Category: IPR

Trademark class search registration is based on a system known as “Classes” of goods and services. It is necessary to mention a suitable class while registering a trademark class 2. The International Classification of Goods and Services uses the class number to divide services and goods into 45 Classes of Trademark. Classes 1-34 include goods, whereas Classes 35-45 deal with services. These classifications are used by the Trademark Registry to group trademarks.

Trademark Class 2 Classification

Paints, colorants, and preparations used to prevent erosion are mostly included in Trademark Class 2. Paints, varnishes, and lacquers for industry, handicrafts, and the arts, as well as dyes for clothes and colorants for foods and beverages, are specifically included in this class. To help you focus your search in the trademark database, the following materials from a variety of topics are the focus of trademark class 2.

1. Washes and Paints;
2. Colorants, Inks, and Dyestuffs for clothing;
3. Thinners and Thickeners for Paints, Inks, Dyes, and Coatings;
4. Varnishes and Polishes for industry, handicrafts, and arts;
5. Raw Natural Resins;
6. Preparations for protection against Corrosion and Rusting;
7. Colorants used in Beverages and Foodstuffs;
8. Mordant, Emulsions, Inks, Ceramic paints;
9. Preservatives against rust and deterioration of Wood;
10. Metals in powder and foil forms used generally by painters, artists, painters, decorators.

The products listed below CANNOT fall under Trademark Class 2: Varnishes and Paints

1. Unprocessed synthetic resins
2. Blueing of laundry Cosmetic colors
3. Paint cans (articles for use in school)
4. Varnishes and paints for insulation.

What Conditions Must Be Met Before A Trademark Class 2 Can Be Registered?

1. Specifications of the brand name, logo, symbol, or slogan that necessitate trademark registration.
2. Date of the trademark’s initial use.
3. Information on the trademark owner, including name and address.
4. The names of all the members if the company name is the subject of the trademark application.
5. TM-48, an authorization form.

What Advantages does Class 2 Trademark Registration Provide?

The use of a trademark enables you and any third party to distinguish your products and services from those of your rival. The fact that geographical names, well-known names, fair trade phrases, and standard density cannot be registered is nevertheless important to remember.

Legal Defense

Because they fall under the IPR category, trademarks are shielded from annexation. Once you’ve completed the trademark application, you can get the Symbol “TM” for your items.

Differentiation of Products

Brand Recognition A trademark will help you differentiate your product from that of your rivals.

Customers evaluate any product’s appearance, quality, and features against those of any manufacturer of like goods.

Asset Creation

A trademark registration is a resource for any commercial endeavor. The intellectual property right known as a trademark carries a value associated with the products it identifies.

A Detailed List of Goods Classified under Trademark Class 2:

