What is Trademark Registration in India?
Trademark registration in India is a formal legal process that allows a person, business, or organization to obtain exclusive ownership rights over a distinctive mark—such as a name, logo, slogan, symbol, word, design, or combination thereof—used to represent their brand, product, or service. It plays a critical role in protecting intellectual property rights (IPR) and distinguishing your offerings from competitors in a highly competitive marketplace.
Under the Trade Marks Act, 1999, any individual, company, LLP, startup, MSME, or proprietorship engaged in trade or commerce can apply for online trademark registration in India through the IP India portal. Once the application is filed, the mark goes through examination, publication in the Trademark Journal, and upon successful clearance of trademark objections (if any), the Trademark Registration Certificate is issued by the Controller General of Patents, Designs and Trade Marks, Ministry of Commerce and Industry, Government of India.
Why to register trademark in India?
Securing your brand name, company logo, tagline, or domain name through trademark registration is essential to prevent misuse and establish your legal rights. With the help of expert TM attorneys and consultants at Compliance Calendar LLP, the entire trademark filing process can be made seamless, cost-effective, and compliant with Indian trademark laws.
Register trademark for new business or existing business?
Whether you're launching a new business or already operating an established company, trademark registration should be one of the first steps in your brand protection strategy. Our IP Attorneys can help you not just in trademark search report and filing but also in the complete process of trademark registration in India till you receive the trademark registration certificate.
Benefits of Trademark Registration in India
Registering a trademark in India is one of the most important steps in securing your brand identity and ensuring long-term protection in a competitive marketplace. Whether you're a startup, MSME, or a well-established enterprise, trademark registration offers numerous legal, commercial, and strategic advantages that go beyond just owning a name or a logo.
1. Exclusive Legal Rights
Once your trademark is registered under the Trade Marks Act, 1999, you gain exclusive rights to use the mark in connection with your goods or services throughout India. It allows you to take legal action against any third party attempting to use a similar or identical mark without your consent.
2. Brand Recognition and Trust
A registered trademark builds brand recognition in the minds of consumers. It serves as a badge of origin that assures customers of consistent quality, creating a trustworthy identity for your business over time. It helps in distinguishing your products or services from others in the market.
3. Protection Against Infringement
Trademark registration acts as a legal deterrent. It empowers you to initiate action against trademark infringement, counterfeiting, or unauthorized usage of your brand by competitors. Without registration, your ability to enforce your rights becomes weaker in case of disputes.
4. Use of the ® Symbol
Once your trademark is registered, you are entitled to use the ® symbol, which signifies that the mark is officially registered and legally protected. It sends a strong signal to others that the brand has legal backing and must not be copied or misused.
5. Intellectual Property Asset
A trademark is a valuable intangible asset that can appreciate over time. As your brand grows, your trademark gains commercial value and can be licensed, franchised, transferred, or even sold to third parties, opening additional revenue streams.
6. Basis for Global Registration
India is a member of the Madrid Protocol, which allows Indian trademark owners to seek international trademark protection in over 120 member countries through a single application. A registered trademark in India can be the foundation for your global brand protection strategy.
7. Competitive Advantage in Business
Trademark registration gives you an edge over competitors by legally safeguarding your brand elements. It helps prevent market confusion and dilution of your brand identity, especially in crowded sectors like tech, fashion, F&B, legal, or e-commerce.
8. Enhances Business Credibility
Having a registered trademark improves your brand’s credibility with investors, consumers, business partners, and government agencies. It reflects that you are serious about protecting your brand and operating within legal frameworks.
9. Easy Enforcement and Damages Recovery
In case of infringement, having a registered trademark strengthens your case in court and enables you to claim damages, injunctions, or other legal remedies. It simplifies the burden of proof and adds weight to your legal position.
10. Lifetime Protection with Renewals
Once registered, a trademark is valid for 10 years and can be renewed indefinitely every 10 years by filing the renewal application. This means your brand can enjoy lifetime legal protection as long as it is renewed on time.
