TRADEMARK REGISTRATION IN WAYANAD

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Trademark registration is one of the pivot element in business company Incorporation in Wayanad. So what stuffs you have to know about trademarking your business brand or product. Lets check on it.

A Trademark is generally a symbol, device, nomenclature, or numerals which is used by a business form to be distinct of its goods & services from other relatable ones. An Incorporated Trademark is an intellectual property especially for a business venture and used to guard the companys investment in the brand.

An only remarkable trademark can be registered for your goods and services. If the requested trademark is same to an existing  trademark, then the same cannot be registered in any manner. If the selected trademark is offensive, or containing any protected symbols, then it cannot be registered.

If you are an entrepreneur planning to launch a brand new product, providing trademark rights must be a high priority.

A business organisations identity, unique brand and its operations are its most relevant assets. Names, symbols, slogans, logos, and other unique marks are usually developed at considerable time and effort. So, trademarks are very valuable to the majority of business categories that provide a commodity or service.

Lets take an example, unless a company files its trademarks, a latecomer may request to get registration of the trademark and hinders both the extension and use of the trademark and any further attempt to register it. If a business correctly registers its trademark with the Indian Trade Marks Registry in proper manner, the Registrar will automatically cancels the trademark application of the latecomer trying to register the similar or  confusingly similar mark, and the trademark rights of the business will always be superior to the further requests.

A trade mark (commonly known as brand name) in laymans language is simply a visual symbol which will be a word signature, name,  numerals or combination of colours used by one organization on commodities or services or other areas of commerce to differ it from other similar commodities or services sourcing from a separate organization.

The legal needs to register a trade mark under the Act are:

• The selected mark should be able of being provided graphically (that is in the hardcover or paper form).

• It should be able of differing the commodities or operations of one organization from those of others.

• It should be proposed to be used mark in connection to goods or services for the need of indicating or so as to indicate a link in the period of trade between the commodities or operations and some person have the right to allow the mark with or without recognition of that person.

In India, the Controller General of Patents, Designs and Trademarks, formed by Government of India is the authority to incorporate the trademark. It is registered based on the Trademark Act 1999, gives a right to the trademark owner suing for any damages at the period of trademark infringements occurs. Once the trademark is incorporated, it will be surely valid for 10 years and the symbol “R” can be used. Registered Trademark Renewal can be simply done by filing the Trademark Renewal application.

The register of trade mark presently kept in electronic type contains information of  the trade mark, the category and goods/ operations with respect of that its Incorporated as well as particulars frictioning the scope of registration of rights concerned; the proprietors address; trade particulars or different detailing of the proprietor; the date of convention application(if needed ); wherever a trade has been filed with the consent of owner of an previous mark or earlier rights.

How to choose a trade mark

Choosing a trademark is clearly a brainstorming and effort needed process. Following are the things to remember when you choose a trademark and they are as follows:

• If it is a word combined of alphabets it must be catchy, must be simple to  spell and remember.

• The good trade marks are usually invented words or simply coined phrases.

• Please avoid choosing of a geographical name. No one can have own right on it.

• Avoid choosing hype artificial words or words that mentions the quality of products (like best, perfect, super etc)

• It is better to conduct a proposed market survey to verify if similar mark is used in market.

Who can claim a trade mark and how ?

Any individual needs to be the proposed to be used by him may provide in writing in proper manner for registration. The application should include the trade mark, the goods, applicant name and address(and agent,if any) with power of attorney ,time period of use of the mark and attesting signature. The application language should be in English or Hindi. It should be submitted at the proper office.

Merits of Trademark Registration

• Unique powerful Identity: Your unique trademark identity aids your customers to identify the commodities and services provided by you. Your competitors will be strictly prohibited from using or modifying your trademark for similar functions/commodities.

• Goodwill: Registered trademarks always establish an environment of trust, standard and goodwill in the customers arena. Trademarks sures that your consumers attention about your brand.

• Asset Making: An intellectual property is a necessary asset for any firm which is only made by Trademark filing. The Registered trademark is a declaration of rights that can be commercially sold or contracted.

• Assignment: One can assign his companys registered trademark. However, the same is not allowed for a common law trademark that can only be assigned with the business.

• Discouraging other traders: Trademark registration strictly avoids other traders to implement the same trademarks same to your one. You explicitly acquire your right by using ® symbol.

• Security: An incorporated trademark can be used as a “Security”. It means a registered trademark can be act as a security to secure loans as how the immovable properties are stable and secure.

THE SOURCES OF TRADEMARK LAWS 

Below mentioned are the sources of trademark laws:

• The Indian sculpture i.e., the Trade Marks Act,1999 and rules falls under that .

• Text books  by academicia.

• International multilateral convention.

• National bilateral treaty and Regional treaty.

• Court decisions.

• Official office practice and rulings

• Decision of IPAB ( Intellectual Property Appellate Board).

Text books formulated by academicians and professional experts.

CLASSIFICATION OF COMMODITIES

There are about 34 class of commodities and they are as follows:

CLASS 1

Chemicals used in field of business industry, science industry, photography process, agricultural process, cultivating and forestry areas; unprocessed synthetic resins, unmade plastics; manures; fireplace compositions; tampering and fastening making; chemical substances for preserving food items; tanning substances; for keeping foodstuffs; tanning substances; adhesive implemented in industry.

CLASS 2

Paints, varnishes, lacquers; preservatives used against rust and against deterioration of wood; colorants; mordants raw natural resins; metals in foil and powder form for painters; decorators; printers and artists.

CLASS 3

Bleaching processes and other materials for laundry use; sanitizing; polish  and abrasive making; soaps; perfumes, essential oils, cosmetics products, hair lotions.