Acid dyes	Acrylic paints	Acrylic paints for artists
Acrylic paints for use in art	Agglutinants for paints	Alcohol soluble dyes
Alizarin dyes	Aluminium paints	Aluminium powder for painting
Aluminium powder for use in painting, decorating and art	Aluminium powder for use in painting, decorating, printing and art	Aluminium powders for painting
Aniline dyes	Annatto	Annatto [dyestuff]
Annatto [dye]	Annotto	Annotto [dyestuff]
Anti-corrosion agents	Anti-corrosion bands	Anti-corrosion coatings [paints]
Anti-corrosion compositions	Anti-corrosion compounds	Anti-corrosion greases
Anti-corrosion oils	Anti-corrosion paints	Anti-corrosion paper
Anti-corrosion preparations	Anti-corrosion substances	Anti-corrosion tape
Anti-corrosion waxes	Anti-corrosive agents	Anti-corrosive bands
Anti-corrosive coatings [paints]	Anti-corrosive compositions	Anti-corrosive compounds
Anti-corrosive greases	Anti-corrosive oils	Anti-corrosive paints
Anti-corrosive preparations	Anti-corrosive substances	Anti-corrosive waxes
Anti-fouling paints	Anti-graffiti coatings [paints]	Anti-rust greases
Anti-rust oils	Anti-rust preparations	Anti-tarnishing preparations for metals
Anti-urine paints	Anticorrosive agents	Anticorrosive bands
Anticorrosive coatings [paints]	Anticorrosive compositions	Anticorrosive compounds
Anticorrosive greases	Anticorrosive oils	Anticorrosive paints
Anticorrosive preparations	Anticorrosive substances	Anticorrosive waxes
Architectural paints	Arnotta	Arnotta [dyestuff]
Asbestos paints	Auramine	Automobile cooling system rust inhibitors
Automobile paints	Automotive paints	Bactericidal and fungicidal paints
Bactericidal paints	Badigeon	Basic dyes [cationic dyes]
Binding agents for paints	Binding preparations for paints	Bitumen varnish
Bronze powder for painting	Bronzing lacquers	Camouflage paints for military equipment
Canada balsam	Caramel coloring for use in the manufacture of beverages	Caramel coloring for use in the manufacture of foodstuffs
Caramel colouring for use in the manufacture of beverages	Caramel colouring for use in the manufacture of foodstuffs	Caramel [food colorant]
Carbon black for use as a pigment	Carbon black [pigment]	Carbonyl [wood preservative]
Ceramic paints	Clear and pigmented coatings in the nature of paint	lear protective coatings for vehicles
Clothing dyes	Coating compositions in the nature of paints for industrial applications	Coating preparations having water repellent properties [paint]
Coatings for roofing felt [paints]	Coatings for tarred felt [paints]	Coatings for wood in the nature of paints
Coatings for wood [paints]	Coatings used for furniture finishing	Coatings [paints]
Cobalt oxide for use as a colorant	Cobalt oxide [colorant]	Cochineal carmine
Colophony	Colophony *	Color pigments
Colorants	Colorants *	Colorants for beer
Colorants for beverages	Colorants for butter	Colorants for concrete
Colorants for liqueurs	Colorants for textiles	Colorants for the restoration of furniture in the form of markers
Colorants for use in the manufacture of beverages	Colorants for use in the manufacture of cosmetics	Colorants for use in the manufacture of food
Colorants for use in the manufacture of paint	Colorants for use in the manufacture of paper	Colorants for use in the manufacture of pharmaceuticals
Colorants for use in the manufacture of plastic molding compounds	Colorants for use in the manufacture of printing ink	Colorants for use in the manufacture of soap
Colorants, dyes	Colored paints for facades	Colour pigments
Colourants for concrete	Coloured paints for facades	Copal
Copal varnish	Corrosion inhibiting preparations for vehicles	Corrosion inhibitors in the nature of coatings
Creosote for wood preservation	Damp proofing paints	Damp-proofing paints
Decorative spray coatings	Decorative spray coatings [paints]	Direct dyes
Distempers	Distempers [water paint]	Dope for model vehicles
Dry inks	Drying agents for paints	Duplicating ink
Dye-wood	Dyes	Dyes *
Dyes for making soap	Dyes for use on plastics	Dyes for wood
Dyestuffs	Dyestuffs for textiles	Dyewood
Dyewood extracts	Edible ink cartridges, filled, for printers	Edible inks
Emulsion paints	Enamel paints	Enamels for painting
Enamels [varnishes]	Engraving ink	Epoxy resin coatings
Exterior paint	Exterior paints	Fabric dyes
Fabric paints	Filled ink cartridges for photocopiers	Filled ink cartridges for photocopiers and printers
Filled ink cartridges for printers and photocopiers	Filled ink jet cartridges	Filled toner cartridges for laser printers
Filled toner cartridges for printers and photocopiers	Finger paints	Fire retardant paints
Fire retardant pigments	Fire-retardant coatings [paints]	Fire-retardant paints
