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A trademark is any word, name, symbol, letters or design, or any combination thereof, used to identify and distinguish the goods of one manufacturer or seller from those of another. They help in the identification of the goods and services of such manufacturer as such. More clearly, it includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

A trademark not just plays an important role for the development of commerce and growth of the company, but also gives it a legal identity in the industry, trade and business. It is a trademark which provides uniqueness by establishing a relationship between goods and its manufacturer and between service provider and its recipient.

When one starts a business, he organizes many activities for the smooth startup. The organization charts business plans and marketing strategies to situate itself in the minds of the general public. While ensuring legal and statutory compliances, one most important registration to ensure is that of the company's trademark. The importance of this registration cannot be undermined as this protects one`s business name, brand name and services and goods name.

In India, the registration of a trademark is done under the Trademarks Act, 1999. However each registration falls under a specific category of goods or services depending on the goods the mark will be used for. Thus, for registration under the Act, goods and services are classified 45 different categories called classes, out of which 35 deal with goods and remaining deal with services.

Key Benefits of Trademark Registration

Preserve your Exclusivity - Registering your trademark is the most effective way to ensure your exclusivity for the use of your name or logo etc.

Protect your hard earned goodwill - Registering a trademark provides official notice to others that a trademark is already taken.

Obtain relief in respect of infringement (misuse by others of your trademark) - A registered trademark is capable of getting relief in case of any infringement by any other party.

Nationwide priority benefit - Registering your trademark generally gives you an opportunity of getting nation-wide protection instead of rights that are restricted to the specific areas or regions in which you trade.

Deterring and Preventing Others - Trademark registration deters other traders from using trademarks that are similar or identical to yours in relation to goods and services like yours.

Use of the symbol ® - Registration allows the proprietor to use the mark ® on the mark.

When you discover another trader using a conflicting mark in the market place - Having a registered trademark makes it much easier, quicker and cheaper for you to prevent other traders from using similar and conflicting trademarks.

Adding substantial Value to your business - Holding a registered trademark significantly increases the value of your trade and makes it comparatively easier to leave a different and unique recognition among potential purchasers.

Power to assign and license your trade mark to other for a consideration - The proprietor of a trademark has authority to transfer its trademark to any person by way of assignment or transmission.


There can be a variety of trademarks so as include different kind of marks and different kind of goods and services whereof the registration can be sought under the Trademark Act 1999. Before registering one`s mark one must know of the different options that one has in the type of mark they may register. Besides this you require to ensure which is right category to seek your registration with. The purpose of providing different classes is to avoid inconvenience and confusions entailed in the registration and make it convenient for searching the particular trademark. Besides this the category wise registration gives you an opportunity to know about all other marks which is registered under that category for the time being in force which later on stand beneficial in deciding your marks.

TYPES OF TRADEMARKS


Trademark

A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Wordmark

A trademark where the trademark owner is claiming rights only in the word, letters or numbers themselves, without claiming any right in the manner how these words are presented is known as a wordmark. In other words, a wordmark refers to the right of the owner only on the words, letters, etc. but have no right on the way it is presented.

Service Mark

A service mark is a word, phrase, symbol or design, or a combination thereof that identifies and distinguishes the source of a service rather than goods (as in the case of trademark). The term trademark is often used to refer to both trademarks and service marks.

Certification Mark

A Certification Mark is a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor so as to differential with respect to. For example, WOOLMARK, ISI etc. fall in the category of Certification Marks. These marks can be used only in accordance with defined standards.

Collective Mark

A collective trade mark is a mark that distinguished the goods or services of the members of an association of persons. Such association of persons is the proprietor of the mark in such a case. For example,˜CA used by The Institute Of Chartered Accountants of India, used by The Institute of Companies Secretaries Of India.

Sound Trademarks

A sound can be a distinctive indicator and can also be protected. A sound trademark, therefore, is a sound or melody with a distinctive recognition effect. In order to able to protect it, the sound must be reproducible graphically, for example, using notes. A well-known sound trademark is the jingle of the ICICI bank.

3-Dimensional Mark in India

In India definition of mark includes shape of goods and therefore three dimensional or 3-Dimensional or 3D Marks could be registered under the provisions of Indian Trademark Act, 1999. The manner in which same has to be provided while filing the trademark application is provided under sub-rule 3 of rule 29 of the Trademark Rules.


One is required to ensure which is the right category to seek the registration of a mark under the Trademarks Act, 1999. The purpose of providing different classes is to avoid inconvenience and confusions entailed in the registration and make it convenient for searching the particular trademark. Besides this, the category wise registration gives you an opportunity to know about all other marks which registered under that category for the time being in force which later on stand beneficial in deciding your own marks.

