Trademark
Application

Exclusive right to use the trademark

Avoid infringements

Recognition of quality

Its your valuable intellectual property

Customer Loyalty

Process your Trademark Application with Taxwalla

Every business or organisation has its name; a registered trademark is a unique name or a unique symbol (logo) which represents their entity. Once registered it cannot be used by any other person or entity till it is in use and its proper paperwork is done. A trademark can be a plain word without a logo or with a logo that is registered with the Office of the Controller General of Patents, Designs and Trademarks. The department’s website is – https://ipindia.gov.in/

Administrative Steps Involved

An application for registration of trademarks is received at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the principal place of the business of the applicant is situated. The digitization and formality checking of the application is done at the respective offices.

The Application is then examined mainly as to whether the relevant mark is capable of distinguishing the applicant’s goods or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of earlier identical or similar marks existing on records. The Examination of all applications is done centrally in the Head Office of the TRADE MARKS Registry at Mumbai.

The Registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the Trade Marks Journal, an official gazette of the Trade Marks Registry, which is hosted weekly on the official website. Within four months from the date of publication, any person can file an opposition in such cases the opposition proceeding is conducted at the respective office of the Trade Marks Registry.

Under opposition proceeding, a copy of the notice of opposition is served to the applicant who is required to file a counter-statement within two months failing which the application is treated as abandoned. The copy of the counter-statement is served to the opponent, who leads evidence in support of his case by way of affidavit, then the applicant leads to evidence. After that, the opponent files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer.

The registrar’s decision is appealable to the Intellectual Property Appellate Board.

How does it work

Trademark
Registration
Process

We at Taxwalla take pride in doing all the hardwork and the running around while you can focus on your business and operations.

01

Create Your Profile on ipindia.gov.in

All trademark related compliances are done @ https://ipindia.gov.in

GET ADVISE

02

Submit Your Trade Name & Logo

You can take Trademark for either your name or your Logo or both

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03

Fill Your Details & Submit Your Documents

Our team will prepare the registration application forms with all the details and documentations

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04

Get Your Trademark Registration

Once department gets the satisfactory answers to all the queries, You get the final approval for your Trademark application

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Taxwalla Benefits

Online & Time Saving process

We will share all the neccessary documents through online means and take your signed papers and other documents in scan copies from you.

No need to visit any office

You can provide all the needed documents from the comfort of your home. One dedicated executive will be in touch over the call and emails.

Review by qualified professional to avoid errors

We have a team of qualified professionals who will review all the documents before submitting it to the government department so that we avoid the unwanted queries.

A simple online process that saves your time

We can exchange details & documents through the email, whatsapp or other convenient online modes. No need to download anymore apps.

Taxwalla Process

Fill the Form

Submit your basic details like name, contact number, email address so that someone from our team can get in touch with you.

Speak with our executive and sign papers

One of our executives will be dedicated to your task who will walk you through the complete process and prepare the needed papers.

Our executive file all the necessary forms

Based on the details and inputs received from you, our team will fill the forms & file it to the government department for future processing.

Get Your Trademark Registration

Once department gets the satisfactory answers to all the queries, You get the final approval for your Trademark application.

GET STARTED

FAQs

Following documents are required to get the trademark registration

  • Identity proof of the applicant/Aadhar/Passport
  • Address proof of the applicant
  • Certificate of Registration in case of company or LLP
  • Name or Logo to be registered as a trademark
  • PAN card of the applicant

The best trademarks are invented words or coined words or unique geometrical designs. These words are always easy to be registered. One should avoid selecting common personal or geographical names as no one can have a monopoly on them. Also, one should avoid laudatory words or words describing the quality of goods or services such as “best”, “perfect”, etc. One should conduct a basic survey to ascertain that the same trademark is already not in use in the market.

Any individual or business entity using or proposed to be using the name or logo can apply for trademark registration. A registration application can be submitted physically to any office of the department or it can be filed through the online portal at https://ipindia.gov.in.

  • Exclusive right to use the trademark
  • Avoid infringements
  • Recognition of quality
  • It’s your valuable intellectual property
  • Customer Loyalty
  • India’s national act i.e. The Trademark Act, 1999 and rules made thereunder.
  • International multilateral convention
  • National bilateral treaty
  • Regional treaty
  • Decision of the courts
  • Office practices reduced in manuals and guidelines and rulings of the courts
  • Decisions of Intellectual Property Appellate Board
  • Text Books which are written by experts and academicians

Business categories are grouped under two broad groups namely “Goods” and “Services”. Further. Depending upon the nature of activity or goods sold it is further grouped and these groups are called as “Class of Trademark”