Fire-retardant pigments	Fireproof paints	Fixatives for colorants
Fixatives for dyestuffs	Fixatives for lacquers	Fixatives for paints
Fixatives for varnishes	Fixatives for watercolors	Fixatives [varnishes]
Floor paints	Floor protection varnishes	Fluorescent brightening agents [dyes]
Fluorescent paints	Foils of lead alloys for use in painting, decorating, printing and art	Foils of lead for use in painting, decorating, printing and art
Foils of metal for use by decorators	Foils of precious metal for use in painting, decorating, printing and art	Food colorants
Food colorants for domestic use	Food colors for domestic use	Food dyes
Food dyes [food colorants]	French polish	Fungicidal paints
Gamboge for painting	Gilding preparations	Glazes [paints, lacquers]
Gold foil	Gold foil [leaf]	Gold leaf
Gold paint for ceramics	Gum resins	Gum turpentine
Gum turpentine for use as paint thinner	Gum-lac	Heat resistant paints
House paints	Indigo for use as a colorant	Indigo [colorant]
Ink cartridges, filled, for photocopiers and printers	Ink cartridges, filled, for printers and photocopiers	Ink for inkjet printers
Ink for leather	Ink for photocopiers	Ink for photocopiers and printers
Ink for printers and photocopiers	Ink for tattooing	Ink jet cartridges, filled
Ink jet printer ink	Ink markers for marking livestock	Inkjet cartridges, filled
Inkjet printer ink	Inks for engraving	Inks for marking
Inks for printing	Inks for printing, marking and engraving	Inks for use in offset printing
Inks for use in silk screen printing	Inorganic pigments	Intaglio ink
Interior paint	Interior paints	Lacquers
Lamp black [pigment]	Lead alloys in powder form for use in painting, decorating, printing and art	Leather mordants
Leather stains	Lime wash	Lime wash paints
Litharge	Livestock marking dye	Logwood extracts [dyes]
Lower hull paints	Luminous paints	Madder
Malt caramel [food colorant]	Malt colorants	Marking ink for animals
Marking inks	Mastic [natural resin]	Metal foil for use in painting, decorating, printing and art
Metallic inks for use in art	Metallic inks for use in printing	Metallic printing inks
Metals in foil and powder form for use in painting	Metals in foil and powder form for use in painting, decorating, printing and art	Metals in foil form for painters, decorators, printers and artists
Metals in leaf and powder form for use in painting, decorating, printing and art	Metals in powder form for use in painting, decorating, printing and art	Mimeographing inks
Mineral spirits for use as paint thinners	Minium	Mixed paints
Mordant dyes	Mordants	Mordants for leather
Mordants for use in industry	Mordants for wood and leather	Mordants [fixatives] for water colours
Mordants [fixatives] in the nature of varnishes	Naphthol dyes	Natural crude resins
Natural dyes	Natural resins for use in the manufacture of adhesives	Natural resins, raw
Non-ferrous metal foil for use in painting, decorating, printing and art	Non-ferrous metals in foil or powder form for use in painting, decorating, printing and art	Non-ferrous metals in powder form for use in painting, decorating, printing and art
Non-stick coatings in the nature of paint	Nonferrous metal foil for use in painting, decorating, printing and art	Nonferrous metals in foil or powder form for use in painting, decorating, printing and art
Nonferrous metals in powder form for use in painting, decorating, printing and art	Offset printing inks	Oil colors
Oil for the preservation of wood	Oil paints	Oil paints for artists
Oil paints for use in art	Oil soluble dyes	Oils for the preservation of wood
Oils for the treatment of wood	Oils for use in the treatment of wood	Orange lead
Organic pigments	Organic thickening agents for paints	Pad printing inks
Paint crayons for marking livestock	Paint for artists	Paint for concrete floors
Paint for industrial equipment and machinery	Paint for use in the manufacture of automobiles	Paint for use in the manufacture of ceramics
Paint for use in the manufacture of furniture	Paint markers for marking livestock	Paint primers
Paint reducers	Paint reducers for anti-graffiti coatings	Paint sealers
Paint thickeners	Paint thinner	Paint thinners
Paint thinners for anti-graffiti coatings	Paints	Paints *
Paints for artists	Paints for arts and crafts	Paints for automobiles
Paints for concrete floors	Paints for industrial equipment	Paints for industrial equipment and machinery
Paints for machinery	Paints for marine use	Paints for model aeroplanes
Paints for model airplanes	Paints for model vehicles	Paints for protection against graffiti
Paints for use in the automobile industry	Paints for use in the manufacture of automobiles	Paints for use in the manufacture of ceramics
