In India, Consult Value vigorously defends the intellectual property rights of well-known businesses. Thousands of businesses have received trademark registration advice from our experts. To get started, speak with one of our IPR Advisors.
Meaning & Types of Trademark Register Logo, Brand & Domain
Finding the marks that qualify for registration under the trademark laws is the first step in the trademark registration process. To register your trademarks, you are urged to consult with our IPR advisers.
Trademark Is the Most Important Intellectual Property
The most precious asset for a modern business is a trademark. A manager or owner of a business must therefore comprehend what a trademark is and what kinds of trademarks exist. As you may already be aware, a trademark is a distinctive symbol or logo that identifies a company and sets it apart from competitors. Every company has a number of intellectual property rights (IPRs) that can be registered as trademarks, including the company name, brand name, product name, label, logo, punchline, and domain names. We have seen that the majority of a company’s trademarks are still unidentified, and this ignorance leads to future disputes and legal action. We highly advise our clients to comprehend what a trademark means and take the necessary actions to protect it.
The most precious asset for a modern business is a trademark. A manager or owner of a business must therefore comprehend what a trademark is and what kinds of trademarks exist. As you may already be aware, a trademark is a distinctive symbol or logo that identifies a company and sets it apart from competitors. Every company has a number of intellectual property rights (IPRs) that can be registered as trademarks, including the company name, brand name, product name, label, logo, punchline, and domain names. We have seen that the majority of a company’s trademarks are still unidentified, and this ignorance leads to future disputes and legal action. We highly advise our clients to comprehend what a trademark means and take the necessary actions to protect it.
Definition of Trademark Under the Trademark Act, 1999
Section 2(zb) of the Trademarks Act, 1999 defines a trademark as a mark that can be represented graphically to differentiate one person’s goods or services from another. Additionally, it states that a trademark may incorporate a product’s design, packaging, and colour scheme.
Let’s now examine what the term “Mark” means. According to the Act’s Section 2(m), a mark that incorporates following is one that does such. Put otherwise, the following type of mark is eligible to be a trademark if it meets the requirements outlined in the previously mentioned trademark definition.
| Device Mark | Brand Name | Heading |
| Label | Ticket | Name |
| Signature | Word | Letter |
| Numeral | Shape of Goods | Packaging |
Types of Trademarks or Category in India
In the sections above, we have grasped the definitions of the terms “mark” and “trademark.” Let’s now examine the different trademark categories that are available for registration under the 1999 Trademarks Act. Practically speaking, the applicant must select the trademark category, which can only be one of the following choices, while submitting the trademark application in TM-A (formerly known as TM-1), the form required for submitting a trademark application in India. Only the following important trademark kinds will be explained with examples.
“Word” as Trademark
The most prevalent kind of mark is a word or other grouping of letters or alphabets. GOOGLE, INFOSYS and others are a few examples. The most valuable and important trademark is the word mark, which can be written, illustrated, or spoken. Under the Trademark Act of 1999, it is regarded as the Most Powerful Mark for IPR Protection due to its increased versatility. You can use a trademark in any format in the marketplace when it is applied as a wordmark. The owner of the mark can easily file an infringement case if someone else uses a mark that is similar. Please be aware that a Wordmark does not have to have a meaning; as long as it is unique, any letter combination will work.
“Device” as Trademark
In general, marks such as logos, drawings, a combination of words and drawings, etc., are referred to as device marks. A visual presentation on different types of device marks can be found below. The brand name, which is occasionally a combination of words and images, is another example of a device mark. Here are a few Device Mark instances.
“Colour” as Trademark
If it is proven that the colour serve as a distinctive distinguishing mark to identify the origin of products or services, then that specific colour or combination of colour is recognized as a trademark. Adopting or combining colour as a trademark in the marketplace has been more and more popular in recent years. Nonetheless, it is arguably the most difficult trademark category to have legal protection and enforcement. A trademark is now legally defined as “any sign…capable of distinguishing the goods or services of one undertaking from those of other undertakings,” according to the World Trade Organization. According to Section 10 of the Trademark Act, a trademark that has colour protection can be recognized as property as long as the specific colour or a Combinations of multiple colours are a fundamental component of the trademark. To put it another way, a trademark is registered as a colour mark after it is recognized by the general public.
“Shape of goods” as Trademark
It may be possible to determine the origin of products by looking at the shape of a product or container. A container’s shape could be considered intellectual property in the same way that design is. While design protection pertains to the intrinsic qualities of the shape, trademark refers to the place of origin of the goods. Nonetheless, the shape may be registered as a trademark if it has become recognizable due to its extensive use. The Coca-Cola bottle is a great illustration of this.