Trademark registration is not just a legal formality—it's a brand-building and risk-mitigation tool that plays a vital role in the success and sustainability of your business. With Compliance Calendar LLP, you get expert assistance from experienced TM Attorneys, ensuring a smooth, cost-effective, and legally compliant registration process.
Who Can Apply for Trademark in India?
Trademark registration in India is not limited to large corporations. The Trade Marks Act, 1999 allows a wide range of applicants to file for trademark protection, provided they are using or intend to use the trademark for their business, product, or service. Whether you're an individual entrepreneur or a multinational enterprise, you are eligible to apply for trademark registration in India.
Here’s a detailed breakdown of who can apply:
1. Individual (Person)
Any person, including a sole proprietor or individual entrepreneur, can apply for trademark registration in their own name. They don’t need to have a registered business or company to apply. The application must be filed in the individual’s personal capacity, and the mark should ideally be used in a trade or service offering.
Example: A freelance graphic designer or a YouTuber registering their personal brand name or logo.
2. Proprietorship Firm
A sole proprietorship business can apply for a trademark in the proprietor’s name, as proprietorships do not have a separate legal identity from the owner. It's essential that the name of the sole proprietor is mentioned in the application.
Note: The business name (if used in the course of trade) can be added as “trading as [Business Name]” in the application.
3. Partnership Firm / LLP (Limited Liability Partnership)
Registered or unregistered partnership firms and LLPs can file a trademark application. In the case of a partnership, all partners must be listed in the application. An LLP, being a separate legal entity, can file the trademark in its own name.
4. Private Limited Company / Public Company / One Person Company (OPC)
Companies incorporated under the Companies Act, 2013 (or earlier versions) are separate legal persons and can apply for a trademark in their own name. The trademark becomes an intellectual property asset of the company, not of individual directors or shareholders.
Example: A tech startup registered as a private limited company can register its brand name and app logo as trademarks.
5. Trusts / Societies / NGOs
Registered non-profit organizations such as trusts, societies, or Section 8 companies can apply for a trademark if the mark is being used for branding their services or charitable initiatives.
Example: An NGO conducting awareness campaigns under a specific logo or slogan.
6. Foreign Nationals and Foreign Entities
Under Indian trademark law, foreign nationals, companies, or international organizations can also file for trademark registration in India, regardless of whether they have a place of business in India. They can claim proposed to be used status for trademark filings.
7. Startups and MSMEs
Startups recognized by DPIIT and registered Micro, Small, and Medium Enterprises (MSMEs) can avail reduced government fees for trademark registration. This makes brand protection accessible and affordable for emerging businesses.
What You Need for Trademark Registration?
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Valid proof of identity and address
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Trademark to be registered (wordmark/logo/device)
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Description of goods/services (under appropriate Trademark Classes)
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Signed TM-48 (Power of Attorney) authorization form for attorney representation
Is Company or LLP required for Trademark Registration?
No, Company Registration or LLP Registration is not required before filing for Trademark Registration. Even individual founders building products or services in stealth mode can secure their brand by filing a trademark application in their name. This allows them to protect their intellectual property without a formal company structure. To file, they only need to provide basic documents such as PAN and Aadhaar to a Trademark Attorney at Compliance Calendar LLP, and we guide them through the application process. This early registration ensures brand security and exclusive rights even before a business entity is established.
At Compliance Calendar LLP, we assist all types of applicants—from individual artists and tech startups to growing MSMEs and global corporations—through every step of the trademark registration process with expert legal support and proper documentation.
Different Types of Trademark in India
Trademark registrations in India are categorized into various types, each serving different purposes:
- Product Mark: Used for goods or tangible products, such as electronics, clothing, or packaged goods.
- Service Mark: Identifies services offered by businesses, such as consulting, entertainment, or educational services.
- Collective Mark: Represents a collective group or organization, indicating specific characteristics or standards of products or services associated with that group.
- Certification Mark: Indicates compliance with specific standards or quality requirements set by the certifying body. It assures consumers of the quality or origin of the products or services.
- Shape Mark: Protects the distinctive shape or packaging of a product, making it recognizable to consumers.
- Sound Mark: Represents a unique sound or musical jingle associated with a product or service, such as the iconic sound logo used in commercials.