Paints for use in the manufacture of furniture	Paints for vehicles	Paints in powder form
Paints, varnishes, lacquers	Paper for dyeing Easter eggs	Pigment siccatives
Pigmented coatings in the nature of paints	Pigments	Pottery enamels
Powdered paints	Powders of precious metals for use in painting, decorating, printing and art	Precious metal foil for use in painting, decorating, printing and art
Precious metals in foil or powder form for use in painting, decorating, printing and art	Precious metals in powder form for use in painting, decorating, printing and art	Preservatives against deterioration of wood
Preservatives against rust and against deterioration of wood	Preservatives against rust in the nature of coatings	Primer
Primer thinners	Primers	Printers’ ink
Printers’ pastes [ink]	Printing ink	Printing toner
Protective preparations for metals	Prussian blue	Raw natural resins
Red lead	Reducers for paints	Repositionable paint patches
Resins for coating purposes	Roofing compounds [paints]	Rust inhibiting preparations in the nature of a coating for use on vehicles
Rust inhibitors for automobile cooling systems	Rust preventatives in the nature of a coating	Rust preventatives in the nature of coatings
Rust protecting paints	Saffron [colorant]	Sandarac
Screen printing inks	Shellac	Shellac for use as a surface coating
Shoe dyes	Siccatives for lacquers	Siccatives for paints
Siccatives for use as a drying agent for coatings and inks	Siccatives for use as drying agents for coatings	Siccatives for use as drying agents for coatings and inks
Siccatives for use as drying agents for inks	Siccatives for varnishes	Siccatives [drying agents] for paints
Sienna earth	Silk screen printing inks	Silver emulsions [pigments]
Silver foil	Silver foil [leaf]	Silver leaf
Silver paint for ceramics	Silver paste	Silvering powders
Solvents for thinning paints	Soot [colorant]	Spray paint aerosols for marking livestock
Stains for leather	Stains for use on floors	Sulfur dyes
Sulphur dyes	Sumac for varnishes	Synthetic dyes
Synthetic resin paints	Synthetic resin paints for plastic products	Synthetic resin primers [paints]
Synthetic resin-based colorants	Synthetic resin-based paints	Synthetic resins for protection against corrosion
Synthetic thickeners for paints	Tattoo colors	Tattoo colours
Tattoo dyes	Tattoo ink pastes for marking livestock	Tattoo inks
Tattooing ink	Thermochromic printing inks	Thermoplastic paint materials for use in marking road surfaces
Thermoplastic paints for use in marking road surfaces	Thermoplastic road marking paints	Thickeners and hardeners for inks
Thickeners and hardeners for varnishes	Thickeners for coatings	Thickeners for colors
Thickeners for colours	Thickeners for dyes	Thickeners for inks
Thickeners for paints	Thickeners for pigments	Thickeners for varnishes
Thickening agents for paints	Thickening preparations for paints	Thickening substances for paints
Thinners for coatings	Thinners for dyes	Thinners for dyestuffs
Thinners for inks	Thinners for lacquers	Thinners for paint
Thinners for paints	Thinners for varnishes	Titanium dioxide [pigment]
Titanium white	Toner	Toner cartridges, filled
Toner cartridges, filled, for ink jet printers	Toner cartridges, filled, for ink-jet printers	Toner cartridges, filled, for inkjet printers
Toner cartridges, filled, for laser printers	Toner cartridges, filled, for printers and photocopiers	Toner for photocopiers
Toner for photocopiers and printers	Toner for printers	Toner for printers and photocopiers
Toners	Treatment preparations for preserving wood	Turmeric used as a colorant
Turmeric [colorant]	Turpentine for use as paint thinner	Turpentine [thinner for paints]
Typographic ink	Ultramarine blue pigments	Ultramarine dyes
Undercoating for vehicle chassis	Undersealing for vehicle chassis	Unprocessed natural resins
Unprocessed natural resins for use in the manufacture of adhesives	Urushiol-based lacquers	Varnish
Varnishes	Varnishes *	Varnishes for protecting floors
Varnishes for use in cabinet making	Vat dyes	Vehicle corrosion inhibiting preparations
Vehicle paints	Vermilion	Water repellent paints
Water-colors [paints]	Water-repellent paints	Watercolor paints
Watercolor paints for artists	Watercolor paints for use in art	Watercolors [paints]
Watercolour paints	Watercolour paints for artists	Watercolour paints for use in art
Watercolours [paints]	Waterproof paints	Weatherproofing coatings [paints]
White lead	Whitewash	Wood coatings [paints]
Wood dyestuffs	Wood floor finishes	Wood mordants
Wood preservatives	Wood preservatives for fencing	Wood preserving oils
Wood stains	Xerographic toner	Xerographic toners
Yellowwood [colorant]	Zinc oxide [pigment]

