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Trademark

We Are Pleased To Introduce Ourselves As An Aryan Associate Leading Consulting Firm In India, Which Has Developed A High Specialization Consulting Services For Providing Trademark Registration, Service Mark Registration, Logo / Firm Registration. We Are Specializes In The Entire Range Of Registration Services, Our Self Provide World Class Consulting Services For Achieving Trade Mark Registration, Logo Registration, Society Registration Etc.

Trade Mark / Service Mark

Did You Know That The Only Way To Protect Your Business Identity And Intellectual Property In Anywhere Is To Register A Trademark?

A Trademark Or Service Mark Is A Word, Slogan, Symbol Or Design (Or Combination Of These) Used By A Business To Identify Its Goods Or Services And Distinguish It From Other Businesses. The Names And Logo Designs That A Company Is Using Or Is Planning To Use Are Extremely Valuable Assets That Need To Be Protected. In The Business World, The Name Of A Successful Product Or Service Contributes Greatly To Its Real Worth.

Trademarks Are Important Assets To Any Organization. A Trademark Is Not Only Used In The Course Of Business To Distinguish Your Goods Or Services From Those Of Other Traders, It Allows You To Create Your Own Unique Business Identity. ® And ™ Are Symbols Commonly Associated With Trademarks.

Without Trademark Protection, You Expose Yourself To Counterfeiters, Infringers Or Other Traders Trying To Ride On Your Goodwill And Reputation You Have Generated In Your Business. This Translates To Damage Reputation, Lost Business And Profits. At Aryan Associate, We Are Equipped To Assist You In Securing And Defending Your Trademarks.

A Trademark Is A Distinctive Sign, Which Identifies Certain Goods Or Services As Those Produced Or Provided By A Specific Person Or Enterprise.

Its Origin Dates Back To Ancient Times, When Craftsmen Reproduced Their Signatures, Or "Marks" On Their Artistic Or Utilitarian Products. Over The Years These Marks Evolved Into Today's System Of Trademark Registration And Protection. The System Helps Consumers Identify And Purchase A Product Or Service Because Its Nature And Quality, Indicated By Its Unique Trademark, Meets Their Needs.

Trademark Search

If You Want To File An Application For A Trademark, You Conduct A Trademark Search. Trademark Search And Trademark Filing Services Assist You In Protecting Your Business Name.

Trademark Search Is The Procedure By That We Can Check Which Trademark We Want To Registered That Is Already Registered Or Not. The Owner Of A Registered Trademark May Also Commence Legal Dealings For Trademark Contravention To Prevent Unauthorized Use Of That Trademark. To Check A Trademark Has Registered Or Not, We Conduct A Trademark Search So That We Can Register Our Trademark Successfully. Trademark Search Is The Protection Agreed By The Government To The Business Entities As To Getting The Unique Registration Of Trademark.

You Will Receive A Report That Identifies All Similar Existing Trademarks To The One You Are Proposing. This Report Will Assist You In Making A Decision To Proceed With Registration Or Make Amendments To The Proposed Trademark.

Advantages of Trademarks

If You Have A Product Or Service Logo Or Design That Is Legally Protected As A Trademark, You Can Challenge Other Persons Who May Wish To Use Your Ideas Without Your Permission. It Also Gives You A Sense Of Security From Being Robbed Of The Time And Energy Utilized To Conceive The Perfect Design To Represent Your Products And Services.

Register A Trademark To Protect Your :

Business Name

Website Name - Domain Name

Logo

Name Of Your Product Or Service

Company Slogan

There Is No Point Investing In A Trademark That You Can’t Register. Registering The Mark Protects It From Competitors, Ensures Your Ownership Rights In The Mark And Makes It Easier To Enforce Your Rights Against Copy Cats. As You Will Read Below, Certain Types Of Words Are Inherently Difficult To Register And Should Be Avoided.

Registering A Trademark Protects A Company's Name Or Logo, Which Is Often A Company's Most Valuable Asset

Functions of Trademarks

Trademarks May Perform Different Functions. In Particular They

Help Consumers Identify And Distinguish Products Or Services

Enable Companies To Differentiate Between Their Products

Are A Marketing Tool And The Basis For Building A Brand Image And Reputation

May Be Licensed And Provide A Direct Source Of Revenue Through Royalties

Are A Crucial Component Of Business Assets

Encourage Companies To Invest In Maintaining Or Improving Quality Products And May Be Useful For Obtaining Finance.

Procedure To Register Trade-Mark In India

Here Is The Usual Procedure:

Preliminary Search : The First Step Is To Make An Availability Search By Consulting The Indian Trade-Mark Database Accessible Via The IIPO (Indian Instinctual Property Office). Website In Order To Verify If The Mark You Wish To Register Is Not Confusing With Any Other Mark. The Best Strategy Is To Proceed With This Search Prior To The Launch Of Your Products And/Or Services On The Market To Avoid Possible Legal Proceedings. The Cost Of The Search Is Generally Quite Insignificant In Comparison To The Costs Of Re-Branding If There Is Difficulty In Using The Trademark Because It Infringes The Right Of Others.

