TRADEMARKS REGISTRATION, BASICS, PROCESS AND PROCEDURE
A trademark is a symbol, a word, or words legally registered or established by use as representing a company or a product. It is a recognizable sign or an expression which identifies products or services of a particular source (individual business, legal entity or a company) from others.
One vital function of a trademark is to exclusively identify the commercial source or origin of products or services. Trademarks basically serve to distinguish one specific or distinct business as the source of goods or services. It must be noted here that certain exclusive rights are attached to a registered trademark.
Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes wherein
Registering trademarks in India is a legal process and trademarks and everything pertaining to them is governed under the Trade Marks Act of 1999.
Process for registering trademarks: The process for registering for one’s own trademark may seem tedious and difficult, but it is really not. It may be a little lengthy but it is quite an easy procedure.
1. A soft copy of the logo in JPEG format.
2. TM 48 (a form of authorisation).
3. The date of the first use of the mark.
4. Name and address of the proprietor of the mark.
TYPES OF TRADEMARKS AVAILABLE:
Under the Trade Marks Act, 1999, a number of types of trademarks have been listed. People wishing to get their business or company trademarked can choose from a number of trademarks such as the following:
1. Names (including that person’s name and surname).
2. An invented word or any word or words from the dictionary. It need not be descriptive of the kind of product of service.
3. Letters or numbers in any combination.
6. Shape of goods or packaging.
7. Combination of colours or a single colour in combination with a word or device.
8. Marks that are of a 3 dimensional sign.
THINGS THAT A REGISTERED TRADEMARK CONTAINS:
This, being currently maintained in an electronic form, consists of the following:
1. Address of the proprietors.
2. Convention application date (if applicable).
3. Particulars of trade or other description of the proprietor.
4. The class and goods or services in respect of which they are registered.
5. Place where a trademark has been registered with the permission of the proprietor.
HOW TO APPLY FOR A TRADEMARK:
1. A person wishing to apply for a trademark can do so by filing an application for a trademark with the prescribed fee at office of Trade Marks Registry Delhi. This will depend on where the person so concerned resides or has their main office of business.
2. Pre-filing search before filing for the trademark application to ensure that the Mark is not already in registered.
3. Once the trademark application is submitted, registry will issue an official receipt with an application number, from that day symbol of Trade mark i.e. (™) can be used by the applicant.
4. The application will be looked into so as to make sure that there is no conflict with already registered trademarks or those which are pending and confirming that the Trade Mark filled is unique and distinctive. Sometimes objection is also raised by the Registrar of Trade Marks on the grounds that the applied mark is already in use or filled or it cannot be registered as the Mark is not distinctive.
5. In case objection is raised, official Examination report will be issued and reply of the Examination report need to be filled in 30 days from the date of Examination report issued. If the Registrar of Trade Marks is satisfied by the reply to examination report filled by applicant than the application will be accepted and publishes the same in the Indian Trade Marks Journal. Otherwise an opportunity to defend the application by way of hearing is provided to Applicant.
6. Once this Journal is published, any person in the general public or otherwise has a time period of four months to file a notice of objection or opposition. In case no objection is raised. Than the Trade Mark registration Certificate will be issued and after this the applicant can use the registered trademark symbol (®).
TIME PERIOD OF A TRADEMARK
A trademark, once registered, is durable for a period of 10 years. This can be renewed for another 10 years by payment of the requisite amount of fees.
INFRINGEMENT ON TRADEMARK RIGHTS
Trademark infringement is a violation of the exclusive rights that are attached to a registered trademark and use of the registered Trademark without the authorisation of the trademark owner or licensee. Infringement may occur when the person infringing uses a trademark which is identical or confusingly similar to a registered trademark owned by another person in relation to the goods or services provided by the trademark owner. There are two types of remedies available for infringement to the owner of trademark. One is an action for passing off in the case of an unregistered trademark. This is common law remedy. The Civil remedies available are suit for injunction i.e. stay against the use of Trademark and can also claim for the loss suffered by the trademark owner. The other remedy is an action for infringement in case of a registered trademark. This is a statutory remedy. In such cases, a criminal case can also be filed. Under the Trade Marks Act, 1999, the offences under the Act are cognizable, meaning that the police can lodge an FIR (First Information Report) and prosecute the offenders directly.
|Classification of goods and services|
|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; Putties and other paste fillers; Compost, manures, fertilizers; Biological preparations for use in industry and science|
|Class 2.||Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil; inks for printing and powder form for painters; decorators; printers and artists|
|Class 3.||Non-medicated cosmetics and toiletry preparations; 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, wax; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks for lighting|
|Class 5.||Pharmaceutical, medical and veterinary preparations; Sanitary preparations; dietetic substances adapted for medical use, food for babies; dietary supplements for human 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; metal building materials; transportable buildings of metal; materials of metal for railway tracks; materials for construction; transportable buildings of metal; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; Metal containers for storage or transport; safes; goods of common metal not included in other classes; ores|
|Class 7.||Machines and machine tools; motors and engines (except for land vehicles); power-operated tools; machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; Automatic vending machines|
|Class 8.||Hand tools and implements (hand-operated); cutlery; side arms;|
|Class 9.||Scientific, nautical, surveying, electric, 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; 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; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles|
|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 saddler; collars, leashes and clothing for animals|
|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); cookware and tableware; combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware|
|Class 22.||Ropes, string, nets, tents and, tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk and bags; padding, cushioning and stuffing materials(except of rubber or plastics, rubber, cardboard 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, headgear|
|Class 26.||Lace and embroidery, ribbons and braid; 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(non-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, fruit sauces; eggs, milk and milk products; edible oils and fats for food|
|Class 30.||Coffee, tea, cocoa, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, edible ices; , sugar, honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice|
|Class 31.||Raw and unprocessed agricultural; agricultural, horticultural and forestry products; raw and unprocessed grains and seeds; 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 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.|
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