Also Read About:

Trademark Class 1

Trademark Class Details

So, you have just started a business and you are questioning whether investing in trademark registration for that business is something you should invest in? Well, to find the answer to that question, ask yourself these:

1. How much blood and sweat you have put in to your brand? How much hard you’ve worked to make your brand trustworthy to the public? Is your brand considered respectable today?
2. If your brand is making strides in the market, would you feel OK if someone tries to use it as their own, without your permission?
3. Have you truly found out whether the brand name for your business is truly your unique? What if someone else is already using it as a business name?

We are asking you to ask this question because of one simple reason:

 If you’ve truly invested time, money and passion behind making your business name known in the market, then it would be terrible to find out that someone is using that name without your permission. Even worse, if your business name is something that’s already is a registered trademark of someone else, then all your efforts to building your brand would be pointless.

 That’s why; you have to do everything in your power to:

1. Choosing a business name is unique.
2. Taking that name through the trademark registration process is own it legally.
3. And then, show that ownership with the “R” mark beside that business name so that no one can copy it without your permission.

Keeping in mind all these things that you have to do, we have created a simple process of trademark registration for you. While only the consultants would be able to help you, it’s you who can watch over the process and make the trademark registration process a success.

What is Trademark Registration?

Trademark refers to any mark that can you put on your product or services to differentiate it from other products and services of the same kind available in the market. Trademark registration benefits involve being about to:

1. Differentiate your product or service from others in the market,
2. Make people aware of the source behind the product or service that they are using,
3. Build a marketing strategy to establish your business name.

Considering that a trademark is basically the identifier of your trade, it’s seen as an Intellectual Property. Thus, in order to legally own that intellectual property, you have to get trademark registration.

Upon trademark registration, your trademark is published online with your name (or your business name) as the owner beside it.

The Steps of Trademark Registration Online

There was a time when the trademark registration has to be done exclusively online. Thankfully, with the advent of internet, and the rise of business, it has changed. Now, you can file the trademark registration application online – not compromising the comfort of your home. However, that doesn’t mean the that you don’t have to be careful regarding the steps involved. We have explained them in the following and we’d be thankful if you follow them diligently, without making a mistake.

1. Search for a unique trademark: Conduct a trademark registration search to decide a unique trademark. The process is fairly simple. You type in “Public Search” in your web browser and let it show you the results. Click on the very first search result and viola, you’re in the trademark search module. Enter the trademark name and the trademark class (the type of goods and service you’re using the trademark for) and press search. If that yield’s result, you have to try again.
2. File the application for trademark registration: Provided that you’ve found your trademark to be unique, start your step to file your application for trademark registration online. Attach the documents mentioned below:
   1. Trademark name or logo
   2. Your personal details or the details of your business entity
   3. The goods or services on which you want to put your trademark.
   4. A document that showed the date from when you started to use that trademark (if you’re already using the trademark)
   5. Power of attorney in the prescribed format.
3. Monitor the trademark application: Once you’ve filed the trademark application form, you have to monitor the application status. If it comes rejected, you have to file a trademark reply. If it’s accepted, your trademark will be published.
4. Get the certificate of registration: Once the trademark is published in the journal, it shall remain so for 120 days. If it doesn’t face any objections during that time, you get your trademark registered.