- Pattern Mark: Protects unique patterns or designs used on products, ensuring they are distinguishable from others in the market.
Each type of trademark registration caters to different business needs and enhances brand recognition in the marketplace. To understand more on this, you can book a consultation call with one of our trademark attorney.
Documents Required for Trademark Registration in India
To apply for trademark registration in India, certain key documents must be submitted along with the application. Whether you're an individual, startup, MSME, company, or LLP, having these documents ready ensures a faster and smoother online trademark filing process with the Indian Trademark Registry.
Basic Documents:
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Applicant’s Identity and Address Proof: PAN card and Aadhaar Card Copies (for individuals); Certificate of Incorporation or Partnership Deed (for entities).
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Trademark Image/Logo (if applicable): JPEG format (200x200 pixels); not needed for wordmarks.
Legal Authorizations:
Usage & Concessions:
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User Affidavit: Needed if the trademark is already in use before the filing date.
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Startup/MSME Certificate: To claim reduced trademark filing fees of INR 4,500.
Contact Details:
Pro Tip: Having all documents ready helps avoid delays, objections, or rejection from the Trademark Office. At Compliance Calendar LLP, we review, prepare, and file your trademark documents professionally to ensure 100% compliance and smooth approval. Not just this, our team does the tradeamark docketing where each month you receive an update on your trademark registration status.
Procedure for Online Trademark Registration in India
The trademark registration process in India typically involves several key steps:
- Trademark Search: Conduct a Trademark Search to ensure the availability of the desired trademark and assess potential conflicts with existing trademarks.
- Document Preparation: Gather necessary documents and information, including proof of identity, address, and details of the trademark to be registered. Preparation of Power of Attorney in the Attorney Name.
- Filing of Application: Submitting the trademark application along with the required documents to the Trademark Registrar Online. One can also choose to file offline but that is long process and costlier.
- Trademark Examination: The Trademark Registrar examines the application to ensure compliance with legal requirements and conducts a search for prior conflicting trademarks with Examination Report.
- Publication: If the application meets all requirements, it is published in the Trademark Journal to invite public oppositions if they feel that accepted trademarks are similar to their marks.
- Trademark Opposition: After publication of trademark, the registry gives 4-month time period to any third party to oppose your trademark. If no Trademark Opposition is raised within the specified period of 4 months, the trademark proceeds to registration.
- Registration: Upon successful completion of the examination and publication stages, the trademark registration certificate is issued to the applicant by Trademark Registry of Mumbai, granting exclusive rights to use the trademark.
Govt. Fees for Filing Trademark Application
For every trademark application that an applicant files under any trademark class, it is considerered to be a separate application and Tradeamark Registry takes fess of each application while filing Form TM-A. For example, a restaurant business will generally file trademark application in Class 43 (Category Class for Hotels and Restaurants) and Class 35 (Secondary Class for Online Sales, Advertising, Marketing, Business management etc).
Many applicants choose to file trademarks under Class where it is required to select number of trademark classes and it is multiplied by the given amount. The Governement fees also vary depending on the type of trademark applicant. You may refer the to the below table that talks about the type of applicant and applicables fees in online as well as physical filing mode.
The Trademark Classification spans 45 distinct classes:
To find out the correct trademark class is important to securing the best protection for your brand. Each trademark application is categorized into specific classes, covering various goods and services, ensuring your trademark aligns precisely with your business activities.
Classes 1-34 cover goods, while Classes 35-45 cover services.
