Trademark is to be considered as an Identity for your product or service. People might not remember the name of the organisation producing the product or rendering the services but do remembers the Name, Logo, Colour, or Shape. Trademark made such an impression in the mind of people that they start using the brand name to denote the product. Normally all the new entrepreneurs fail to protect their Intellectual property at the beginning stage of their business and start using some Name or logo on their product or service without filing a trademark with a view that will file it later when we will get established into the market. but this is a risky matter because if you plan to have trademark later that gives an open opportunity to the competitors to take the advantages of hard work done by any business entity to promote their brand either by filing for the same or similar brand name and restricting the business entity to do the business with name so created by them or by using the same or similar name to trade upon the hard work and good will and narrowing the market share of the entity. Our team of highly dedicated experts is ready to help you in the protecting your trademark / brand name / logo by getting misused and infringed by others.
There are total 45 classes of Trademark,which is further divided into two category goods and services. Out of these 45 classes,class 1 to 34 is categorized for goods and rest class 35 to 45 as services
Legal Protection is the basic and the most important objective behind trade mark registration,it gives you the right to own your registered trademark and prohibits anyone from using it without prior permission and if anyone uses
We generally feels that there is no some monopolistic competition in the market regarding the goods and services available as there are many persons providing same sort of services and trading in same sort of products available
Your business rivals will always have some thing similar to your product or service, but if you have trademark they can't have any thing similar to it as this is infringement of trademark and can end up into legal compe nsation.
A trademark once registered is valid for next 10 years form the date of filing. And can be renewed very easily after the completion of the validity period.
Name of an organization is the legal and market identity of it. As anyone can opt for similar name and can be your business rivals
Name of the product is its identity, for example if one says BISLERI the next thing strike in the mind is packaged in drinking water and nothing else
Tag line or slogan is highly connected to the product or service. It creates a different impression in the mind of every reader or listener.
Logo or image associated with the product is an important part for product identification equally important as the name of the product.
The Word mark is most popular category of trademark, also known as Standard Character Trademark. Where the words are simple written irrespective,
This is second most popular category of trademark, also known as composite mark. A mark made us with some artistic creation, combination of any word,colour, image,design,pattern and sty
This Category of mark is not very common in India. A mark filed to protect the shape of goods to create differentiation with the product associated with in the market among the consumers.
This Category of mark is also not in India and is not recommended to small organizations. A mark filed for protection of a specific colour or combination of colours associated with the Product or Service.
This is the most latest and rear category of Trademarks in India. If a sound is distinctive and plays a key role in identifying with the goods I service associated with it can be registered as Sound mark
Three Dimension mark or 3D marks are now becoming popular in India. A mark used to protect the product appearance or substantial packaging or three dimensional symbols of any product
Trademark filing process in India is completely online and one can file it from sitting in his office or at home. But we recommend appointing a specialist for trademark filing as they have vast knowledge and experience in trademark filing and in further actions also apply cant need an experienced person to respond to objection reply or attending hearings etc.
The process is defined as follows:
Documents and details required for trademark filing depends upon the legal status of the trademark applicant, a list of the documents and details required for trademark registration is mentioned below
The official fee for trademark filing is divided into two categories one is for Individuals / Small Business / Startups is INR 4,500- only and for all of the others such as Companies / LLP / Partnership / Trust / Society etc. is there INR 9,000- only
A foreign citizen or a foreign company can file a trademark in India either through WIPO under the MEDRID Protocols or can directly apply in Indian Trademark Registry. Official fee is to be calculated as per the method opted for trademark filing in India by a foreign citizen or a foreign company. Fee of WIPO can be calculated on WIPO website whereas a foreign citizen or a foreign company has to pay similar official fee for trademark filing in India i.e. INR 4,500- and INR 9,000- Respectively.
Our advice to all foreign citizens and foreign companies looking for trademark filing in India only, they must not use the WIPO filing system instead they should direct file a trademark in Indian Trademark Registry that will be economical compared to WIPO filing fee and in case of multination application one must use the WIPO filing system.
Trademarks in India can be filed by the following persons:
The best practice for Trademark Registration involves the following steps:
There could be so many adverse scenarios and if your trademark full fills a few conditions there is no harm done. But before understanding these scenarios we must need to under stand Trademark Infringement.
Section 29 of the Trademark Act,1999 has defined Infringement of a Registered Trademark. In summary of this section it can be said a person not being a registered owner or authorized person to use a trademark, use it for the similar goods or services or both is infringing the rights of the registered owner of trademark.
There are some penal provisions for trade mark infringement and are defined under section 102,103,104 and 105 of the Trademark Act,1999 and could further lead to Imprisonment or Fine or Both.
There are total 45 classes in Trademarks. Goods and Services are divide into these 45 classes as Class 1-34 covers the goods and rest Class 35 to 45 covers the service industry. For finding out an appropriate trademark class one can use the TM Classification tool available on IP INDlA website and can be reached at https://euipo.europa.eu/ec2/ alternatively one can avail the trademark classification service form an attorney or can contact us for the same.
If the goods or services are falling under different trademark classes one must find out the availability of brand name in all of these trademark classes and should take an appropriate decision accordingly. In such scenario we always recommend that if the mark or brand name seems ava ilable in all relevant trademark classes; one must apply trademark in all of these classes at earliest and if the to brand name or mark is unavailable or any similarities are existing one must avoid such a name.