CLASS 4

Industry oils and grease; lubricanted products; dust absorbants, wet-binding compositions; fuels and illuminants; candles.

CLASS 5

Pharmaceutical, veterinary and sanitary making; dietetic substances used for medical use, baby foods, plasters, dressing materials; apparatus for stopping teeth, dental wax; disinfectants; making for destroying vermin; making of fungicides, herbicides.

CLASS 6

General metals ,their alloys; metal making materials; portable metal buildings; metal materials for railway tracks; non-electric common metallic cables and wires; ironmongery, small sized items of metal hardware; metal pipes and tubes; safes; common metal goods not added in other classes.

CLASS 7

Machines and machinery tools; motors and engines (not for land vehicles); components for machine coupling and transmission (not for land vehicles); non hand-operated agricultural implements; egg incubators.

CLASS 8

Hand tools and hand-operated implements; cutlery; razors.

CLASS 9

Instruments for Scientifical,  electrical, photographical, cinematographical, optical, weighing, measuring, signalling, checking, life saving and teaching purposes and recording apparatus for the transmission or reproduction of audio or images; carriers of magnetic data, storage discs; cash registers, calculator machines, data processing and manipulation equipments and computers; fire extinguishing instruments and machines.

CLASS 10

Apparatus and instruments for surgical, medical, dental and veterinary purposes and materials for artificial limbs, eyes and teeth; orthopaedic articles; sutures.

CLASS 11

Lighting, refrigerating, drying ventilating, water supply and sanitary purposed apparatus.

CLASS 12

 Apparatus for locomotion by land, air or water.

CLASS 13

Apparatus for ammunition and projectiles; explosives; fireworks.

CLASS 14

High valued metals and their corresponding alloys and commodities in precious metals or blended therewith, not added in other classes; jewellery, precious stones; horological and other  instruments.

CLASS 15

Musical materials and instruments.

CLASS 16

Paper, cardboard and items made from these materials, not added in other classes; printed matter; bookbinding material; photographs; stationery; artist crafts materials, plastic materials for packaging (not added in other classes);  printer materials.

CLASS 17

Rubber, goods made from these materials and not added in other classes; plastics for use in manufacture; packing, stopping and insulating materials; non metallic flexible pipes.

CLASS 18

Leather and  items made of these materials and not added in other classes; animal skins, walking sticks; whips, harness and saddlery.

CLASS 19

Building materials

CLASS 20

Indoor designing furnitures and materials

CLASS 21

Household  utensils and containers, cleaning purposed materials;  glasswares, porcelain and earthenware not added in other classes.

CLASS 22

Nets, tents, awnings, tarpaulins, sails, sacks and bags (not added in other classes) padding and stuffing materials(not rubber or plastics); fibrous textile materials.

CLASS 23

 Textile use threads and yarns.

CLASS 24

Textile goods.

CLASS 25

Fabrics, footwear, headgears.

CLASS 26

Lace and embroidery materials, artificial flowers.

CLASS 27

Matting carpets,rugs and other materials for covering existing floors.

CLASS 28

Games and playstuffs,  gymnastic items not added in other classes;  Christmas trees decorations.

CLASS 29

All food commodities except cereals, spices etc.

CLASS 30

Coffee, tea, cocoa, cereals, bread, pastry and confectionery, condiments; spices; ice.

CLASS 31

Agricultural, horticultural and forestry items and grains.

CLASS 32

Non alcoholic and beer beverages.

CLASS 33

The Alcoholic beverages(except beers).

CLASS 34

Tobacco and smoking materials.

CLASSIFICATION BASED ON OPERATIONS

There are about 10 operations and they are as follows:

CLASS 35

Advertising, business operations, business administration, office processes.

CLASS 36

Insurance, financial matters; monetary affairs; real estate processes.

CLASS 37

Implementation; repair and installation operations.

CLASS 38

Telecommunication processes.

CLASS 39

Storage and transport processes.

CLASS 40

Material Treatments.

CLASS 41

Education including training; sports, entertainment and cultural recreational activities.

CLASS 42

Scientific and technological operations and research and design relating activities; industrial analysis and research operations; design and development of computer hardware and software stuffs.

CLASS 43

Food and drink services; temporary accommodation services.

CLASS 44

Services related to Medical ,veterinary, hygienic and cosmetics for humans or pets; agriculture, horticulture and forestry.

CLASS 45

Legal services consisting property and personal security services; personal and social services provided by others to meet the requirements of individuals.

Trademark Registration Procedure

Step 1: Trademark class classification

A band of Trademark Attorneys shall be aiding you free of charge to classify your trademark in relevant class.

Step 2: Filing Documentation

Documents needed to file trademark application :

1. Copy of an id proof – Aadhar / Passport / Driving License / Voters ID card ( any one of them)

2. Mobile No

3. Email id

4. Product / service description

5. Logo / mark in jpeg format with 8 cm x 8 cm dimension specification

6. Approval to prepare trademark application

Step 3: Filing Application

Being a consultant, CORPROOTS will file your Trademark application of  timeline within  24 hours of documentations and full payments. The applicant can implement  the trademark after the generation of receipt of filing.

Step 4: Certificate of Trademark registration

If the application is not opposed or disqualified by the trademark examiner and public at excess manner, then the trademark  gets registered and the registration certificate is allowed, usually within 7 to 9 months. Then you can use ® for your trademark.

About Us

Hope you loved reading this article. At Corproots, we continuously endeavor to strengthen Indian businesses. With Filemybrand you can register any form of MSME company you like, make GST bills, track inventory, manage expenditures, and even file GST returns.Us will assist with any form of your company formation by providing expert suggestions, concepts and expertise.

Finally why are you hesitating to bud your dream venture in Wayanad Kerala?