Trademark Registration

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Trademark Registration

Are you looking for Trademark Registration in India? Then, you are at the right place. We offer Trademark Registration at an affordable cost & quick turnaround. Get in touch for a free Trademark Search & Class Selection!

  • Consultation for trademark eligibility and requirements
  • Thorough trademark search for conflicts
  • Preparation and filing of trademark application
  • Monitoring and addressing objections
  • Status updates on application progress
  • Assistance with oppositions or challenges
  • Provision of registration certificate and post-registration guidance

An Overview of Trademark Registration Online

A Trademark refers to a recognizable phrase, word, symbol, name, design, image, or combination of these that denotes a particular product & legally differentiates it from all other products. In simple terms, a Trademark identifies a product as belonging to a particular company & recognizes the Company’s ownership of the brand. Trademarks are usually considered a type of IP (Intellectual Property) & may/may not be registered. Trademarks & its rights are safeguarded by the Trademark Act, 1999. To get the protection of Trademark Rights one has to register the Trademark. It’s vital to get Trademark Registration Online done because it prevents others from copying your Trademark & misrepresenting other products with your mark.

List of Different Trademark Classes in India

In India, trademarks are categorized into 45 classes based on the Nice Classification system. Each class represents a distinct category of goods and services. Following is the list of different Trademark Classes in India.

Goods Classes (1-34):

  • Class 1. Chemicals used in industry, science, and photography, as well as in agriculture, horticulture, and forestry.
  • Class 2. Paints, varnishes, lacquers, and preservatives for wood and metal.
  • Class 3. Cosmetics and cleaning preparations, including soaps and perfumes.
  • Class 4. Industrial oils and greases; lubricants; fuels; candles and wicks.
  • Class 5. Pharmaceuticals and other preparations for medical or veterinary purposes.
  • Class 6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks.
  • Class 7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles).
  • Class 8. Hand tools and implements (hand-operated); cutlery; side arms; razors.
  • Class 9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving, and teaching apparatus and instruments.
  • Class 10. Surgical, medical, dental, and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopedic 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; fireworks.
  • Class 14. Precious metals and their alloys; jewelry, precious and semi-precious stones; horological and chronometric instruments.
  • Class 15. Musical instruments.
  • Class 16. Paper, cardboard, and goods made from these materials; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office requisites.
  • Class 17. Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials; plastics 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, hides; trunks and traveling 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; combs and sponges; brushes (except paintbrushes); brush-making materials; articles for cleaning purposes; 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

Services Classes (35-45):

  • Class 35. Advertising and 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; 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.

In the process of Medical Devices Registration, various types of licenses and services are involved, primarily focusing on ensuring the safety, efficacy, and quality of the devices being introduced into the market. Some of the types and distinctions of licenses/services typically associated with medical device registration are:

  • Registration Certificate (RC): The primary authorization required for medical device registration in India is the Registration Certificate issued by the Central Drugs Standard Control Organization (CDSCO). It signifies that the device complies with regulatory standards and is approved for sale and distribution.
  • Import License: An import license is required for manufacturers or importers to bring medical devices into the country for commercial purposes. It is obtained from the CDSCO or other relevant authorities.
  • Manufacturing License: Manufacturers need a valid manufacturing license from the CDSCO to produce medical devices within India. This license ensures adherence to quality standards and regulatory compliance in the manufacturing process.
  • Quality Management System (QMS) Certification: Compliance with QMS standards such as ISO 13485 is often mandatory for certain classes of medical devices. Certification ensures that the manufacturing processes and quality control meet defined standards.
  • Test License/Approval for Clinical Trials: In cases where clinical data is required, manufacturers might need a test license or approval from the CDSCO to conduct clinical trials for the medical device. This allows for the evaluation of the device’s safety and efficacy in human subjects.
  • License for Special Categories: Some specialized medical devices or those falling under specific categories might require additional licenses or approvals based on their nature, complexity, or intended use. This includes devices like radioactive medical devices, etc.
  • Post-Market Surveillance Services: Post-market surveillance services involve monitoring the performance of the device after it’s introduced into the market. This includes tracking adverse events, conducting safety assessments, and ensuring compliance with ongoing regulatory standards.
  • Certifications and Approvals from Recognized Bodies: Devices might require certifications or approvals from recognized international bodies or conformity assessment bodies to demonstrate compliance with specific standards, enhancing credibility and market acceptance.