If the products or services are falling in different trademark classes one must file trademark in all these classes. There are certain reasons behind that a to few of them are as follows:
For illustration Mr. A is selling Garments under his brand name "XYZ" in retail and online and he applied for trademark registration in class 25 for garments being garments covered in class 25 and ignored class 35 for online selling of garments and trading of garments Mr. B having a similar mark registered in class 35 for online selling of garments and trading of garments. In such a condition the complication could be like Mr. A can put the brand name of the product legally but can't do the retail or trading or online selling using the name as the rights are covered under class 35 and is registered with Mr. B. In such a case A is left with few options as to buy the trademark from B or has to obtain a license form B for Trading of Garments or apply a new and different trademark for Trading of garments in class 35.
If a trademark or brand name is already registered or applied by someone and you were willing to apply the same it is highly recommended that one must consult to a trademark attorney before applying such a trademark as this could lead to future legal complications and one need to check the following:
No, attorney is a law graduate and practicing in legal work such as sending legal notices and attending court and tribunal hearing and is enrolled with Bar Council where as a Practicing Company Secretary is enrolled with Institute of Company Secretaries of India. A practicing company secretary can be a lawyer but he can't do legal works as an attorney the ICSI has directed the guidelines in this regards and defined clearly that a practicing company. secretary can't do any other and profession or business other than the profession of company secretary as defined in the Company Secretary Regulations 1982.Practicing Company secretaries are categorized as a Trademark Agent even if they are law graduate.
As trademark scan be applied by many persons but there are certain advantage of having a trademark attorney for trademark filing. A few of the following advantages are as follows:
A person who is has attended the age of 21 and is a law graduate and enrolled with a Bar Council can register himself with Trademark Department for trademark filing and attending the matters on behalf of his clients.
No, any trademark marked for hearing can't be skipped by any means. Once a mark is flagged for hearing that should be attended else the hearing officer can refuse or can treat the application as abandoned or can take any other action as he deemed to the fine.
These days trademark department is conducting virtual hearing and only the authorized and registered attorney to the trademark can attend the hearing. It is advisable to not get influenced by anyone who is approaching and demanding any fee for trademark hearings and promising you to get the mark cleared
Unlike all other online platforms Alonika has a dedicated team of Trademark Attorneys and for trademark related matters and experienced professionals and have filed 5000+ trademark applications. The attorneys working with in Alonika are certified from WIPO, IP India, NLU's and Other LAW Institutes. The team of Alonika conduct detailed analyses before applying a mark and capable in predicting the possibility and probability of registra tion even before filing. The team keeps a track on trademark filed by them and share timely in updates to the applicants and define further course. The main object of Alonikais not to misguide the applicant and con him. thus there is a possibility that we might say "THE MARK IS NOT AVA ILAB LE" or "DO NOT FILE SUCH A TRADEMARK" most of the times instead to convey and make you believes that it is "AVAILAB LE". All other online platforms they are charging huge fee's for objection reply in a range of INR 2,000/- to INR 3,000/- and where no government fee is involved for objection reply of a trademark. At Alonika we charge only INR 750/- for objection reply of trademarks filed by us. Alonika is offering a range of services for trademarks in India compared to any other online platforms such as conducting official hearings and litigations, drafting of various agreements. trademark as sign ments and trademark rectification etc.
|Classes||Category of trademarks|
|Class 1||Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.|
|Class 2||Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants|
|Class 3||Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics|
|Class 4||All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.|
|Class 5||Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.|
|Class 6||Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes, and other small metal hardware, also ones are included|
|Class 7||Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs), and agriculture machines (hand-operated not included).|
|Class 8||Hand tools, cutlery, razors, and sidearms.|
|Class 9||Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.|
|Class 10||Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.|
|Class 11||Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.|
|Class 12||Vehicles and apparatus for locomotion (in/by land, air or water)|
|Class 13||Fireworks, Firearms, Explosives, and ammunition (also projectiles).|
|Class 14||Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.|
|Class 15||Any Musical Instrument|
|Class 16||Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paintbrushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.|
|Class 17||Rubber, mica, gutta-percha, asbestos, gum, and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).|
|Class 18||Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins, and traveling bags; parasols, umbrellas, and walking sticks also harness and whips.|
|Class 19||Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.|
|Class 20||Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.|
|Class 21||Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.|
|Class 22||“Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).|
|Class 23||Threads and Yarns (textile use).|
|Class 24||Textile and their goods; bed covers and table covers.|
|Class 25||Footwear, clothing, and headgear.|
|Class 26||Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.|
|Class 27||Mats, rugs, carpets and matting, linoleum, and other similar materials used for covering existing floors and also wall-hangings which are non-textile|
|Class 28||Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.|
|Class 29||Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk, and its products, oil (edible).|
|Class 30||“Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.|
|Class 31||Products from agriculture, forest and horticulture, and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals|
|Class 32||Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.|
|Class 33||Alcoholic drinks (excluding beers).|
|Class 34||Smoking articles, Tobacco, and matches.|
|Class 35||Business Management; advertising; business administration and other office functions.|
|Class 36||Financial affairs, Insurance; Monetary affairs; real estate affairs.|
|Class 37||Repair, Building construction, Installation Services.|
|Class 39||Packaging and storage of goods; Transport.|
|Class 40||Treatment of Materials.|
|Class 41||Providing training; Entertainment; sporting; Education and other cultural activities.|
|Class 42||Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their design.|
|Class 43||Services related to providing drinks and food or temporary accommodation.|
|Class 44||Any kind of Medical services (including Veterinary, hygienic, and beauty services) both for humans and animals; horticulture, agriculture, and forest services.|
|Class 45||Legal and security services; personal and social services.|