Trademark Classes for Goods
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Classes
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Categories
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Description
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Class 1
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Chemicals
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Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
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Class 2
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Paints
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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
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Class 3
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Cosmetics and Cleaning
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Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
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Class 4
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Lubricants and Fuels
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Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting
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Class 5
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Pharmaceuticals
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Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
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Class 6
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Metal Goods
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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
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Class 7
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Machinery
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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
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Class 8
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Hand Tools
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Hand tools and implements (hand-operated); cutlery; side arms; razors
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Class 9
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Electrical and Scientific Apparatus
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Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; 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
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Class 10
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Medical Apparatus
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Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
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Class 11
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Environmental Control Apparatus
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Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
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Class 12
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Vehicles
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Vehicles; apparatus for locomotion by land, air or water
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Class 13
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Firearms
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Firearms; ammunition and projectiles; explosives; fireworks
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Class 14
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Jewelry
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Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments
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Class15
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Musical Instruments
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Musical instruments
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Class 16
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Paper Goods and printed matter
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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); printers’ type; printing blocks
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Class 17
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Rubber Goods
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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
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Class 18
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Leather Goods
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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
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Class 19
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Non- Metallic Building Material
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Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
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Class 20
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Furniture and Articles Not Otherwise Classified
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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
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Class 21
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Houseware and Glass
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Household or kitchen utensils and containers; combs and sponges; brushes (except paint 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
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Class 22
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Cordage and Fibers
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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
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Class 23
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Yarns and Threads
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Yarns and threads, for textile use
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Class 24
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Fabrics
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Textiles and textile goods, not included in other classes; bed and table covers
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Class 25
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Clothing
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Clothing, footwear, headgear
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Class 26
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Fancy Goods
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Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
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Class 27
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Floor Coverings
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Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)
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Class 28
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Toys and Sporting Goods
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Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
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Class 29
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Meat and processed Foods
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Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats
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Class 30
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Staple Foods
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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
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Class 31
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Natural Agricultural products
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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
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Class 32
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Light Beverages
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Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
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Class 33
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Wines and spirits
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Alcoholic beverages (except beers)
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Class 34
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Smoker’s Products
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Tobacco; smokers’ articles; matches
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Trademark Classes for Services
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Classes
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Categories
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Description
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Class 35
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Advertising and Business
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Advertising; business management; business administration; office functions
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Class 36
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Insurance and Financial
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Insurance; financial affairs; monetary affairs; real estate affairs
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Class 37
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Business and Construction
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Building construction; repair; installation services
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Class 38
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Telecommunication
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Telecommunications
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Class 39
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Transportation and Storage
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Transport; packaging and storage of goods; travel arrangement
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Class 40
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Treatment of Material
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Treatment of materials
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Class 41
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Education and Entertainment
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Education; providing of training; entertainment; sporting and cultural activities
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Class 42
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Scientific and Technology services
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Education; providing of training; entertainment; sporting and cultural activities
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Class 43
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Hospitality
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Services for providing food and drink; temporary accommodation
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Class 44
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Medical, Beauty and Agriculture Services
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Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services
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Class 45
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Personal and Legal services
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Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals
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Trademark Renewal and Maintenance
Once registered, a trademark remains valid for ten years from the date of application. To maintain its validity, the trademark must be renewed every ten years by filing a Trademark Renewal with the Trademark Registrar. Failure to renew the trademark can lead to its removal from the register, forfeiting exclusive rights.
Trademark Post-Registration Services
Beyond registration and renewal, trademark owners may require additional services:
- Trademark Assignment: Transferring ownership of a registered trademark to another entity is Trademark Assignment.
- Trademark Licensing: Allowing another party to use the trademark under specified conditions.
- Trademark Enforcement: Taking legal action against Trademark Infringement or unauthorized use of the trademark.
How Can We Help you in Your Trademark Registration?
Our IPR Attorneys specializes in assisting businesses and individuals with trademark registration and related services. Our diverse services include:
- Trademark Search: Conducting thorough searches to ensure the availability and uniqueness of trademarks.
- Application Filing: Expertly preparing and submitting trademark applications to the Trademark Registrar on behalf of clients.
- Examination and Publication: Managing the Trademark Examination process and responding to objections, if any, raised by the Trademark Registrar or third parties.
- Renewal and Maintenance: Assisting with trademark renewal applications and providing ongoing support for trademark management.
- Legal Representation: Offering legal advice and representation in trademark disputes, oppositions, and litigation proceedings.
Protect your brand today with Compliance Calendar ® and ensure the longevity and exclusivity of your trademarks in India. Contact us at info@ccoffice.in or WhatsApp/ Call at +91 - 9988424211 today.
Compliance Calendar ®