What is the Role of Trademark Registry?

Trademark Registry was first established in 1940 and then came the Trademark Act, 1999 which was passed in the year 1999. At present, the Trademark Registry works as the functional body of the Trademark Act, 1999. Also, Registry implements all the Rules & Regulations of the Trademark Law in India. The main head office of the Trademark Registry is in Mumbai & it has various other branches in Ahmedabad, Delhi, Kolkata, and Chennai. When registering a Trademark in India, it is registered under the Trademark Act, 1999 and in the process, the Trademark Registry will check carefully whether the registering mark meets all the conditions of the Trademark Act before registering it.

Benefits of Trademark Registration Online in India

Following are the benefits of Trademark Registration Online in India:

1. Gives Exclusive Rights:

The actual owner of a registered Trademark will be able to have exclusive rights over their Trademark. The same Trademark can be applied by the Trademark Owner for all the products that come under the same classes. With these rights on the products or services permit the Trademark Owner to stop any type of unauthorized use of the registered Trademark.

2. Provides Unique Identity:

Customers will recognize the product or service only with the brand name or Trademark. Registering a Trademark guarantees that competitors will not apply it & so it remains a Company’s distinctive asset.

3. It Protects, Builds Commercial Goodwill:

An owner of a registered Trademark has the ability to build & protect the goodwill of their products or services. The Trademark owner can stop other traders from using their trademark illegally. The owner can also sue the infringer for using the brand name & demand damages for any infringement.

4. Legal Protection:

An owner of a registered Trademark has the legal right to sue anyone in case of infringement.

5. Creation of an Asset:

Trademark Registration creates an intangible asset and registered Trademark can be assigned, sold, franchised, or commercially contracted to bring benefits to the Company or the owner.

Who can apply for Trademark Registration Online in India?

A Trademark application can be filed by

  • Private Firms
  • Individuals
  • Companies like Private Limited, OPC, LLP, Public Limited, Partnership & so on
  • NGOs

In the case of LLPs and NGOs the Trademark must be applied for Registration in the name of the proposed company or a business.

Documents required for Trademark Registration Online in India

Following are the crucial documents required for Trademark Registration Online in India:

For Individual:

Any one of the following documents are required for individuals:

  • Copy of Aadhar Card;
  • PAN Card;
  • Driving License (Permanent)
  • For Startup: For Startup, one is required to provide the Certificate of Recognition issued by the DPIIT.
  • For Sole Proprietorship: GST Registration Certificate is required for Registration.
  • For Partnership Firm or LLP:

If the Registration of Trademark is done by a Partnership Firm then they must provide the following documents:

  • LLP Incorporation Certificate;
  • LLP Deed;
  • GST Certificate;
  • Udyam Aadhar Registration Certificate (optional).
  • For MSME: If the Registration is done by MSME then they should provide Udyam Aadhar Registration Certificate issued by MSME.
  • For Private Limited Company: If the application for Trademark Registration is filed by a Private Limited Company, then they should provide the following documents along with the application:
  • Incorporation Certificate;
  • Udyam Aadhar Registration Certificate (optional).

For HUF (Hindu Undivided Family):

  • PAN Card of HUF
  • Deed of the Constitution of HUF.

For a Trust:

  • Trust Deed
  • Registration Certificate
  • PAN Card in the Trust Name.

