Frequently Asked Questions on Trademark Filing in India

1. WHAT IS A TRADEMARK?
A trademark may me a word, logo, symbol, letter, numeral, design, colour, name written in a particular style, or any combination thereof that is capable of distinguishing the source of a product or a service from the others.

2. WHY IS IT IMPORTANT TO REGISTER A TRADEMARK?
The Registered Proprietor of a trade mark can stop other traders from unlawfully using their trade mark, and even take legal action for damages.

3. WHAT RIGHTS DOES A TRADEMARK GIVE?
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country.

4. WHEN SHOULD I FILE A TRADEMARK?
You can file for a trademark at anytime. Many businesses find it is best to apply for a trademark as soon as they decide on the name of their product or service. Once registered, a trademark can be used to stop others from using your name or logo in commerce, so it is often wise to protect as soon as possible.

5. WHAT IS THE PROCESS FOR FILING A TRADEMARK?
The trademark filing process is simple compared to other intellectual property filings. You should use Form-1 and enter detailed information like the owner information, the mark, the address for service. You must also pay the fee of Rs. 2500/- per class by cash or Demand Draft in favour of “The Registrar of Trademarks”

6. WHO CAN FILE A TRADEMARK?
A person who claims to be the proprietor of the trademark can apply for the registration of its mark for goods as well services. A person may apply for registration of a trade mark to the Trademark office under whose jurisdiction the principal place of the business of the applicant in India falls.

7. WHAT CAN I LOSE IF I DON’T FILE A TRADEMARK?
o Someone could start a business competing to yours in a neighbouring area and use your business name.
o Someone can create a similar name to yours and steal the goodwill you have worked hard to build with your customers.
o You may not be able to expand your business to other territories or cities, if someone obtains trademark rights before you do.
o You may not be able to register and maintain the domain name that you want unless you file a trademark before the registrant of a particular domain.
o Someone can create similar websites, buy similar domain names, and create similar Ad online and in print for their business and take your customers.

8. WHAT IS THE GOVERNMENT FILING FEES FOR FILING A TRADEMARK APPLICATION?
The govt. fees is Rs. 2,500 per class of goods or services.

9. HOW LONG WILL MY TRADEMARK LAST IN INDIA?
Term of registration of a trademark is ten (10) years, which may be renewed for a further period of ten years on payment of prescribed renewal fees.

10. WHERE CAN I FILE MY TRADEMARK APPLICATION IN INDIA?
Jurisdictions for Filing trademark application in India:

For applicant residing in State of Maharashtra, Madhya Pradesh and Goa, a trademark application may be filed at the address below.
Trade Marks Registry, Mumbai (Head Office)
Intellectual Property Bhavan, Near Antop Hill Head Post Office,
S.M. Road , Antop Hill, Mumbai 400037
Tel: 022-2410 1144, 24101177, 24148251, 24112211, Fax: 24120808, 24132295

For applicant residing in the State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and Chandigarh, the application may be filed at the Trademark Office address below:
Trade Marks Registry, Delhi, Intellectual Property Bhavan,
Plot NO.32, Section 14, Dwarka, Delhi, Tel. 011-28082915/ 16/17

For applicants residing in the State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island, the application may be filed at the address below:
Trade Marks Registry, Kolkata, CP-2, Sector V, 5th floor,
I.P.Bhavan, Salt Lake, Kolkata-700091

For applicants in the state of Gujarat and Rajasthan and Union Territory of Daman, Diu, Dadra and Nagar Haveli, a trademark application can be filed at the Trademark Office address below:
Trade Marks Registry, Ahmedabad, 15/27 National Chambers,
1st floor, Ashram road,Ahmedabad-380 009, Tel: 079-26580567

For applicants in the state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island., a trademark application can be filed at the Trademark Office address below:
Trade Marks Registry, Chennai, IP building,
GST Road, Guindy, Chennai-600032, Tele: 044-22502041, Fax : 044-22502042

12. WHAT ARE THE CLASSES OF GOODS OR SERVICES FOR FILING A TRADEMARK APPLICATION IN INDIA?
The classes of goods and services are as follows:

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 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 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 . 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, 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 33 .Alcoholic beverages(except beers)

Class 34 . Tobacco, smokers' articles, matches

SERVICES
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. Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services, legal services, scientific and industrial research; computer programming; services that cannot be classified in other classes.