For seeking the registration for any goods and services one is required to know about the class where the concerned goods and services fall. A trademark classification is a way by which the trademark examiners arrange documents, such as trademark and service mark applications, according to the description and scope of the types of goods or services to which the marks apply.

Every application for new trade mark has to be made in the appropriate class. There are in all 45 classes under which all goods or services fall. This is based on international classification of goods or services (Nice Classification). Following is a concise list of the contents of each of the classes.

GOODS (1 - 34) Class 1 to 34 deals with the registration of goods whereas following is the broad classification of goods and their descriptions.

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 (Jewellery)

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 (Fibres)

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)


SERVICES (35 - 45) - These are the following classes which broadly deal with different kind of services that can be registered under the caption of trademark.

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)

Class 45 (Personal and Social Services)


What's in a name? Well, your BRAND!!


  • A new business and a new name
  • A growing brand name
  • A Competing brand
  • AN ESTABLISHED & Renowned brand
And before you know, your established brand may be infringed and others may be benefitting at your cost!!

A simple yet effective tool for a business, a TRADEMARK is a distinctive name, word, phrase, logo, symbol, design, image, or a combination of these elements or indicator used by an individual, business organization or other legal entity to be identified by its targeted consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities.

  • Creates Goodwill
  • Creates value as an intangible asset
  • Builds a distinct identity


Why protect your brand?

Helps distinguish your own products and services from that of others

Quicker identification, recognition and integration of innovations

Helps the customer identify you as the proprietor of the product bearing the mark

Increases the value of the brand as the intangible value goes up with goodwill

There is a greater option of getting remedy in cases of infringement

It lays the groundwork for future extensions worldwide

Better image, creates more demand for franchising and licensing


WHY TRADEMARK? WHAT BENEFITS?


A trademark not just plays an important role for the development of commerce and growth of the company, but also gives it a legal identity in the industry, trade and business. It is a trademark which provides uniqueness by establishing a relationship between goods and its manufacturer and between service provider and its recipient.

When one starts a business, he organizes many activities for the smooth startup. The organization charts business plans and marketing strategies to situate itself in the minds of the general public. While ensuring legal and statutory compliances, one most important registration to ensure is that of the company's trademark. The importance of this registration cannot be undermined as this protects one`s business name, brand name and services and goods name.

There are numerous benefits to registering a trademark and utilizing the trademark services. Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies which would otherwise not be available with you upon infringement of your mark by third party. Registering a trademark protects a company's name or logo, which is often a company's most valuable asset. It grants the trademark owner an exclusive ownership of the mark, and also decreases the likelihood of another party claiming that the ownership to the mark. Not only this, using symbols such as ® also provide an effective and bold notice to the public about the ownership of the mark.

In India, the registration of a trademark is done under the Trademarks Act, 1999. However each registration falls under a specific category of goods or services depending on the goods the mark will be used for. Thus, for registration under the Act, goods and services are classified 45 different categories called classes, out of which 35 deal with goods and remaining deal with services.

ELEMENTS THAT MAKE A MARK


A few basic elements must be kept in mind for the depiction of a trademark. A well chosen and an intelligent mark is always considered as a most effective tool of attracting the consumers and adding a value far beyond the physical assets of a company. A good mark generally contains the following features:

It is inherently distinctive and invented (e.g. Kodak);

It is easy to memorize and pronounce;

It befits the product or image of the business,

It has no legal restrictions, and

It has a positive connotation besides standing consistent with the nature and name of the goods.


To SUM UP


Your trade mark may be seen as the asset where your reputation (and the reputation of your goods or services) is contained. For this reason, a trade mark and service mark can be one of the most valuable and important assets of a business and should be protected adequately.

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General+

What is Trademark?
Who is the owner of Trademark?
What are the benefits of registering Trademark?
What points to be kept in mind before registering trademark?
How is trademark associated with the business?
How a does a trademark protects a business?
How to select a trademark?
How to select a trademark from business point of view?
How to select a trademark from legal point of view?
Who can file an application for registration of trademark?
What is the duration for registering a trademark in India?
What is the duration of Trademark in India? Can it be renewed?
Can I register a trademark before starting a business?
What is the first step for applying a trademark in India?
What if my goods and services falls under more than one class under the class details for the registration of trademark?
What will happen if I don’t register my brandname but using the same for my business?
Where can I check the status of trademark application after filing a trademark?
What if there is any objection from the Registrar of Trademark in the process of registration of a trademark?
What if I do not file any response for the objection raised by the Registrar of Trade Mark in the process of registration of a trademark?
When can I use the symbol ® after my brand name?
How can I check the class details of goods and services under Indian Trademark Law?
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