Goods are grouped under 34 classes as follows

Class Description
Class 1 Chemicals that are used in industry, photography, forestry, unprocessed artificial resins, Tanning and adhesive substances etc.
Class 2 Paintings, coals & pigmentation, lacquers, mordants, printing, and art etc.
Class 3 Cleaning products, cosmetics, bleach and abrasives, laundry products, essential oils etc.
Class 4 Fuels, industrial oil, greases, illuminates, wetting and binding compositions, fuels, wicks etc
Class 5 Pharmaceuticals, veterinary products, dietetic, dental wax, disinfectants, herbicides, fungicides etc.
Class 6 Metal castings, hardware, locks and safes, common metal and their alloys, building material (metal), other metals are not included in any other class etc.
Class 7 Machine and machine parts (except for land vehicles), incubators for eggs etc.
Class 8 Implements and hand tools, cutlery and razors etc
Class 9 Cash registers, calculating machines and data processing equipment, teaching apparatus, magnetic data carriers, etc
Class 10 Surgical, medical and dental apparatus, artificial limbs, eyes teeth etc.
Class 11 Apparatus for heating, lighting, steam generating, cooking, refrigerating, dying etc.
Class 12 Apparatus for locomotion by land, water, and air.
Class 13 Ammunition, firearms, explosives, fireworks etc.
Class 14 Precious metal and their alloys, products in precious metals, jewellery etc.
Class 15 Musical instruments etc.
Class 16 Cardboard, paper, and goods made from these materials, print matter, bookbinding, paintbrushes, playing cards, printing blocks etc.
Class 17 Rubber, gum, asbestos, mica, and goods made from these materials and not included in other classes.
Class 18 Leather and imitations of leather, and articles which are made from these items and not included in other classes, animal skins, and hides etc.
Class 19 Non–metallic rigid pipes for buildings, asphalt, pitch, and bitumen etc.
Class 20 Picture frames, mirrors, Furniture of wood, cork, reed, cane and are not included in any other category.
Class 21 Household and kitchen utensils, brush making material, articles for cleaning purposes etc
Class 1 Chemicals that are used in industry, photography, forestry, unprocessed artificial resins, Tanning and adhesive substances etc.
Class 22 Nets, ropes, strings, sails, sacks and bags and fibrous textile materials etc.
Class 23 Yams and threads for textile use.
Class 24 Textile and textile goods which are not included in the other classes.
Class 25 Clothing, footwear, and headgear.
Class 26 and 27 Non-textile carpet, rugs, wall hangings, linoleum, and other materials that are used for covering floors.
Class 28 Game and playthings, and other sporting items which are not covered under any other class. Christmas decorations.
Class 29 Poultry items, jams, eggs etc oils and edible oils.
Class 30 Coffee, tea, sugar, cocoa, rice, tapioca, spices etc.
Class 31 Horticulture, agriculture and forestry grains those are not included in any other class. Fresh fruits and vegetables, seeds, malt etc.
Class 32 Aerated drinks, beer, non-alcoholic drinks (including juices and fruits drinks) and other things which are used for preparing beverages.
Class 33 All alcoholic beverages (excluding beer)
Class 34 matches, smoker’s articles, tobacco

Services are grouped under 11 classes as follows

Class Description
Class 35 Advertising and Business In this class, services that help the management in managing the affairs, the organization (commercial organization) are included. Any advertising activity in which an announcement is made to the general public at large or concerns any type of goods and services are included.
Class 36 Insurance and Financial In this class, activities relating to insurance, the finance sector or the monetary sector are included.
Class 37 Construction and Repair In this class, the work done by contractors, subcontractors, in the making or repairing work of buildings, or any restoration of work to its original state is included.
Class 38 Communication In this class, services that help in communicating anything between people are covered, whether oral or visual.
Class 39 Transportation and storage In this class, any service related to the storage of goods in a warehouse or any other place or transporting them from one place to another is included. The transportation can be via land, air or water.
Class 40 Material treatment in this class, any service which involves changing a chemical or the mechanical composition of a substance is included. Or any other service not included in any other class on the same lines.
Class 41 Education and Entertainment In this class, any service which improves the knowledge or mental capacity of a person or animal is included. It also includes services that entertain people or animals.
Class 42 Any scientific and technological services or research or any development of any computer hardware or software or any legal services. It particularly includes the services provided by an engineer (designing, making blueprints etc) or any research for medical services. But it does not include any services under business research covered under class 35, or any service under class 36, 37, 44.
Class 43 Temporary Accommodations Any service provided by a person or establishment which included the preparation of food or drinks for consumption services, or providing a bed for stay is covered under this class. It includes the services for reservation or a place of stay provided for animals. It specifically does not include any service covered under classes 36, 39, 40, 41 and 44.
Class 44 Medical Services This class covers the services related to hygiene, medical services, first aid, beauty parlour services to human beings or animals. It also includes the services which are related to the field of horticulture or agriculture but does not include the services which are already covered under classes 37, 39, 40, 41,42,43. It particularly includes the services of breeding of animals, services relating to plant growth, medical advice, services relating to artificial insemination.
Class 45 Any personal or social service is covered under this class. It includes surveillance of people for the protection of their interests, safety and well-being. It includes social projects like matrimony services, funeral services, etc. It does not include any services which are already covered under classes 35, 36, 39, 41, 42, 44 or any car rental services.

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