Category: Indian Trademark Act

How do I check a trademark name? When can you use the TM symbol? What are the three types of trademarks? What is trademark in simple words?

FAQs On Trademark

Frequently asked questions for Trademarks

Ques 1: What is a Trademark?

Ans: A Trademark is an Intellectual Property asset obtained for certain names, recognizable sign, symbols, designs, devices, or words or expression associated with the company’s corporate, product brand and identity. A trademark is a sign capable of distinguishing the goods or services of one enterprise from its competing enterprises. Trademarks used to identify services are usually called service marks.

Ques 2: What are different types of trademarks that may be registered in India?

Ans: There are 7 different types of trademarks that are registered in India

  1. Product Mark
  2. Service Mark
  3. Collective Mark
  4. Certification Mark
  5. Shape Mark
  6. Pattern Mark
  7. Sound Mark

Ques 3: What are the benefits of registering a trademark?

Ans: Benefits of regestring a trademark:

*Grants Exclusive Rights;

*Protects others from using your trademark;

*Differentiates your Products from competitor’s Products;

*Recognition to product’s Quality;

*Creates image for the goods/ services;

*Advertises the goods/services;

*Protects against infringement.

Ques 4: Who can apply for Trademarks?

Ans: Any person who is an individual, a company, a proprietor or a legal entity claiming to be owner of the trademark can apply for trademark.

Ques 5: What does TM and R signify, when can we use them?

Ans: The symbol “TM” means “Trademark”  and signifies any mark filed with the Trademark Office.

The “R” means “registered trademark” and signifies the trademark is registered and validated by theTrademark Office for the product or service.

Ques 6: Where should trademark application be filed?

Ans: Trademark applications can be submitted filed physically at the Front Office Counter of the Indian Patent Office or filed on line through the e-filing gateway available at the official website www.ipindia.nic.in.

Ques 7: What is the validity of the trademark?

Ans: Validity of trademark is 10 years from the date of application. The trademark can renewed indefinitely by paying renewal fees  every 10 years. In India, a renewal request is filed in FORM TM-R within one year before the expiry of the last registration of trademark.

Ques 8: What is classification of goods adopted in India?

Ans:  Nice Classification is adopted for classification of goods and services. Accodring to Nice Classification:

Classes 1-34: For Goods

Classes 35-45: For Services

Ques 9:Are trademarks territorial?

Ans: Yes, Trademarks are territorial in nature and must be filed in the countries the aplicant seeks for protection.

Ques 10: Can a registered trademark be amended at later stage?

Ans: Yes, a registered trademark can be amended at a later stage as per the provision of Section 22  of the Trademark Act.

Section 22 in The Trade Marks Act, 1999

22. Correction and amendment.—The Registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under section 18, permit the correction of any error in or in connection with the application or permit an amendment of the application: Provided that if an amendment is made to a single application referred to in sub-section (2) of section 18 involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making of the divided applications so divided.

Ques 11: Can a trademark be removed on the ground of non-use?

Ans: Yes, a trademark can be removed on gounds of non- use as per the Section 47 of the Indian Trade Marks Act of 1999 if

  1. That the trade mark was registered without any bona fide intention and was not used till a date three months before the date of the application for removal; or
  2. Trademark is not used for a continuous period of five year from the date of registration of trademark and application was made after three months from the expiry of five years.

Ques 12: What are the different grounds for refusal of registration of a trademark under the trademarks Act?

Ans: Different grounds for refusal of registration of a trademark under the trademarks Act

Absolute Grounds – (Section 9 of the Act)

Relative Grounds (Section 11 of the Act)

Ques 13: How to file International Trademark Application?

Ans: An applicant can file an International trademark Applicantion:

Madrid Protocol: Using a single application to register the trademark in multiple countries by taking priority of one of the countries; or

Direct filing: Registering the trademark directly in the Trademark Office of jurisdiction of interest for soughting protection in that particular jurisdiction with or without taking priority in the domestic country.

Note: Under Madrid Protocol protection can only be obtained in member countries and these member countries listed below:
http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=8

c
trademark classes india pdf trademark class list india pdf trademark class 35 trademark class 11 trademark classes explained trademark class 39 class 41 trademark india trademark class 30 Page navigation

Trademark Classes

Trademark classification is the classification of goods and services . Trademarks are classified into several classes under Nice Classification (NCL).  There are different classes for registering marks for goods and services i.e TM classes 1-34 classify goods and TM classes 35-45 classify services.

Description of classes under Nice classification is as explained below:

Trademark Class 1 Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed plastics; chemical substances for preserving foodstuffs;
Trademark Class 2 Paints; varnishes; preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; decorators; printers and artists;
Trademark Class 3 Bleaching preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions;
Trademark Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks;
Trademark Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; disinfectants; fungicides, herbicides;
Trademark Class 6 Common metals and their alloys; metal building materials; small items of metal hardware; pipes and tubes of metal; goods of metal not included in other classes
Trademark Class 7 Machines and machine tools; machine coupling and transmission components; agricultural implements other than hand-operated; incubators for eggs
Trademark Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors
Trademark Class 9 Scientific, electric, photographicl, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers;
Trademark Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials;
Trademark Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Trademark Class 12 Vehicles; apparatus for locomotion by land, air or water
Trademark Class 13 Firearms; ammunition and projectiles; explosives; fire works
Trademark Class 14 Precious metals and their alloys and goods in precious metals; jewellery, precious stones; horological and other chronometric instruments
Trademark Class 15 Musical instruments
Trademark Class 16 Paper, cardboard and goods made from these materials; printed matter; stationery; brushes; typewriters and office requisites; plastic materials for packaging;
Trademark Class 17 Rubber, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes
Trademark Class 18 Leather and imitations of leathe; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery;
Trademark Class 19 Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Trademark Class 20 Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum or of plastics
Trademark Class 21 Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi-worked glass; glassware and earthenware;
Trademark Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Trademark Class 23 Yarns and threads, for textile use
Trademark Class 24 Textiles and textile goods, not included in other classes; bed and table covers.
Trademark Class 25 Clothing, footwear, headgear
Trademark Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Trademark Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Trademark Class 28 Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Trademark Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Trademark Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar; spices; ice
Trademark Class 31 Agricultural, horticultural and forestry products and grains; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Trademark Class 32 Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Trademark Class 33 Alcoholic beverages(except beers)
Trademark Class 34 Tobacco, smokers’ articles, matches
Trademark Class 35 Advertising, business management, business administration, office functions
Trademark Class 36 Insurance, financial affairs; monetary affairs; real estate affairs
Trademark Class 37 Building construction; repair; installation services
Trademark Class 38 Telecommunications.
Trademark Class 39 Transport; packaging and storage of goods; travel arrangement.
Trademark Class 40 Treatment of materials.
Trademark Class 41 Education; providing of training; entertainment; sporting and cultural activities.
Trademark Class 42 Scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software.
Trademark Class 43 Services for providing food and drink; temporary accommodation.
Trademark Class 44 Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Trademark 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.


For detailed classification visit https://www.wipo.int/classifications/nice/nclpub/en/fr/ 

c