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Trademark

A trademark is a kind of intellectual property that consists of an identifiable design, phrase, or another element that distinguishes one source's goods or services from those of another.

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A trademark is a kind of intellectual property that consists of an identifiable design, phrase, or another element that distinguishes one source's goods or services from those of another. The proprietor of the trademark may be a human, a package, a label, a voucher, or the product itself. The term "service mark" can apply to a trademark that distinguishes a service.

Any word, phrase, symbol, or visual representation that distinguishes your products or services, or both, is referred to as a trademark. Customers use it to identify you in the marketplace and distinguish you from your competitors.

What does “Trademark” mean?

One prevalent fallacy is that by registering a trademark, you can legally claim ownership of a term or phrase and forbid others from using it. You do not, however, have any rights to the term or phrase in general; rather, your rights are limited to how it is used in connection with your particular products or services.

Consider the scenario where you utilize a logo as a trademark for your small woodworking company to identify and set it apart from competitors' products or services. The use of a comparable emblem for products or services unrelated to the woodworking industry by others is not something you can forbid.

Another widespread fallacy is that selecting a trademark that simply defines your products or services would be successful.

 

How To File a Trademark Registration Form in India?

The following actions/procedures must be followed to submit your trademark application:

  • Determine the trademark that should be registered.
  • Choosing the classification for which the trademark will be registered.
  • Find out if a trade name or mark is available for registration by using the Trade Mark Registry.
  • Applying through the Trade Marks Registry.
  • Obtaining recognition from the Trade Marks Registry.

 

Steps After Application Filing

  • The initial examination report will be released by Trade Marks Registry following the recognition (minimum 1-2 months required).
  • If there are any objections, they will send an objection letter after the exam; otherwise, they will send the examination record, which states that the mark is approved.
  • We must submit a reply and show up for a hearing at the Trademark Registry if there is an objection.
  • Publication in the Trademark Journal for Public Information is the next stage (minimum 4 months required).
  • During the time that our mark is being published, any third party may object.

 

Having a trademark vs, a registered trademark

When you begin utilizing your trademark in conjunction with your products or services, you are considered a trademark owner. By utilizing your trademark, you acquire rights to it, but such rights are only valid for the region in which you are selling your products or services. You must file for a national or international trademark if you want more robust, global rights.

You don't need to register your trademark. However, compared to an unregistered trademark, a registered trademark offers more rights and protections .For instance, you may use a logo as the trademark for the handcrafted shoes you sell at your neighbourhood market. You may elect to register your trademark as your company develops and evolves online if you want to provide your brand additional security. By registering your trademark, you provide it with national and international protection.

Chemical Productions Goods

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

Paint types products

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

Laundry Purpose Bleach products

Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices

Fuel and lubricant products

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks

Pharmaceutical products

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

Metal products

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

Machinery products

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

Hand tool products

Hand tools and implements (hand-operated); cutlery; side arms;

Scientific products

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

Surgical or Dental products

Surgical, medical, dental and veterinary apparatus and instruments,
artificial limbs, eyes and teeth; orthopaedic articles; suture materials

Apparatus for Lighting

Apparatus for lighting, heating, steam generating, cooking,
refrigerating, drying ventilating, water supply and sanitary purposes

Apparatus in Vehicles

Vehicles; apparatus for locomotion by land, air or water

Firearms products

Firearms; ammunition and projectiles; explosives; fire works

Jewelry products

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

Music related Instruments
Musical instruments
Mechanical pianos and their accessories; Musical boxes; Electrical
and electronic musical instruments

Paper and printed materials

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

Rubber realted products

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

Leather products (except clothing)

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

Non-metallic building material products

Building materials, (non-metallic), non-metallic rigid pipes for
building; asphalt, pitch and bitumen; non-metallic transportable
buildings; monuments, not of metal

