Trademark Registration

Trademark Registration In India - An Overview

A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers.

The registration provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.

What Can You Register As a Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.

1. Name

a. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.

b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.

c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.

d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.

2. Logo/Symbol

It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.

3. Tagline

If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It's finger lickin' good’.

4. Other Options

a. Colour Mark: You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)

b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it's distinctive. Nokia has trademarked its tune.

c. Scent Mark: Even scents can be trademarked.

Why Is Trademark Registration Important?

Trademark registration is important and necessary for a business because:

  • It showcases your unique identity
  • It helps you build trust and loyalty among your customers
  • It offers legal protection for your brand’s identity
  • It is an asset in itself
  • It prevents unauthorized usage of your brand’s identity.

Trademark Classes

There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you apply for the trademark under all the applicable classes.

Some of the popular trademark classes in India are:

Classification of goods and services – Name of the classes

GOODS

  • Class 1: Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides, adhesive for use in industry, putties and other paste fillers, compost, manures and fertilizers; Biological preparations for use in industry and science.
  • Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes, inks for printing, marking and engraving, raw natural resins; metals in foil and powder form for use in painting; decorating; printing and art.
  • Class 3 Non-medicated cosmetics and toiletry preparations, Non-medicated dentifrices, perfumery, essential oils, Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations.
  • Class 4 Industrial oils and greases; wax, lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.
  • Class 5 Pharmaceutical, medical and veterinary preparations; sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
  • Class 6 Common metals and their alloys; ores, metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; Metal containers for storage and transport; safes
  • Class 7 Machines, machine tools, power operated tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated tools; incubators for eggs, automatic vending machines.
  • Class 8 Hand tools and implements (hand-operated); cutlery; side arms (except firearms); razors 
  • Class 9 Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signaling, detecting, testing, inspecting, life saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded or downloadable media, computer software, blank digital or analog recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices, computers and computer peripheral devices; Diving suit, divers mask, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimmers; fire-extinguishing apparatus.
  • Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials; Therapeutic and assistive devices adapted for persons with disabilities, massage apparatus; Apparatus, devices and articles for nursing infants; Sexual activity apparatus, devices and articles.
  • Class 11 Apparatus and installations for lighting, heating, cooling, steam generating, cooking, 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; jewellery, precious and semi-precious stones; horological and chronometric instruments 
  • Class 15 Musical instruments; Music stand and stand for musical instruments;conductor’s batons
  • Class 16 Paper and cardboard; printed matter; book binding material; photographs; stationery and office requisites (except furniture); adhesives for stationery or household purposes; drawing materials and materials for artist; paint brushes; instructional and teaching material; plastic sheets, films and bags for wrapping and packaging; printers' type; printing blocks
  • Class 17 Unprocessed or semi-processed Rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses not of metal.
  • Class 18 Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; umbrellas and parasols and walking sticks; whips, harness and saddlery; Collars, leashes and clothing for animals.
  • Class 19 Materials, not of metal, for building and construction, rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; Transportable building, not of metal; Monuments, not of metal. 
  • Class 20 Furniture, mirrors, picture frames; Containers not of metal, for storage or transport; Unworked or semi-worked bone, horn or mother- of-pearl; Shells, meerschaum; Yellow amber.
  • Class 21 Household or kitchen utensils and containers; Cookware and tableware, except folks, knives and spoons; combs and sponges; brushes (except paints brushes); articles for cleaning purposes; unworked or semi-worked glass (except building glass); glassware, porcelain and earthenware.
  • Class 22 Ropes and string; nets; tents and tarpaulins; Awning of textile or synthetic material; sails; sacks for the transport and storage of material in bulk; padding, stuffing and cushioning materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.
  • Class 23 Yarns and threads, for textile use
  • Class 24 Textiles and substitutes for textiles; Household linen; Curtains of textile or plastic
  • Class 25 Clothing, footwear, headwear
  • Class 26 Lace, braid and embroidery, haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers, hair decorations, false hair.
  • Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile
  • Class 28 Games, toys and playthings; Video game apparatus, gymnastic and sporting articles; decorations for Christmas trees
  • Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk, cheese, butter, yogurt and other milk products; oils and fats for food
  • Class 30 Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals, bread, pastry and confectionery, Chocolate, ice cream, shorbets, and other edible ices; Sugar, honey, treacle; yeast, baking powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice [frozen water]
  • Class 31 Raw and unprocessed agricultural, aquaculture, horticultural and forestry products; Raw and unprocessed grains and seed; fresh fruits and vegetables; Fresh herbs; Natural plants and flowers; Bulbs, seedlings and seed for planting; live animals; foodstuffs and beverages for animals, malt
  • Class 32 Beers, non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages
  • Class 33 Alcoholic beverages (except beers); Alcoholic preparations for making beverages.
  • Class 34 Tobacco and tobacco substitutes; Cigarette and cigars; Electronic cigarette and oral vaporizers for smokers; Smokers articles; matches

SERVICES

  • Class 35 Advertising, business management, organizing and administration; office functions.
  • Class 36 Financial, monetary and banking services; Insurance services; real estate affairs
  • Class 37 Construction activities; installation and repair services; Mining extraction; Oil and gas drilling
  • Class 38 Telecommunication services  
  • Class 39 Transport; packaging and storage of goods; travel arrangement.
  • Class 40 Treatment of materials; Recycling of waste and trash; Air purification and treatment of water; Printing services; Food and drink preservation
  • 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, Industrial research and Industrial design services; Quality control and authentication 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, aquaculture, horticulture and forestry services.
  • Class 45 Legal services; Security services for the physical protection of tangible property and individuals; Personal and social services rendered by others to meet the needs of individuals. 

If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

How to Register a Trademark With KingSingh Legal Consultants

The process of trademark registration online is more complicated than it appears. It involves a number of processes and government follow-up. KingSingh Legal Consultants has made it easier for you by breaking it down into three parts and doing the majority of the work. Register your trademark today to protect your company's logo, slogan, and brand.

Step 1: Trademark Search

Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.

Once you decide on an available trademark, we move to step 2.

Step 2: Class Selection and Document Collection

The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration in your dashboard.

Step 3: Trademark Application Filing

Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.

We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.

Congratulations! You can now start using the symbol ™ as the application has been submitted!

Step 4: Trademark Objection (in some cases)

Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.

Step 5: Trademark Opposition (in some cases)

There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.

Trademark Objections

In some cases, the trademark examiner might see certain problems or issues with the registration of your trademark. These issues can be either the filing of an incorrect trademark form, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.

Trademark Opposition

On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.

If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.

Documents Required for Trademark Registration

Initially, you have to provide us with the following details:

  • Applicant’s name
  • Business type
  • Business objectives
  • Brand/logo/slogan name
  • Registration address

The documents required are:

  • Signed Form-48
  • Identification proof of the signatory
  • Address proof of the signatory
  • Business proof (depends on the type of business)
  • Udyog Aadhar/MSME registration certificate (optional)

Why KingSingh Legal Consultants?

Here is why you should choose KingSingh Legal Consultants for trademark registration:

  • We conduct a thorough search of the TM directory
  • We prepare the authorization letter, so we can file for trademark registration on your behalf
  • Our experts guide you with the classes you need to apply under
  • We fill and apply with the Registrar
  • We constantly provide you with updates until the registration process is complete
  • You get the best support throughout the process and all your queries will be answered.
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