Tag Archives: trademark class

Patent Trademark Office Chennai

Photo courtesy nic.in : Indian Patent Office, Chennai

PGN & WISSEN offers services for the trademark registration and legal services with the Trademark registry Chennai. If you are  a new startup or a company already into business for a long period. The first process of starting a business always begins with the naming of the business and the goodwill that starts generating from that name, from the early stage of the establishment. The business name, or the visual representation of such name, a product name, symbol, logo, and shape of goods are a intellectual property. Like the trade name, logo, brand name,  and slogan are the vital and visual representation of a business, products, and services. Legally, it is called as a “trademark”, a visual symbol of the business, that itself becomes a valuable asset, by the popularity, goodwill, and the brand reach etc.

Registering a trademark is a legal process provided for under the Trade Marks Act, 1999. An proprietor,  a trademark agent, or an attorney could file the trademark registration office. Registration has to be filed with the respective jurisdiction office. Registered Trademark is valid for 10 years and to be renewed further.

Following are the jurisdiction details.

TRADEMARK REGISTRY AHMEDABAD : Gujarat, Rajasthan, Union Territories of Daman, Diu, Dadra, Nagar Haveli.

TRADEMARK REGISTRY CHENNAI: Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island

TRADEMARK REGISTRY KOLKATA: Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nikobar Islands.

TRADEMARK REGISTRY MUMBAI : Maharashtra, Madhya Pradesh, Chhattisgarh and Goa

TRADEMARK REGISTRY NEW DELHI: Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh

Documents required : –

  • Logo/Slogan/Brand image in soft copy (Example logo.JPEG).
  • TM-1 Application for registration of trademark for goods or services falling in one class
  • TM 48 (form of authorisation). In case filed through an agent or attorney
  • Date of first use of the mark.
  • Name and address of the proprietor of the mark.
  • Fees according to type of registration.
 Trademark registration is  available for following visual representation  :

– Names, including your own name or surname.
– An invented word or any arbitrary dictionary word or words. It does not need to be descriptive of the character or quality of the goods/service.
– Letters or numerals or any combination.
– Symbols
– Monograms
– Combination of colours or even a single colour in combination with a word or device.
– Shape of goods or their packaging.
– Marks constituting a 3-dimensional sign.
– Sound marks when represented in conventional notation or described in words by being graphically represented.

What does the register of trademark contain?
Currently maintained in electronic form, the trademark contains the following:
– The class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers.
– Address of the proprietors.
– Particulars of trade or other description of the proprietor.
– The convention application date (if applicable).
– Place where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.
How to make a trademark application?

  • Form TM-1 with the prescribed fee of Rs 2,500 at trademark registry according to your jurisdiction.
  • Trademark search of your trademark name in the Indian trademark database, before filing your trademark. This is to check, if there are any previous trademarks, visually replicates your trademark.
  • Identify the class under which your trademark need to be registered. (Class is list of category of different industries based on products and services).
  • Upon registration an official receipt with a TM number is issued.
  • Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview.
  • Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.
  • As you defeat objections raised by the registrar, your application is then published in the Indian Trade Marks Journal, with an endorsement stating either that it has been accepted or that it is being published before acceptance.
Opposition and Acceptance

Once it is published, any third party person can file a notice of opposition to registration within 3 months.
Acceptance or refusal of your trademark application after the opposition proceedings and decision.

Costs for trademark transactions
– Registration fees INR 2,500
– Trademark Search fees to the agent or attorney, if the search is conducted by them. Normally costs INR 3000 to 5000
– Service fee to the agents or attorney.
Forms Required:  TM-1, TM-8, TM-48 – TM 8 required in case of more than one class.
Class headings :

THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002 

Classification of goods and services – Name of the classes 

(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). 

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.

TRADEMARK LAWYER

Type of Patent Applications, applies to most jurisdictions

Patent right is only limited to a country’s jurisdiction, however conventions and treaties extend the provision of the patent rights as an international nature, provided that the patent applications is filed and registered in specific manner, with the concerned authority.

As far as the Indian Patent system is concerned, there are 5 types of patent applications. It is classified under the Chapter 3 of Indian Patent Office Practice & Procedure Manual for patent filings.

Type :-

  1. Ordinary Application – A Patent Application which has to be filed directly in the Indian Patent Office.
  2. Convention Application. – Convention application is similar patent application, which has been already been in another jurisdiction. The application must be made  within twelve months after the date on which the first/basic application was made. The priority date relies on the date of the basic application.
  3. PCT Application. – Patent Cooperation Treaty provisions for an international patent filing, in which applicant gets an international filing date in all designated countries. The time limit for PCT application is based on the similar/basic application, which is about 30/31 months. That is, the National Phase patent application in India can be filed within 31 months.
    Patent application procedure
  4. Divisional Application – Section 16 of Indian Patent Act, which can result from dividing the claims of a Patent Application. Because, a patent application might have too many inventions/claims within one application, in such case, which has to be separated and filed independently.
  5. Patent of Addition – As per Section 54 of the Indian Patents Act, which may be filed subsequent to the Filing of an Application for Patent, for an improvement or modification.