Trademark registration fees: The government Trademark registration fees if you’re a small startup or an individual is INR 4500. It’s INR 9,000 is you are any other business entity.

Timeline: It takes 2 days to file and submit the application. Another 2 to get the application status and 120 days of trademark publication. All in all, the trademark registration timeline about 5 months, give or take.

Conclusion

Trademark registration gives your business a unique Identity. And getting trademark registration India, in a country with a population of more than 1.3 billion, you can definitely achieve success. So get started without waiting and let your brand shine.

Often, we get confused between the definitions of trademark and copyright. Both of them are used to protect intellectual properties and both of them carry the name of their owners. However, there are many differences between the two of them in terms of pros, cons, policies, validity and more. Therefore, it’s important to understand the difference between trademark and copyright

Trademark: What is it?

A trademark is a mark that signifies your trade. For instances, if you’re a trader who wants to distinguish your product or services from the rest, you’re going to use trademark. In today’s market where brand is everything, trademark is used by entrepreneurs to assert their rights over their products and services. You see these marks on any products you buy, from packaging of that product to the banner of the office in which the product is formulated. With trademark registration, your rights towards your trademark are protected. What it means is that it will prevent others from using that trademark – ensuring that only you get to use the brand that you designed or decided for your services or products.

Copyright: What is it?

Copyright is the protection given as per the Intellectual property laws that gives the creator of a work exclusive rights of that work. Simply put, it’s the right that ensures that you, as a creator only gets to sell, resell, or even destroy the work you’ve created. It could be a novel you’ve written, or a software you have created, or a painting you’ve drawn. From paintings, to books to stories to songs to music to videos to even instrumentals, everything is covered under the copyright laws. Copyright is one reason that we know the names of artists such as MF Hussain, Picasso and even JK Rowling.

Difference between trademark and copyright based on several parameters

Following are the list of parameters telling you the trademark and copyright difference that you should know about.

Legislation they belong to:

           Trademarks are protected by the Trademarks Act, 1999

          Copyrights are protected under the Indian Copyright Act, 1957

Process to get these IP registrations

To get trademark registration, you’ll need to go through the adversarial process.

          To get copyright registration, you’ll need to go through the administrative process.

Scope of protection

Copyrights protect your ownership of your creative work all over the world. Regardless of the which country it is, if it’s your creation, it only belongs to you.

Trademark registration is limited to regions. For instance, if you’ve registered your trademark in India, it will only be protected in India. People outside India can use that trademark as per their legislation.

Who files for these protections?

          Trademark application for registration is filed by individuals or companies

Copyright application is filed by either artist, graphic designers, musicians, novelists or any other type of content creator.

Type of protection

The protection type of copyright registration is automatic. As soon as you come up with your content, copyright protection is obtained. Copyright registration is needed to enforce that protection.

Trademark protects by preventing confusion between other trademarks. If the mark is distinctive, protection is automatic.

Validity

When it comes to copyright, all the artistic or creative works formed after 1st Jan1978 will have copyright protection for 70 years after the death of the creator

When it comes to registration of trademark in India, the validity is for 10 years after which, it has to be renewed.

Are you interested in protecting your artistic creative works? Or, are you someone who wants to protect your brand? Whatever the case may be, Regalguru is here for your aid. Reach out to us for hassle free trademark and copyright registration services.

Whenever you want to register your trademark, it’s important for you to find out beforehand under which trademark class does your product or service falls into. In this article, you’ll know about the trademark classes and their classification.

What is a Trademark Class?

When you try to find out whether the trademark you’ve decided for your business is unique, you go to the Trademark Public Search portal. There, the data that you’d need to fill are:

1. Trademark name, and
2. Trademark class

Trademark name is basically your brand name. You can play around with the options to see how much similar your brand name is to another trademark. However, what makes the public search process unique is the trademark class.

What is a Trademark Class?

Based on the products and services that exist in India, and the world, there are 45 trademark classes. When you go through the trademark registration process, you apply for trademark in one or some of these trademark classes. It all depends upon how widespread you want the trademark protection to be.