Furniture products

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

Houseware products

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

Ropes and Strings type products

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

Thread products

Yarns and threads, for textile use

Textile and fabric products

Textiles and textile goods, not included in other classes; bed and
table covers

Clothing products
Clothing, footwear, headgear
Boots, bibs, knickers, shorts, shirts, sandals, tongs, hats,

Laces and Embroidery decorating products

Lace and embroidery, ribbons and braid; buttons, hooks and eyes,
pins and needles; artificial flowers

Products for floor

Carpets, rugs, mats and matting, linoleum and other materials for
covering existing floors; wall hangings(non-textile)

Toys and gaming products

Games and playthings, gymnastic and
sporting articles not included in other classes; decorations for
Christmas trees

Meat and Processed food products

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

Staple food products

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

Agricultural, Horticultural, and Forestry Products
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

Beers, minerals, aerated waters including other non-alcoholic drinks


Beers, mineral and aerated waters, and other non-alcoholic drinks;
fruit drinks and fruit juices; syrups and other preparations for making
beverages

Alcoholic Beverages (not including beers)
Alcoholic beverages(except beers)

Smokers products

Tobacco, smokers’ articles, matches

Advertising, business, and retail services

Advertising, business management, business administration, office
functions

Insurance & Financial services

Insurance, financial affairs; monetary affairs; real estate affairs

Building construction, repair & installation services
Building construction; repair; installation services, Bricks,

Telecommunications services
Telecommunications
communications by telegrams, communications by telephone,
communications by cellular phones, communications by computer
terminals, videoconferencing services, voice mail services, wireless
broadcasting

Transport and storage services

Transport; packaging and storage of goods; travel arrangement

Treatment of materials
Treatment of materials
Services of material treatment which may be present during the
production of any substance or object other than a building; for
example, services which involve cutting, shaping, polishing by
abrasion or metal coating.
Services relating to transformation of an object or substance and any
process involving a change in its essential properties (for example,
dyeing a garment); consequently, a maintenance service, although
usually in Class 37, is included in Class 40 if it entails such a change
(for example, the chroming of motor vehicle bumpers);

Education & entertainment services

Education; providing of training; entertainment; sporting and
cultural activities
rental of audio equipment, arranging of beauty contests, boarding
schools, booking of seats for shows, calligraphy services, providing
casino facilities [gambling], rental of cine-films / rental of motion
pictures, cinema presentations / movie theatre presentations,
circuses, club services [entertainment or education], coaching

[training], arranging and conducting of colloquiums, arranging and
conducting of concerts, arranging and conducting of conferences,
arranging and conducting of congresses, correspondence courses,
disc jockey services, discotheque services, dubbing, education
information, educational examination, electronic desktop publishing,
entertainer services, entertainment / amusements, entertainment
information, film production, other than advertising films,
conducting fitness classes, gambling, game services provided on-line
from a computer network, games equipment rental, providing golf
facilities, gymnastic instruction, health club services [health and
fitness training], holiday camp services [entertainment], providing
karaoke services, language interpreter services, layout services, other
than for advertising purposes, lending libraries, rental of lighting
apparatus for theatrical sets or television studios, providing on-line
electronic publications, not downloadable, providing on-line music,
not downloadable, providing on-line videos, not downloadable,
microfilming

Computers, Scientific and Software services

Scientific and technological services and research and design
relating thereto; industrial analysis and research services; design and
development of computer hardware and software

Food Services

Services for providing food and drink; temporary accommodation
Hotels, Motels, Restaurants, Retirement room, meeting rooms,
rentals of lighting, Canteen, Cafeteria
Services provided by persons or establishments whose aim is to
prepare food and drink for consumption and services provided to
obtain bed and board in hotels, boarding houses or other
establishments providing temporary accommodation.
Reservation services for travellers’ accommodation, particularly
through travel agencies or brokers.
Boarding for animals

Medical facilities and services

Medical services, veterinary services, hygienic and beauty care for
human beings or animals; agriculture, horticulture and forestry
services

Legal and Legitimate services

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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