How to register Trademark in India [2019] - Startup Sutra

Have a unique brand name and want to register it but don’t know how to register a trademark in India!

Well, Don’t worry! I’m going to tell you everything you need to know about trademark and How to Register a Trademark in India.

You might not know that you can easily get your trademark registered in India online without going to any office and filling unnecessary documents.

Getting a Trademark is much easier than you think! It’s because there are many online business service platforms out there who are offering Trademark Registration Services.

And because of that, anyone can get their brand name trademarked online in just a few steps.

So, here are the things I’m going to tell you in this blog?

What is a Trademark?

In simple words, a Trademark is a unique symbol or word(s) which represent a business or it’s products.

A Trademarked identity can’t be used by any other person/company as they have no rights to use it, and if they so, the owner of the trademark can take legal action against them.

Trademark Classes in India

Trademark Classes in India | How to register Trademark in India [2019]
Source : Google

Before starting the registration process, you should know about Trademark Classes in India!

There are 45 different trademark classes in India and each Trademark Classes describes a different set of goods and services.

When you are going to take a Trademark for your brand, you must have to carefully choose the right trademark class from the list of different trademark classes at the time of filing the application.

Also, if your business is going to deal in multiple fields then you should get a trademark for each class in which you want to deal.

It’s important to take Trademark Registration for each class you are going to deal in as if you don’t, it could hamper the trademark registration process and/or diminish the legal protection for the mark under the Trademark Act.

List of 45 Different Trademark Classes India :

  1. Trademark Class 1 – Chemicals, Unprocessed Plastics, Food Preservation Chemicals
  2. Trademark Class 2 – Paints, Varnishes, Colorants
  3. Trademark Class 3 – Cosmetics and Cleaning Preparations
  4. Trademark Class 4 – Lubricants and Fuels
  5. Trademark Class 5 – Pharmaceuticals, Veterinary, and Sanitary Preparations
  6. Trademark Class 6 – Metal Goods
  7. Trademark Class 7 – Machinery and Machine Tools
  8. Trademark Class 8 – Hand Tools and Implements
  9. Trademark Class 9 – Electrical and Scientific Apparatus
  10. Trademark Class 10 – Medical Apparatus
  11. Trademark Class 11 – Environmental Control Apparatus
  12. Trademark Class 12 – Vehicles
  13. Trademark Class 13 – Firearms
  14. Trademark Class 14 – Jewelry, Precious Metals
  15. Trademark Class 15 – Musical Instruments
  16. Trademark Class 16 – Paper Goods and Printed Matter
  17. Trademark Class 17 – Rubber Goods
  18. Trademark Class 18 – Leather Goods
  19. Trademark Class 19 – Non-metallic Building Materials
  20. Trademark Class 20 – Furniture and Articles Not Otherwise Classified
  21. Trademark Class 21 – Household or Kitchen Utensils and Containers
  22. Trademark Class 22 – Cordage and Fibers
  23. Trademark Class 23 – Yearns and Threads
  24. Trademark Class 24 – Fabrics
  25. Trademark Class 25 – Clothing, Footwear, Headgear
  26. Trademark Class 26 – Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
  27. Trademark Class 27 – Floor Coverings
  28. Trademark Class 28 – Toys and Sporting Goods
  29. Trademark Class 29 – Meats and Processed Foods
  30. Trademark Class 30 – Staple Foods
  31. Trademark Class 31 – Natural Agricultural Products
  32. Trademark Class 32 – Light Beverages
  33. Trademark Class 33 – Alcoholic Beverages (except beers)
  34. Trademark Class 34 – Tobacco, Smokers’ articles
  35. Trademark Class 35 – Advertising and Business
  36. Trademark Class 36 – Insurance and Financial
  37. Trademark Class 37 – Building, Construction, and Repair
  38. Trademark Class 38 – Telecommunication
  39. Trademark Class 39 – Transportation and Storage
  40. Trademark Class 40 – Treatment of Materials
  41. Trademark Class 41 – Education and Entertainment
  42. Trademark Class 42 – Computer, Scientific and Legal
  43. Trademark Class 43 – Hotels and Resturants
  44. Trademark Class 44 – Medical Veterinary Services
  45. Trademark Class 45 – Legal Services

How to Register a Trademark in India?

Now, you know What is Trademark and what are the Trademark Classes in India, it’s time for Trademark Registration!

For your better understanding, I’m going to tell you the whole trademark registration process in a Step-by-Step form, so let’s get started!

[Step 1] Find a Unique name/symbol: The name or symbol you want to trademark should be unique. You can check if your name is already registered or not from the Trademark Search Website (Official Website).

[Step 2] Go on IndiaFilings: Now, you have your unique name for which you want to take the trademark registration. There are basically two most popular business service platforms in India, IndiaFilings, and VakilSearch.
I’m recommending IndiaFilings as I’ve used their services and I loved it!

[Step 3] Fill Details and Continue: Now, go on IndiaFilings, and fill your Name, Phone, and email on the Trademark Registration page and then click on “Get Started”.

[Step 4] Choose the Plan: There are three different plans available on IndiaFilings. Check the image below for more information about it. (If you have any confusion about it, you can simply chat with an IndiaFilings agent 24*7)

IndiaFilings Trademark Registration Plans - How to Register a Trademark in India?

[Step 5] Make the Payment: Once you decide which plan is the best to suit for you, click on the “Pay Now” button and it will take you to the payment page.

[Step 6] Go to iCFO Platform: Now, once you complete your payment, you have to log in to your iCFO Platform. It’s a panel where you have to submit all your details and documents required for your Trademark Registration.

[Step 7] Submit all Details and Documents: You have to fill all the details and upload required documents for your Trademark Registration on your iCFO Platform.

[Step 8] Use your Trademark and Wait: It takes one day to complete the Trademark Registration process Process of registering a trademark, after which you can use your trademark instantly. While the Registration of Trademark may take up to 1-2 years.

That’s all about how to register a trademark in India. I’ve shown you how to register a trademark in India from India’s largest business service platform “India Filings”

Now, here are some Frequently Asked Questions related to How to Register Trademark in India.

Frequently Asked Questions

Where can I use the TM symbol?

Actually, the TM Symbol has no legal meaning, you can use the symbol on any mark that your company/business uses without even registering it.
In Simple words, the use of TM symbol is on a new phrase, logo, word or design which a company plans to register it as a trademark in future.

Is it illegal to put TM on a logo?

No, TM is used on any new phrase, logo, word or design which you are going to register as a trademark in future. It’s ® which you can’t use without a trademark registration.

What Can Be Trademarked in India?

Here is the thing which we can register for trademark as per the Trademarks Act, 1999
2). Invented or coined words
3). Numerals, letters, devices
4). Combination of colors and shapes of goods
5). Slogans
6). Domain Names
7). Signatures
8). Sounds (also known as sound marks)
9). Three-dimensional (3-D) marks

What Cannot be Trademarked?

1). A deceptive mark intended to cause confusion with some other mark.
2). A mark that hurts the religious sentiments of a class or section of Indian citizens.
3). A mark that contains vulgar, obscene or scandalous content.
4). A mark prohibited under the Emblems and Names Act of 1950 (such as the Indian Flag).

What are the Benefits of Registering Your Trademark?

1). A registered trademark identifies and advertises the good/service.
2). It protects the commercial goodwill of the trader/owner of the trademark.
3). It protects consumers from buying forged or inferior goods.
4). In the case of an infringement of a registered trademark, the owner has the option of civil and criminal remedies. In the case of an unregistered trademark, the only remedy available to the owner is the option of filing a suit of passing off.

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