Sound as Trademark
As a non-traditional trademark, sound markings can be registered in India as long as they serve as a means of identifying the source of products or services. The crucial component is the factual distinctiveness of the sound, which can instantly increase the product or services’ recall value. In India, a few recognized sound markings are
- Yahoo – (Human voice yodelling Yahoo)
- Cisco – (Tune heard on logging in to the conferencing service Web Ex)
- Nokia – (Guitar notes on switching on the device)
Three-Dimensional shape as Trademark
Based on stringent requirements on trademarks’ intrinsic distinctiveness and their capacity to clearly identify the source of goods and services, three-dimensional symbols may be registered as trademarks in India. The physical appearance of the product or substantial packaging in three-dimensional photographs is often how three-dimensional trademarks (3D trademarks) are portrayed. Here are some examples of 3D trademarks.
Trademark Classification Nice Classification System
Based on its previous use of products or services in the relevant area, a trademark may be registered in one of 45 classifications. For trademark categorization, the Nice categorization System is used globally. Choosing the right trademark class is crucial. For help with TM Classification, give us a call.
Trademark Classification Overview
The worldwide classification system, sometimes referred to as the Nice Classification System, divides goods and services into 45 classes for trademarking purposes. Classes 1 through 34 pertain to products, while classes 35 through 45 are designated for services. Because of the importance of the trademark class, only products in that class are protected following trademark registration, and only if those products are listed at the time of registration and for which the owner or applicant has a legitimate claim or usage history.
When choosing the class to file the trademark application under, the Consult Value team offers professional advice and assistance. Please be aware that this classification is extremely important and should be done with great attention.
Trademark Classification in India
In India, trademark classification is a necessary precondition for trademark application. In essence, it entails determining and categorizing the products and/or services that the specific trademark is meant to be used for. For example, we are aware that the proposed trademark “Amul” is meant to be used for milk and dairy products. Probably the first stage in trademark registration is trademark classification, and even trademark searches are based on it.
Because it prevents similar trademarks from being registered under the same class of goods or services, the Trademark Classification system helps to avoid confusion among consumers of those goods or services and safeguards the trademark owner’s intellectual property rights from any potential infringement.
The Nice Classification
The Nice Classification, an international system for classifying goods and services, serves as the foundation for the Indian Trademark Classification system. There are 45 classes in the Nice Classification system: 1 through 34 for products and 35 through 45 for services. Every class stands for a certain kind of good or service.
Trademark Classification for Goods (Class 1 to 34)
A correct trademark classification is essential. Check the appropriate class from the table of classes 1 to 34 for goods.
| Class | Description |
| 01 | Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; adhesives for use in industry; compost, manures, fertilizers; biological preparations for use in industry and science. |
| 02 | Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art. |
| 03 | Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations. |
| 04 | Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting. |
| 05 | Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| 06 | Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes. |
| 07 | Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines. |
| 08 | Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors. |
| 09 | Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus. |
| 10 | Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles. |
| 11 | Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes. |
| 12 | Vehicles; apparatus for locomotion by land, air or water. |
| 13 | Firearms; ammunition and projectiles; explosives; fireworks. |
| 14 | Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments. |
| 15 | Musical instruments; music stands and stands for musical instruments; conductors’ batons. |
| 16 | Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks. |
| 17 | Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal. |
| 18 | Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals. |
| 19 | Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal. |
| 20 | Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber. |
| 21 | Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware. |
| 22 | Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor. |
| 23 | Yarns and threads, for textile use. |
| 24 | Textiles and substitutes for textiles; household linen; curtains of textile or plastic. |
| 25 | Clothing, footwear, headwear. |
| 26 | Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair. |
| 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile. |
| 28 | Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees. |
| 29 | Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yoghurt and other milk products; oils and fats for food. |
| 30 | Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice [frozen water]. |
| 31 | Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice [frozen water]. |
| 32 | Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other non-alcoholic preparations for making beverages. |
| 33 | Alcoholic beverages; alcoholic preparations for making beverages. |
| 34 | Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches. |
| 35 | Advertising; business management; business administration; office functions. |
| 36 | Insurance; financial affairs; monetary affairs; real estate affairs. |
| 37 | Building construction; repair; installation services. |
| 38 | Telecommunications. |
| 39 | Transport; packaging and storage of goods; travel arrangement. |
| 40 | Treatment of materials. |
| 41 | Education; providing of training; entertainment; sporting and cultural activities. |
| 42 | Scientific and technological services and research and design relating thereto; industrial analysis and industrial research services; design and development of computer hardware and software. |
| 43 | Services for providing food and drink; temporary accommodation. |
| 44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| 45 | Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals. |
Trademark Search with Attorney Opinion
Based on the intended use of the trademark, we assist in performing a thorough search in the Indian Trademark Office’s Trademark Database in the pertinent classes. Included are legal advice and opinions from attorneys.
Comprehensive Trademark Search
Our team of IPR attorneys does a comprehensive search of the Trademark in the database of registered or applied trademarks in India.
Package Inclusion:
- TM search in Indian Database
- Trademark Domain Name Search
- IPR Attorney Consultation
- Trademark Common Law Search
- Legal Opinion on Trademark
- Well-experienced TM Attorney
Trademark Registration Protect Your IPR Now!
