metal; goods of metal not included in other classes; |
| Trademark Class 7 | Machines and machine tools; machine coupling and transmission components; agricultural implements other than hand-operated; incubators for eggs; |
| Trademark Class 8 | Hand tools and implements (hand-operated); cutlery; side arms; razors |
| Trademark Class 9 | Scientific, electric, photographicl, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers; |
| Trademark Class 10 | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; |
| Trademark Class 11 | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes |
| Trademark Class 12 | Vehicles; apparatus for locomotion by land, air or water |
| Trademark Class 13 | Firearms; ammunition and projectiles; explosives; fire work |
| Trademark Class 14 | Precious metals and their alloys and goods in precious metals; jewellery, precious stones; horological and other chronometric instruments |
| Trademark Class 15 | Musical instruments |
| Trademark Class 16 | Paper, cardboard and goods made from these materials; printed matter; stationery; brushes; typewriters and office requisites; plastic materials for packaging; |
| Trademark Class 17 | Rubber, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes; |
| Trademark Class 18 | Leather and imitations of leathe; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; |
| Trademark Class 19 | Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. |
| Trademark Class 20 | Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum or of plastics |
| Trademark Class 21 | Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi-worked glass; glassware and earthenware; |
| Trademark Class 22 | Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials |
| Trademark Class 23 | Yarns and threads, for textile use |
| Trademark Class 24 | Textiles and textile goods, not included in other classes; bed and table covers. |
| Trademark Class 25 | Clothing, footwear, headgear |
| Trademark Class 26 | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers |
| Trademark Class 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile) |
| Trademark Class 28 | Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees |
| Trademark Class 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, fruit sauces; eggs, milk and milk products; edible oils and fats |
| Trademark Class 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar; spices; ice |
| Trademark Class 31 | Agricultural, horticultural and forestry products and grains; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt |
| Trademark Class 32 | Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages |
| Trademark Class 33 | Alcoholic beverages(except beers) |
| Trademark Class 34 | Tobacco, smokers’ articles, matches |
Trademark Classification of Services
| Class | Description |
|---|---|
| Trademark Class 35 | Advertising, business management, business administration, office functions. |
| Trademark Class 36 | Insurance, financial affairs; monetary affairs; real estate affairs. |
| Trademark Class 37 | Building construction; repair; installation services. |
| Trademark Class 38 | Telecommunications. |
| Trademark Class 39 | Transport; packaging and storage of goods; travel arrangement. |
| Trademark Class 40 | Treatment of materials. |
| Trademark Class 41 | Education; providing of training; entertainment; sporting and cultural activities. |
| Trademark Class 42 | Scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software. |
| Trademark Class 43 | Services for providing food and drink; temporary accommodation. |
| Trademark Class 44 | Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| Trademark 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. |
The above table outlines the trademark class list; it’s important to remember that selecting the appropriate class is key to effectively registering and protecting your trademark.
Key Benefits of Performing a Trademark Category Analysis
Here are several key reasons why conducting a TM class search is crucial:
- Avoiding Conflicts: Conducting a TM Class search helps identify existing trademarks that may conflict with your proposed mark. This prevents potential legal disputes and costly litigations.
- Registration Success: Assigning your trademark to the correct class ensures a higher chance of successful registration. An accurate classification minimizes the risk of rejection by the trademark office.
- Protection of Brand Identity: Registering your mark in the appropriate class ensures your brand is protected within your industry, allowing you to operate confidently.
- Market Expansion: As your business grows, having a well-classified trademark allows you to expand into new product or service categories under the same mark.
Our Trademark Class Finder Tool
IndiaFilings makes searching for TM Classes easy with our cutting-edge TM Class Finder Tool. This user-friendly tool streamlines the classification process, helping you quickly and accurately identify the suitable class for your trademark. By utilising this tool, you can save time and resources while ensuring your brand’s protection.
Why Choose IndiaFilings for Trademark Services?
At IndiaFilings, we offer a comprehensive range of trademark services, including trademark registration, class search, and more. Here’s why you should choose us:
Expert Guidance
Our experienced professionals provide expert guidance throughout the trademark registration process, ensuring a smooth and hassle-free experience.
Efficiency
Our Trade Class Finder Tool streamlines searching for TM classes, ensuring swift and precise results that help you effectively secure your brand identity.
End-to-End Solutions
We offer a one-stop solution for all your trademark-related needs, from initial searches to registration. Take the first step in protecting your brand today with IndiaFilings’ trademark class finder and registration services. Contact our experts now to get started on your trademark journey. We offer expert guidance and comprehensive trademark registration services to meet all your intellectual property needs.
Sample of a Grant Certificate for Trademark
