LEGAL PRINT

TRADEMARK REGISTRATION

TRADEMARK REGISTRATION

Brand name is a licensed innovation of any individual or business, however it is exhorted that the brand name ought to be enrolled for the sake of a person, as the brand name enlisted under the business would be named invalid assuming the business shuts down. Protected innovation can be any conspicuous sign, plan, or articulation that could remarkably recognize the help or result of a specific business. The Trademark which is utilized to recognize a specific help or products is typically named Service Marks too. Brand names can be claimed by any individual or business or any legitimate substance.

Use Of Trademark

Trademark are utilized to recognize the brand proprietor of a specific help or item. Trademark must be utilized by others just under authorized arrangements. Assuming anybody duplicates a brand name to help selling under-quality labor and products for minimal addition then that interaction is called brand robbery. On this record, the proprietor of the brand name can seek after legitimate activity against the individual or business performing brand name encroachment. Yet, lawful move must be made in a large portion of the nations provided that your brand name is officially enlisted.

Registration Process

Trademark registration in India is done by either the Ministry of Commerce and Industry or by the Government of India or Controller General of Patents Design and Trademarks. Trademark registration is a long process since it takes around eighteen to twenty-four(18-24) months for approval. Before applying for trademark thorough research has to be done to make sure that no one else has applied for the same trademark design before. Also, the intellectual identity’s specializations or properties should stand unique, only then will your application for trademark be accepted. Once you have checked the entire trademark database for the uniqueness of your brand to avoid any kind of objection, then you have to write an authorization letter and duly sign it and then submit to a lawyer so that they can file a trademark application. Once you receive the Government acknowledgment you can use the ‘TM’ symbol along with your brand name. There is a possibility that someone may object to your trademark, if not then in around 18-24 months your registration will be confirmed and you will be provided with a registration certification for Trademark.

There are various class of trademark based on the category your intellectual property or identity may fall into. In total there are 45 classes.

Chemicals, Resins, and Plastics.CLASS 1
Varnishes, Paints, and Anti-corrosion substances.CLASS 2
Cosmetics, Hair Oils and Lotions, and Cleaning Preparations.CLASS 3
Greases, Lubricants, and Fuels.CLASS 4
Pharmaceutical, Medical, and Sanitary Preparations.CLASS 5
Goods of Metals and Alloys, Ironmongery and Hardware Products.CLASS 6
Equipment’s and Machinery’s.CLASS 7
Hand-operated Devices and Tools.CLASS 12
Scientific, Electrical, and Technological Apparatus.CLASS 12
Medical and Surgical Instruments and Apparatus.CLASS 12
Heating, Cooling, Drying, and Refrigerating Apparatus.CLASS 12
Land, Air, and Water Vehicles.CLASS 12
Explosives and Firearms.CLASS 13
Precious Metals and Stones, and Jewelry Items.CLASS 14
Diverse Musical Instruments.CLASS 15
Paper Goods, Stationery Products, and Printed Materials.CLASS 16
Rubber and Plastic Goods and Products.CLASS 17
Products made of Hides and Leathers.CLASS 18
Various Non-Metallic Building Materials.CLASS 19
Furniture, and other precious household Articles.CLASS 20
Kitchen Utensils, Household Appliances, and Glass products.CLASS 21
Ropes, Cordage, Fibers, and Stuffing materials.CLASS 22
Threads and Yarns for Use in textiles.CLASS 23
Textiles and Fabrics.CLASS 24
Apparel and Clothing.CLASS 25
Fringe and Fancy Goods and Products.CLASS 26
Floor Coverings and Wall Hangings.CLASS 27
Toys, Sporting, and Sports Goods.CLASS 28
Meat and Processed Food Items.CLASS 29
Auxiliary Food and Beverage Items.CLASS 30
Agricultural and Horticultural Products.CLASS 31
Beers, Light Beverages, and Fruit Juices.CLASS 32
Wine and Spirits.CLASS 33
Tobacco Products and Smoker’s Articles.CLASS 34
Advertising and Business Services.CLASS 35
Insurance and Financial Services.CLASS 36
Building, Construction and Repair Services.CLASS 37
Telecommunication Services.CLASS 38
Transportation and Storage Services.CLASS 39
Treatment of Materials Service.CLASS 40
Education and Entertainment Services.CLASS 41
Computer, Scientific and Legal Services.CLASS 42
Hotels and Restaurant Services.CLASS 43
Medical, Beauty, and Agricultural Services.CLASS 44
Personal and Social Services Services.CLASS 45

ADVANTAGES

A registered trademark is often considered a sense of trust, meaning that a registered trademark is often pledged as security to secure loan facilities much an equivalent way to immovable property.

A registered trademark is often licensed. A trademark license is often recorded on the trademark register, giving the licensee rights to institute legal proceedings within the event of an infringement.

A very important reason for registration is to make the trademark as an identifiable intangible property within the legal sense. Trademark registration may be a value store or receptacle of the worth attached to the reputation or goodwill that the goods enjoy.