Filing of an Application : In Order To Complete The Registration Process, The Trade-Mark Must Be Used In India Before Hand. However, An Application Can Be Filed On The Basis Of Intended Use, Which Allows The Enterprise To Begin Protecting Its Mark Before It Is Actually Used In The Marketplace. Once The Application Is Filed, The Registration Process Is Formally Under Way.

Reception of the Official Filing Confirmation : The IIPO(Indian Instinctual Property Office) Assigns An Application Number And A Filing Date To Your Application. The Application Is Then Ready To Be Examined.

Examination : An Examiner From The IIPO Verifies Your Application In Order To Determine If Your Mark Can Be Registered And If All Required Formalities Are Met. If It Is Not The Case, You Will Be Afforded The Opportunity To Modify Your Application Or Argue In Order To Overcome Any Objections Raised By The Examiner. If Everything Is Correct, Your Mark Will Be Approved And Advertised In The Trade-Marks Journal.

Publication : Your Application Is Advertised In The Trade-Marks Journal. If No Opposition Is Filed Against Your Mark During The 3 Months After Its Publication, It Will Be Allowed. On The Contrary, If Your Application Has Been Opposed, It Will Be Deferred Until The Resolution Of The Opposition.

Opposition (when applicable) : You Will Receive A Copy Of The Statement Of Opposition. You Will Have A Month After Its Reception To File A Counter Statement Or Request An Extension Of Time In Order To Do So. Then, Both Parties Will Have The Right To File Their Evidence To Justify Their Positions. If The Opposition Is Withdrawn, Your Application Will Then Be Allowed. Written Arguments Can Be Submitted. A Hearing Is Also Possible And Can Be Held By Phone.

Allowance : You Should Now Pay The Registration Fees. If You Have Filed An Application Based On Intended Use, You Should Also File A Declaration Of Use In Order To Obtain Your Registration. It Is Possible To Request Extensions Of Time To Meet These Requirements. If No Declaration Of Use Is Timely Filed, The Application Will Lapse.

Registration : In The Absences Of Opposition, A Trademark Is Registered, And The Relative Certificate Of Registration Is Issued For 10 Years From The Date Of Filing Of An Application. Now It Is Taking 24-30 Months From The Filling Of The Trademark Application To The Final Registration Of The Trademark.

You Will Receive The Official Registration Certificate. In India A Trade-Mark Registration Is Valid For 10 Years After The Registration Date And Can Be Renewed Indefinitely For Consecutive Periods Of 10 Years.
Obtaining Registration Of Your Trademark In India Gives You Legal Rights And Protection To The Trademark In India Only. If You Intend To Expand Your Business To Other Countries, It Is Essential To Register Your Trademark In These Countries.

Trade Mark Act 1999

OTHER DIFFERENT CLASSES OF GOODS : There Are 45 Different Classes Of Goods Prescribed Under The Trademark Act.1999 An Application Is Made In A Particular Class Depending Upon The Goods On Which It Is Being Used Or Proposed To Be Used. Multiple Applications Can Be Made In Different Classes For The Same Mark.

SERVICE MARK : Service Marks Are Used By The Services Industry To Indicate The Source Or Origin Of The Services In India. Service Marks Can Now Be Registered Under Classes 35 & 42.Service Industry Providing Services Like Wholesale & Retail Traders, Showroom, Beauty & Health Care, Insurance, Courier, Transport, Communication, Educational & Entertainment Are Now In A Position To Protect Their Names & Marks.

WELL KNOWN ESTABLISH TRADEMARK : Now Well Known Trademarks Will Enjoy A Greater Protection. Persons Will Not Be Able To Register Or Use The Mark If That Is A Well-Known Trademark Although The Goods Are Different.

SINGLE APPLICATIONS : Now A Single Application Can Be Filed For Registration In More Than One Class.

REGISTRATION DURATION : The Registration Of A Trademark Is Valid For A Period Of 10 Years And Can Be Renewed From Time To Time For Further Periods Of 10 Years. If The Mark Is Not Renewed It Will Be Removed From The Register. A Mark That Has Been Removed Can Be Restored By Filing An Application With In 1 Year From The Expiration Of The Last Renewal. By Renewing It The Mark Can Be Kept Alive Indefinitely.

COLLECTING MARKS : Now It Will Be Possible To Register A Trademark By Associations Or Co-Operating Societies, Textile Associations, Jute Associations & Silk Associations Etc.

Trade Mark Classes

THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002
Classification of Goods and Services – Name of the Classes

(Parts Of An Article Or Apparatus Are, In General, Classified With The Actual Article Or Apparatus, Except Where Such Parts Constitute Articles Included In Other Classes).

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. 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.

 

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