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What A TRADEMARK?

About Trademark (™)

In India, trademarks are registered under the Trademarks Act, 1999. The registration of a trademark provides the owner with exclusive rights to use the mark in connection with the goods or services for which it is registered. This means that no other person or entity can use the same or similar mark for similar goods or services without the consent of the trademark owner.

The registration of a trademark in India is valid for a period of ten years from the date of registration and can be renewed indefinitely for subsequent periods of ten years each. The process of registering a trademark in India involves filing an application with the Trademark Registry, examination of the application, publication of the mark in the Trademarks Journal, and issuance of the registration certificate upon completion of the registration process.

In India, trademarks are classified into 45 different classes based on the nature of goods or services for which they are used. These classes are further divided into two categories: Goods and Services.

The Goods category includes Classes 1 to 34, which cover various types of goods, including chemicals, paints, machinery, medical supplies, and more. Some of the commonly used classes under the Goods category are:

  • Class 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
  • Class 5: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
  • Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; fire-extinguishing apparatus
  • Class 25: Clothing, footwear, headgear

The Services category includes Classes 35 to 45, which cover various types of services, including advertising, transportation, telecommunications, and more. Some of the commonly used classes under the Services category are:

  • Class 35: Advertising; business management; business administration; office functions
  • Class 38: Telecommunications
  • Class 41: Education; providing of training; entertainment; sporting and cultural activities
  • 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

When applying for a trademark registration in India, it is important to specify the correct class or classes for the goods or services for which the trademark is being used.

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IS REGISTERING TRADEMARK IN INDIA WORTH IT?

Benefits of registering Trademark in India

Registering a trademark in India is important for several reasons:

  1. Legal Protection: Registering a trademark provides legal protection to the owner against unauthorized use of the mark by others. It gives the owner the exclusive right to use the trademark in connection with the goods or services for which it is registered.

  2. Brand Identity: A trademark helps to establish the brand identity and reputation of a business. It allows customers to identify and distinguish the products or services of one company from those of another.

  3. Business Asset: A trademark is a valuable asset for a business and can add significant value to the company’s overall worth. It can be licensed or sold to others, thereby generating revenue for the owner.

  4. Competitive Advantage: Registering a trademark can give a business a competitive advantage over its competitors. It can help to create brand recognition and loyalty among customers, thereby increasing the market share of the company.

  5. Global Protection: Registering a trademark in India can also provide protection in other countries if the owner decides to expand its business internationally.

Overall, registering a trademark in India is an important step for any business that wants to protect its brand identity, establish a competitive advantage, and generate revenue through licensing or sale of the trademark.

DIFFERENCE BETWEEN ™ AND ® REGISTRATION in India

Is Registering a Trademark ™ is different from Registered Mark ®?

A trademark is a symbol, design, word, phrase, or combination of these elements that is used to identify and distinguish the goods or services of one company from those of another. A registered trademark, on the other hand, is a trademark that has been officially registered with the relevant government authority, such as the Trademark Registry in India.

The main difference between a trademark and a registered trademark is that a registered trademark provides the owner with legal protection and exclusive rights to use the mark in connection with the goods or services for which it is registered. This means that no other person or entity can use the same or similar mark for similar goods or services without the consent of the trademark owner.

In contrast, an unregistered trademark may still be used by the owner to identify and distinguish its products or services in the market. However, the owner may not have the same level of legal protection and exclusive rights as a registered trademark owner.

Overall, while both trademarks and registered trademarks serve the same purpose of identifying and distinguishing the products or services of a business, a registered trademark provides the owner with additional legal protection and exclusive rights to use the mark.

Documents required to register a trademark in india

List of Documents Required

The list of documents required to register a trademark in India may vary depending on the type of applicant and the nature of the trademark being registered. However, some of the common documents that are required to be submitted along with the application for trademark registration are:

  1. Power of Attorney in favor of the authorized agent (if the application is filed by a trademark agent or attorney)
  2. Identity proof of the applicant, such as Aadhaar card, Passport, Voter ID card, or PAN card
  3. Address proof of the applicant, such as Aadhaar card, Passport, Voter ID card, or Utility bill
  4. Logo or image of the trademark (if applicable)
  5. Details of the goods or services for which the trademark is to be used
  6. Specimen of the trademark in use (if the trademark is already in use)
  7. Priority documents (if the trademark application is based on a foreign application)
  8. Partnership deed or company registration certificate (if the applicant is a partnership firm or company)
  9. User affidavit (if the trademark is already in use)

It is advisable to consult your dedicated account manager, as the requirements may vary depending on the specific case.

We Follow a Simple 4 Steps Company Registration Process!

TRADEMARK ONLY

Registration of Trademark
₨6999
₨ 5999 + GST
  • TRADEMARK REGISTRATION
  • CHECKING PLAGIARISM
  • ATTORNEY FEE INCLUDED
  • IDENTIFYING APPROPRIATE CLASS
  • IDENTIFYING APPROPRIATE CATEGORY
  • ORIGINAL LOGO DESIGN
  • BRAND NAME CREATION/SELECTION
  • WEBSITE CREATION FOR 1 YEAR
  • ONLINE BRANDING FOR 3 MONTHS
CLICK TO PAY

TRADEMARK PLAN 2

Registration of Trademark
₨10999
₨ 8999 + GST
  • TRADEMARK REGISTRATION
  • CHECKING PLAGIARISM
  • ATTORNEY FEE INCLUDED
  • IDENTIFYING APPROPRIATE CLASS
  • IDENTIFYING APPROPRIATE CATEGORY
  • ORIGINAL LOGO DESIGN
  • BRAND NAME CREATION/SELECTION
  • WEBSITE CREATION FOR 1 YEAR
  • ONLINE BRANDING FOR 3 MONTHS
CLICK TO PAY

TRADEMARK PLAN 3

Registration of Trademark
₨14999
₨ 11999 + GST
  • TRADEMARK REGISTRATION
  • CHECKING PLAGIARISM
  • ATTORNEY FEE INCLUDED
  • IDENTIFYING APPROPRIATE CLASS
  • IDENTIFYING APPROPRIATE CATEGORY
  • ORIGINAL LOGO DESIGN
  • BRAND NAME CREATION/SELECTION
  • WEBSITE CREATION FOR 1 YEAR
  • ONLINE BRANDING FOR 3 MONTHS
CLICK TO PAY
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