Trademark & Brand Name Registration, India

Trade Mark and/or Brand Name are the capable of distinguishing the goods manufactured by one manufacturer or service provider from that of others. We need to have protection over our Trade Mark or Brand Name as it represents our organization to the world. We today are very brand conscious and trade mark is certainly very precious and significant if we wish to create brand.
Benefits of Registration of Trademark
Trademark provides nationwide protection to the businessman.
   
It ensures that the name of Business entity remains protected as others can not use it for their business. Registered Trademark acts as a constructive notice to all other persons that they shall be refrained from using the trademark as their own.
Once trademark is registered it prevents likelihood that any other party claims as its their trademark.
Once the trademark is registered, it is visible on India’s trademark portal @ ipindia.nic.in and also easily searched on the same by agents or attorney, so that they shall not proceed with the registration of same or similar trademark.
Registered trademark holder can sue any other person for infringement, if that person uses the trademark without consent of owner for his benefit. 
Trademark is significant from the point of view of the layman as, it is very important that brands remain protected or else anyone will come up in the market and start his own product in the name of reputed brand and confuse the consumer.
It also plays vital role as to protect creditworthiness of the brand created by a businessman by prolonged quality. If the protection is not there any person with substandard goods may hamper the good credentials of businessman.
Section 27 of The Trademarks Act, 1999
No Action for infringement of unregistered trademark. 
No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.
  
Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof.
Interpretation to section 27 of Trademarks Act, 1999
Accordingly any person whose logo or mark is not registered, is not entitled to bring suit against any other person for infringement of his mark nor he can ask for any compensation for that same. However it recognizes the common law rights of the trade mark owner to take action against any person for passing off goods as the goods of another person or as services provided by another person or the remedies thereof.

  Ozg Registration, Approval & Licensing Consultant 
Website: http://license.ozg.in

Phone # 098.735.23276  | 088.007.25647    

To book an appointment with Ozg Registration, Approval & Licensing Consultants, please go to: ozgcenter.com/appointment

 
 

Procedure for Registration of Trademark
Following are the steps for registration of Trademark in India.
Soft Search: It is very important to take soft search of the logo or mark proposed to be registered. Previously Trademark authorities provided the facility for physical search by them on payment of Rs. 500/-, however after updation of Trademark portal, physical search facility is no longer available and applicant must make a soft search w.r.t. trademark proposed to be registered.
Preparation of Application:After search completed and on being satisfied that prima facie same or similar mark is not registered under same class, applicant can process ahead for registration.
The application has to be made in prescribed form. The forms should be filled up as per the formats provided under Trademark Rules and forms.
Along with application, fees has to be paid as prescribed by Trade mark authorities.  Currently its Rs. 3500/-
After making application to the trademark authorities, scrutiny is done by registering authorities. If any incomplete information is given, same is notified to the applicant.
After acceptance of application we get the application number for future reference.
After that the Trademark is published in trademark journal.
If at the time of publication of trademark in journal, no objection is received then trademark shall be processed and registered.
If any opposition is received on the trademark so published, then Registrar issues applicant notice of opposition.
On receipt of this opposition letter, applicant needs to file his reply for the same. If necessary Registrar issues order for hearing on the same.
After hearing the Registrar shall give his decision.
If case is decided in favor of applicant, the Registrar shall issue Certificate of registration otherwise application for registration shall be rejected.  
Effect of Registration of Trademark
Once the trademark is registered the owner of the same gets absolute right w.r.t that trademark and no other person is allowed to copy or otherwise make use of same or similar trademark. The owner shall get the right to sue any person for infringement of the same or receive the compensation from the person infringing the trademark.   

  Ozg Registration, Approval & Licensing Consultant 
Website: http://license.ozg.in

Phone # 098.735.23276  | 088.007.25647    

To book an appointment with Ozg Registration, Approval & Licensing Consultants, please go to: ozgcenter.com/appointment

 
 

CLASSES FOR REGISTRATION OF TRADEMARK IN INDIA
In India trademark is registered in 45 classes according to Fourth Schedule to the Trade Mark Rule, 2002. The Classification is mainly based on two broad categories i.e. Manufacturer and Service Provider. First 34 Classes i.e. 1 – 34 are for Manufacturer whereas Class No. 35 – 45 are for various services.
Following are the Classes as per Trade Mark Rules.
FOR MANUFACTURER
    Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastic; manure; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuff; tanning substances; adhesive used in Industry.
2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants  mordants  raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices.
4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminant; candles, wicks.
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.
6. Common metals and their alloys; metal building material; transportable buildings 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 but not included in other classes; ores
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
8.  Hand tools and implements (hand-operated); cutlery; side arms; razors.
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.
10. Surgical, medical, dental and veterinary apparatus and instruments,  artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
11.Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes.
12. Vehicles; apparatus for locomotion by land, air or water.
13. Firearms; ammunition and projectiles; explosives; fire works
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.
15. Musical instruments.
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
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.
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 saddler.
19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
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.
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; steel wool  non worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
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
23. Yarns and threads, for textile use
24. Textiles and textile goods, not included in other classes; bed and table covers.
25.  Clothing, footwear, headgear.
26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
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.
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
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.
32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
33. Alcoholic beverages (except beers)
34. Tobacco, smokers’ articles, matches

  Ozg Registration, Approval & Licensing Consultant 
Website: http://license.ozg.in

Phone # 098.735.23276  | 088.007.25647    

To book an appointment with Ozg Registration, Approval & Licensing Consultants, please go to: ozgcenter.com/appointment

 
 

FOR SERVICE PROVIDERS
35. Advertising, business management, business administration, office functions.
36. Insurance, financial affairs; monetary affairs; real estate affairs.
37. Building construction; repair; installation services.
38. Telecommunications.
39. Transport; packaging and storage of goods; travel arrangement.
40. Treatment of materials.
41. Education; providing of training; entertainment; sporting and cultural activities.
42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43. Services for providing food and drink; temporary accommodation.
44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
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. 
At the time of filing we have to select the class under which our product or service falls. The Fees is charged on the basis of per class, hence in case of multiple classes we need to pay that much fees.
Parts of an article or apparatus are, in general classified with the actual article or apparatus, except where such parts constitute articles included in other classes.

  Ozg Registration, Approval & Licensing Consultant 
Website: http://license.ozg.in

Phone # 098.735.23276  | 088.007.25647    

To book an appointment with Ozg Registration, Approval & Licensing Consultants, please go to: ozgcenter.com/appointment

 
 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s