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.
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.
– 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.
– 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.
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.
- 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.
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.
– Registration fees INR 2,500
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
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.