TRADEMARK

A trade mark can be a valuable asset in building the profitability and goodwill of your business.
Procedure for Trademark Application under the new Act namely The Trade Mark Act, 1999.


1A search is conducted at the Trademark Registry in respect to mark sought to ascertain whether the same could be registered.

2Drafting and filing the Trademark Application duly signed by the Applicant.

3Attending and Replying to the official objections if any.

4Attending Hearing in the matter if posted by the Department.

5Publication of the mark in the Trademark Journal and forwarding the copy of publication to Applicant.

6Obtaining a certificate of registration in absence of third party oppositions.


TIME PERIOD:

Drafting and filing the application and obtaining the application shall require about 10 working days. Registration certificate shall be obtained in approximately 1 to 2 years in absence of oppositions.

CLASSIFICATION OF GOODS AND SERVICES webinbox TRADE MARKS RULES,2002
TRADE MARK (CLASS: 1 TO 34 )

Class 1 Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class 3 Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6 Common metals and their alloys; metal building materials, transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class 12 Vehicles; apparatus for locomotion by land, air or water
Class 13 Firearms; ammunition and projectiles; explosives; fire works
Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class 15 Musical instruments
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks
Class 17 Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddler
Class 19 Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
Class 20 Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23 Yarns and threads, for textile use
Class 24 Textiles and textile goods, not included in other classes; bed and table covers
Class 25 Clothing, footwear, headgear
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28 Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and milk products; edible oils and fats,Pickles.
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class 32 Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33 .Alcoholic beverages(except beers)
Class 34 Tobacco, smokers' articles, matches

SERVICE MARK ( CLASS : 35 TO 45 )

Class 35 Advertising, business management, business administration, office functions
Class 36 Insurance, financial affairs; monetary affairs; real estate affairs
Class 37 Building construction; repair; installation services
Class 38 Telecommunications
Class 39 Transport; packaging and storage of goods; travel arrangement
Class 40 Treatment of materials
Class 41 Education; providing of training; entertainment; sporting and cultural activities
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software
Class 43 Services for providing food and drink; temporary accommodation
Class 44 Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services
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.

COPYRIGHT

Copyright registration can be carried out of the following under the Copyright Act, 1957:


1Logo / Monogram

2Book / Study Notes / Text or Literary Material

3Computer Software

4Drawings of any Machine Parts.

5Web site, Web Contents, Home Page.


Procedure for Copyright Application of Artistic Work/ Logo/ Packing Materials for Manufacturing Industries:


1To apply and obtain a search certificate which ascertains whether any logo are on record which is similar to the artistic work (Logo)

2Drafting Power of Attorney on the required stamp paper.

3Applying for Copyright Registration, in case search is cleared.

4Attending to Official objections if any.

5Web site, Web Contents, Home Page.


Procedure for Copyright Application in case of Logo / Monogram Service Industries (or) Software / Home Page / Web Content / Book / Any Literary Material:


1Drafting & filing application along with requisite enclosures.

2Following up with department and attending to objections if any.

3Receiving Registration Certificate after 12 months.

DESIGN

Therefore, the design of an article and even design of its packaging is important from the commercial view point.

The Design Act, 2000, after repealing the Act of 1911 aims at the protecting the designs which serve the purpose of visual appeal. A design to be registerable under the Designs Act, 2000, must be some shape, configuration, pattern or ornamentation or composition of lines or colours applied to such article in any form by any industrial process or means but does not include any mode or principle of construction or anything which is in substance a mere mechanical device but does not include any Trade or Property mark or artistic work. Only particular class of articles can be registered under the Act. The design must be capable of being applied to an article in such a way that the article to which it is applied will appeal to and judged solely by the eye. The particular shape, configuration, pattern or ornamentation must have only an appeal.

Procedure for design registration


1Preparation of Application for design Registration and submission of the same along with copies of design

2Attending to the proceedings and obtaining Provisional Papers after necessary follow up.

3Official objections / Hearing , if any.

4Publication in official journal.

5Opposition, if any.

6Registration Certificate


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