Trademark Registration.

A trademark is a type of intellectual property consisting of recognizable sign, design ,or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.

Documents required for trademark registration.

In below all the documents is required:-

• PAN card of Signatory.
• Aadhaar card of Signatory.
• Copy of Logo (Optional).
• Signed Form-48.
• Udyog  Aadhaar Registration Certificate.
• Incorporation Certificate or Partnership Deed.
• PAN card,  memorandum of association , articles of association in content of company.
• Digital signature (Class 3).

CLASSES OF TRADEMARK:

• Class 1 (Chemicals)
• Class 2 (Paints)
• Class 3 (Cosmetics and Cleaning Preparations)
• Class 4 (Lubricants and Fuels)
• Class 5 (Pharmaceuticals)
• Class 6 (Metal Goods)
• Class 7 (Machinery)
• Class 8 (Hand Tools)
• Class 9 (Electrical and Scientific Apparatus)
• Class 10 (Medical Apparatus)
• Class 11 (Environmental Control Apparatus)
• Class 12 (Vehicles)
• Class 13 (Firearms)
• Class 14 (Jewelry)
• Class 15 (Musical Instruments)
• Class 16 (Paper Goods and Printed Matter)
• Class 17 (Rubber Goods)
• Class 18 (Leather Goods)
• Class 19 (Non-metallic Building Materials)
• Class 20 (Furniture and Articles Not Otherwise Classified)
• Class 21 (Housewares and Glass)
• Class 22 (Cordage and Fibers)
• Class 23 (Yarns and Threads)
• Class 24 (Fabrics)
• Class 25 (Clothing)
• Class 26 (Fancy Goods)
• Class 27 (Floor Coverings)
• Class 28 (Toys and Sporting Goods)
• Class 29 (Meats and Processed Foods)
• Class 30 (Staple Foods)
• Class 31 (Natural Agricultural Products)
• Class 32 (Light Beverages)
• Class 33 (Wines and Spirits)
• Class 34 (Smokers' Articles)
• Class 35 (Advertising and Business)
• Class 36 (Insurance and Financial)
• Class 37 (Building, Construction and Repair)
• Class 38 (Telecommunication)
• Class 39 (Transportation and Storage)
• Class 40 (Treatment of Materials)
• Class 41 (Education and Entertainment)
• Class 42 (Computer, Scientific and Legal)
• Class 43 (Hotels and Restaurants)
• Class 44 (Medical, Beauty, and Agricultural)

What are the benefits of trademark registration ?

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

01

Date of first use of the trademark in India, if at all used or else the application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application, an affidavit testifying to such use along with supporting documents required for trademark registration, shall have be filed along with the application. [The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.].

02

A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application. If the certificate is not in English, a notarized English translation is required.

03

Power of Attorney : A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).

04

A partnership firm, body corporates can give a certificate of registration under MSME or Start-up India scheme to get a 50% rebate on the Government fee.

Following are few Trade Mark forms:-