Trademark is an intangible asset that creates and builds the trust of the investors on the company. It requires certain procedures for the registration of any business.
Trademark registration is essential for a business to incur or secure its business name, taglines, and logos. The main reason for trademarks registering is to brand your product or services.
Registering the trademark will ensure that you have the exclusive legal rights to sell the product or service in the market.
Trademark Registration
in India
Trademark in India could be a sign, name, logo, word, slogan, and device. Trademark registration provides a unique right to the owner. One can differentiate a product from the other similar products through the help of the trademark labelled on it.
IMPORTANCE OF TRADEMARK REGISTRATION
- Legal protection against fake and fraud products is provided by this registration.
- A customer is able to identify a product due to its name or logo.
- An intangible asset is created for the owner which can be transferred, franchised, or sold.
- Customers are loyal to the products because of the goodwill and trust created by the trademark.
- A trademark is a forever thing. It remains with the firm forever.
- Trademark helps a start-up business to build brand trust, no matter which field the business is expanding in.
Protecting trademarks under the Trademark Act of 1999 is a mandatory thing in India. Few documents are required to be submitted while registering a trademark.
Here’s the list of some of the required documents.
- Logo design or numbers or trademark.
- Description of the applicant including address, name, nature of the business, etc.
- The service or the product which is required for the registration.
- Power of the Attorney (Signed by the Applicant).
- The date of the first usage of the trademark.
- One should carry a list of all the goods and services (provided by the firm or the business or the person) at the time of the registration.
Sujata Associates is one of the most reliable legal service providers in Kolkata. With 20 years of professional experience in the field, we aim to serve our clients in the best possible way. We will help you to get your trademark registration through online or offline procedures. Even during the Covid-19 pandemic, we are working day and night to serve our clients in their time of need. Obtain your trademark registration in Kolkata today by contacting one of our legal advisors. Our legal experts will guide and instruct you to get a proper solution.
DOCUMENTS REQUIRED
Proof of the Applicant
PAN & Voter ID as proof of residential address.
Certificate of incorporation.
Affidavit
An affidavit is required to claim a specific user date.
Brand Name & Logo
Submission of the logo containing the brand name. It is mandatory to register a Trademark.
Signed TM-48 Form
A self-attested TM-48 form must be submitted for the registration. This is required for the attorney to register the trademark on the applicant's behalf.
Proof of Trademark Use
Documentary proof such as invoices, business certificates including the brand name must be provided.
MSME Recognition
For small to medium category businesses, partnership firms can avail the MSME or Start-up India Scheme and rebate up to 50% of the Government Fee.
Trademark Class
Class 1
Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; etc.
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 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; etc
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 9
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus & etc.
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 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 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 & Etc.
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 saddlery
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
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
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; Etc
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 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, fruit sauces; eggs, milk, and milk products; edible oils and fats
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 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 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
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