For a Society:

  • If a Society is pursuing the Trademark Registration Process then it shall submit the Registration Certificate which is issued by the Registrar of Co-operative Societies.

Following are some common documents required for Trademark Registration Online in India:

  • User affidavit
  • Graphical Representation of Trademark
  • Power of Authorization of an Agent.

Apply for Trademark Registration Online with GST Wala

Following is the detailed step by step procedure for Trademark Registration Online in India:

Step 1: Trademark Search:

Our experts at GST Wala checks the Trademark availability on behalf of their clients to ensure that their desired name or design hasn’t already been taken or is not too identical to an already registered Trademark.

Step 2: Application Filing & Submission:

Once the above step is completed successfully, then our experts will file the Trademark application on your behalf and you can immediately start using the TM symbol. We will provide you with the TM Application Number. We file the application either online or offline at the Trademark Department Office. A Trademark can be filed only by a registered agent or lawyer.

Step 3: Examination of Trademark Application:

Once the application is completed, then your Trademark application will be examined by the Trademark office in the same class or the name is considered offensive, hurting religious sentiments. If no objection is raised, then the Trademark Registrar will publish an advertisement in the Trademark Journal. If no opposition is filed by any party within a period of 4 months then the Trademark should be registered within 6 months. During this period, our lawyers constantly provide you with updates regarding your application status. You will need to pay an extra fee in case of such objections.

Step 4: Hearing:

If the objection has been filed on your Trademark & the opposition doesn’t agree with your response, then a hearing is held. We appoint lawyers for extra charges to take up your case thoroughly in front of the Registrar.

Step 5: Issuance of Trademark Registration Certificate:

In cases where no objections/oppositions are raised, the Trademark Registration Certificate will be prepared & issued to the actual owner of the Trademark. At this point, the ® symbol can be added to the Trademark or Logo.

Validity of Trademark Registration Online in India

In India, all registered Trademarks are valid for 10 years from the date of Trademark Registration Online. At the end of the validity, a Trademark can be renewed by simply giving the Government fee for the Registration within 6 months through Form TM-12 from the date of expiry of the Trademark. An expired Trademark can be renewed via Form-13 (Restoration & Renewal) after 6 months & within 1 year from the expiration of the last Trademark Registration Online.

Why GST Wala for Trademark Registration?

Following is the documents required for Startup India Company Registration:

  • We conduct a thorough Trademark Search of the TM Directory
  • We prepare the Authorisation Letter, so our experts can file for Registration on your behalf
  • Our experts or lawyers guide you with the Trademark Classes you need to apply under
  • Our experts will file & apply with the Trademark Registrar
  • We constantly provide you with updates until the process is complete.

FAQs

A trademark is a symbol, word, or phrase that uniquely identifies and distinguishes goods or services of one business from those of others.

Registering a trademark provides legal protection, exclusive rights to use the mark, and helps prevent others from using a similar mark for similar goods or services.

Trademark registration online can last indefinitely if you continue to use the mark and renew it periodically.

Logos, brand names, slogans, and even sounds or scents associated with products or services can be trademarked.

™ indicates common-law trademark rights, while ® signifies a federally registered trademark.

No, but hiring a trademark attorney can ensure proper filing and increase the chances of successful registration.

It can take anywhere from several months to a year or more, depending on the complexity of your application.

The cost varies, but filing fees with the USPTO typically range from $250 to $400 per class of goods or services.

Yes, you can apply for international trademark protection through the Madrid System or individual country registrations.

You can take legal action to protect your trademark, including sending cease-and-desist letters or filing a lawsuit for damages.

No, trademarks cannot be granted for generic terms, but they can be registered if they acquire secondary meaning.

A specimen of use is evidence that your trademark is being used in commerce, such as product labels or advertising materials.

Yes, trademarks can be transferred through an assignment, sale, or licensing agreement.

If you don’t renew your trademark, it may expire, and you could lose the exclusive rights to use it.

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