Use our professional online trademark registration services in India to quickly register your trademark and safeguard your brands, logos, company names, labels, product or service names, and domains. We currently have more than 13.5K trademarks under active protection.
Getting Started with Trademark Registration in India
To register a trademark in India, you must first file a trademark application using the Registrar of Trademarks’ office using the TM-1 form. All marks that can be registered as trademarks, including business names, brands, logos, labels, domain names, punchlines, etc., are encouraged to be identified; trademark registration is the best defence against unauthorized use of your mark or identity by third parties. Consult Value offers complete solutions to protect your intellectual property since we recognize how important this process is. It is simple to register your trademark in India and around the world using our online services. Calling us is the first step in the process.
What is the purpose of trademark registration?
- Create a unique identity
- Build Goodwill of Business
- Confers Legal Protection
- Protects from Copycats
- We serve all of India & Abroad
Benefits of Trademark Registration in India
Your trademark has superpowers when you register it. It’s an asset that sets you apart from the competition and helps you build a stellar reputation, not just a brand or logo. Long-term value trademark registration ensures that your brand is protected for as long as you like. It is effective for ten years and can be renewed indefinitely. To put it briefly, trademark registration is a great way to safeguard your company’s reputation, gain the trust of potential clients, and greatly increase your company’s chances of success. Here’s how:
Trust and goodwill
A registered trademark gives the consumer confidence or assurance of the quality or dependability of related services or products.
Intangible Asset
Your trademark works similarly to a patent or copyright and becomes an asset that can be licensed out, sold, or even leveraged as security when taking loans.
Brand Recognition
The ® sign signifies that your brand name has been registered and is protected professionally. You will be the exclusive owner of your brand identity
Legal Protection
If somebody tries to duplicate your brand, you are well within your legal right to stop that person and protect all the hard-earned reputation you have.
Exclusive Rights
Trademark registration makes your brand exclusive for use in India, thereby giving you an edge over the competition in all states and regions.
Timeline for Trademark Registration
The time required to register a Trademark depends on each mark’s individual merits, which comprise its distinctive character, user date, and description. The standard timeline may be as follows.
Filing of Trademark Application (1-2 Days)
The first step in the trademark registration process is submitting an online application to the Registrar of Trademarks using Form TM-M. We will file your trademark application within 24 hours of receiving the required paperwork.
Examination of Trademark & Reply Filing (1 – 3 Months)
A review procedure called “Examination” is applied to trademark applications, and it typically takes one to three months. An Examination Report will notify the applicant of any objections, and they have 30 days to respond.
Show Cause Hearing & Publication (2 – 6 Months)
A show-cause hearing will be scheduled if the examiner is not pleased with the written response to the examination report. Following the examiner’s approval, the trademark is published in TM Journal and is subject to three months of public objection.
Registration of The Trademark (6 – 9 Months)
After a three-month waiting period from the publication and in the absence of opposition from the public, the Registrar of Trademarks issues a Certificate of Trademark Registration, which remains valid for ten years.
Frequently Asked Questions
Q1. What is a trademark, and how does one register a brand ?
A trademark would be a type of unique sign that helps distinguish products and services from others. Think of it as a name, emblem or symbol that uniquely identifies your business. It could be the Apple logo on your phone or an Amazon logo on some box. The best analogy would be putting up a fence around your trademark so nobody can use it without your permission. Registration of trademarks provides legal protection over a brand name and ensures that a customer is receiving an authentic brand product.
Q2. What are the types of trademark registrations in India ?
In India, trademarks can be registered under four categories:
- Product marks (think the Apple logo on your iPhone).
- Service marks (like the Uber logo for ride-hailing).
- Certification marks (such as the ISI mark ensuring quality).
- Collective marks (representing a group, like the CA logo for Chartered Accountants).
Each type helps consumers identify and trust the source of goods or services, but they cater to different needs and applicants.
Q3 .Can I use the TM symbol after applying for trademark registration ?
Yes, you can! While the coveted ® symbol is reserved for registered trademarks, the ™ symbol may be used immediately after one has applied to indicate an intent to claim the mark. In a sense, it is like putting up a “coming soon” sign for your brand’s exclusive rights. Since accomplishing this does not offer any legal protection, it means you are serious about the identity of your brand.
Q4. What is the Vienna Codification process ?
Like a universal language for trademarks, the Vienna Codification is a system whereby all the figurative elements of your mark are codified to make it even easier for trademark offices worldwide to understand and classify your logo. It’s like shorthand, really making life more straightforward when it comes to going out and registering your brand internationally.
Q5. What happens during trademark examination ?
Think of the trademark examination as a check-up for your brand! An examiner at the Trademark Registry will examine your application thoroughly, from the mark itself to its classification and similarity with existing trademarks. They will ensure that it is distinctive, not misleading, and meets all the legal criteria. This is important in ensuring your brand has legs to stand on and protection.
