TRADEMARK REGISTRATION SERVICES IN Sumbuk

A trademark (popularly referred to as complete name) in laymans language may be a visual image which can be a word signature, name, device, label, numerals or combination of colors employed by of commerce to distinguish it from other similar goods or services originating from a different undertaking.

• The legal needs to register a trade mark below the Act are: the chosen mark ought to be capable of being drawn diSumbukmmatically (that is within the paper form)

• It should be capable of distinguishing the goods or services of one undertaking from those of others.

• It ought to be used or planned to be used mark in relevance product or services for the aim of indicating about on indicate a association within the right to use the mark with or without identity of that person.


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BENEFITS OF TRADEMARK




The registration of a trade mark confers upon the owner the proper to the employment of the registered trade mark and indicate so by victimization the image (R) in registered registered and seek the relief of infringement in appropriate courts in the country. The right is but subject to any conditions entered on the register like limitation of space of use etc.Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.




What purpose the Trademark system serves ?

• It identifies the particular physical origin of products and services.The complete itself is that the seal of credibility It is a badge of loyalty and affiliation.
• It may enable consumer to make a lifestyle or fashion statement.

Who benefits from a Trademark ?

The Registered owner of a trade mark will stop alternative traders from unlawfully victimisation his trademark sue for damages and secure destruction of infringing product and or labels." Trademark Classification THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002
Classification of goods and services – Name of the classes
Parts of an editorial or equipment ar, in general, classified with the particular article or equipment, except wherever such elements represent articles enclosed in different classes


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CLASSIFICATION OF GOODS

Class 1

Chemical employed in business, science, photography, agriculture, farming and forestry; unprocessed artificial resins, unprocessed plastics; manures; fireplace extinction compositions; tempering and fastening preparations; chemical substances for conserving foodstuffs; tanning substances; for preserving foodstuffs; tanning substances; adhesive used in industry.

Class 2

Paints, varnishes, lacquers; preservatives 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 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; fireworks.

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.

CLASSIFICATION OF 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

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43

Services for providing food and drink; temporary accommodation.

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.





You Can Check Your Trademark Status Online And Other Information Anytime You Want. Registered Trademark Application / Registered Mark Status Information Find Details Without Trademark Number / Application Number. Get Receipt / Acknowledgments For Postal Applications




Registered Trade Marks And Application Status Information




How to select a Trademark ?

• If it is a word it should be easy to speak, spell and remember.
• The best trade marks are invented words or coined words.
• Please avoid selection of a geographical name.
• Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
• What is the function of a Trademark ? below trendy business condition a trademark performs four functions
• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.

Who can apply for a Trademark and how ?

Any person claiming to be the OWNER of a trademark used or proposed to be used by him may apply in writing in prescribed manner for registration.It should be filed at th appropriate office

HOW TO APPLY FOR A TRADEMARK IN RESPECT OF specific product OR SERVICES ?

It is provided below the Trade Marks Act,1999 that product and services ar classified consistent with the International Classification of products and servicesar is the final authority in the determination of the class .he Schedule IV of the Act is annexed at the highest of this kind on trade marks.For careful description of different product and services please consult with the International Classification printed by WIPO or contact the native workplace for help.

WHAT are differing types OF TRADEMARK out there FOR ADOPTION ??

Any name (including personal or name of the applier or forerunner in business or the signature of the person), that isn't uncommon for trade to adopt as a mark. An fabricated word or any arbitrary wordbook word or words, not being directly descriptive of the character or quality of the goods/service.
Letters or numerals or any combination thereof.
The right to ownership of a trade mark is also nonheritable by either registration below the Act or by use in respect to specific product or service.
Devices, including fancy devices or symbols
Monograms
Combination of colours or maybe one color combination with a word or device Sound marks once delineated in typical notation or delineate in words by being diSumbukmmatically delineated

Who can apply for a Trademark and how ?

ANY PERSON CLAIMING TO BE THE OWNER OF A TRADEMARK USED OR PLANNED TO BE utilised BY HIM may APPLY IN WRITING IN PRESCRIBED MANNER FOR REGISTRATION.THE APPLICATION ought to CONTAIN address of applicant and agent (if any) with power of attorney ,period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office

What purpose the Trademark system serves ?

• It identifies the particular physical origin of products and services. The complete itself is that the seal of credibility.
• It guarantees the identity of the origin of goods and services.
• It stimulates further purchase.
• It serves as a badge of loyalty and affiliation.
• It may enable consumer to make a lifestyle or fashion statement.

Who benefits from a Trademark ?

The Registered owner of a trade mark will stop different traders from unlawfully victimisation his trademark sue for damages and secure destruction of infringing product and or labels

What are the benefit of register a Trademark ?

THE REGISTRATION OF A TRADE MARK CONFERS UPON THE OWNER the proper TO the employment OF THE REGISTERED TRADE MARK AND INDICATE therefore BY exploitation THE IMAGE (R) IN RELATION".THE

What are the sources of Trademark laws ?

• The national sculpture i.e., the Trade Marks Act,1999 and rules under that . Text books written by academicia .
• International multilateral convention.
• National bilateral treaty.
• Regional treaty.
• Decision of the courts.
• Office practice and rulings
• Decision of Intellectual Property Appellate Board.
• Text books written by academician and professional experts.

What does the Register of Trademark contain ?

The register of trade mark presently maintained in electronic type contains interalia the trade mark the category and goods/ services in respect of that it's registered as well as particulars moving the scope of registration of rights conferred; the address of the proprietors; particulars of trade or different description of the proprietor; the convention application date (if applicable); wherever a tradehas been registered with the consent of owner of AN earlier mark or earlier rights, that fact.

will ANY CORRECTION BE created within the APPLICATION OR REGISTER

Yes. however the fundamental principle is that the trade mark applied for shouldn't be well altered moving its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

Can a registered Trademark be removed from the register?

Yes. It may be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.



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