Why it’s Important to Choose the Trademark Class?

There is only one simple reason: you can have similar trademark as a registered one if that registered trademark doesn’t belong to your class. For instance, suppose you try to register your trademark under the cloth category, but it’s already registered in the alcohol category; you can go through the trademark registration process. The trademark class list has carefully defined each and every trademark class and the products that fall under them.

Let’s Now Look into the List of Trademarks Classes in India

As we have already explained, there are 45 trademark classes in total. Now, the first 34 have been reserve for specific products. The rest 11 are reserved for particular services. Following is the classification of them all.

S. No	Class	Description
1.	Class 1	This class covers chemicals that are used in industry, photography, forestry, unprocessed artificial resins, Tanning and adhesive substances etc.
2.	Class 2	This class is specific to paintings, coals & pigmentation, lacquers, mordants, printing, and art etc.
3	Class 3	Cleaning products, cosmetics, bleach and abrasives, laundry products, essential oils etc. are the part of this trademark class
4.	Class 4	All the hard products related to the industry such as fuels, industrial oil, greases, illuminates, wetting and binding compositions, fuels, wicks etc. come under this class
5.	Class 5	When you want to register your business of pharmaceuticals, veterinary products, dietetic, dental wax, disinfectants, herbicides, fungicides etc. you opt for this trademark class
6.	Class 6	Most of the metal and related products including metal castings, hardware, locks and safes, common metal and their alloys, building material (metal), other metals are not included in any other class etc. are covered under this class.
7.	Class 7	Machine and machine parts (minus land vehicles), incubators for eggs etc. are covered under this class
8.	Class 8	When you want to register your trade that constitute of Implements and hand tools, cutlery and razors etc, you choose this class
9.	Class 9	Majority of office materials including cash registers, calculating machines and data processing equipment, teaching apparatus, magnetic data carriers, etc are part of this class
10.	Class 10	Nuanced medical products like surgical, medical and dental apparatus, artificial limbs, eyes teeth etc. are part of class 10
11.	Class 11	Apparatus for heating, lighting, steam generating, cooking, refrigerating, dying etc. are included in this class
12.	Class 12	All the apparatus for transportation or locomotion by land, water, and air. are part of this class
13.	Class 13	Are you in the business of ammunition, firearms, explosives, fireworks etc? If you are, class 13 is the one to choose.
14.	Class 14	Most Precious metal and their alloys and products in precious metals, jewellery etc. fall under this class
15.	Class 15	This class entails Musical instruments and their components.
16.	Class 16	A lot of office stationery including cardboard, paper, and goods made from these materials, print matter, bookbinding, paint brushes, playing cards, printing blocks etc. are part of class 16
17.	Class 17	Products that include rubber, gum, asbestos, mica, and products that are made from these materials and not included in other classes.
18.	Class 18	Products consisting of Leather and leather-like, and articles which are made from these items and not included in other classes, animal skins, and hides etc.
19.	Class 19	It entails Non–metallic rigid pipes for buildings, asphalt, pitch, and bitumen etc.
20.	Class 20	This class is the one to choose if your products are picture frames, mirrors, Furniture of wood, cork, reed, cane and not included in any other category.
21.	Class 21	Major household and kitchen utensils, brush making material, articles for cleaning purposes etc fall under this class
22.	Class 22	Fiber products like Nets, ropes, strings, sails, sacks and bags and fibrous textile materials etc. come under this class.
23.	Class 23	This class entails products like yams and threads for textile uses.
24.	Class 24	This class entails textile and textile goods which are not included in the other classes.
25.	Class 25	Clothing, footwear, and headgear are part of this class
26.	Class 26 and 27	Products like non-textile carpet, rugs, wall hangings, linoleum, and other materials which are used for covering floors are included in these classes
27.	Class 28	Products like game and playthings, and other sporting items which are not covered under any other class. Christmas decorations.
28.	Class 29	This class includes poultry items, jams, eggs etc oils and edible oils.
29.	Class 30	This class includes coffee, tea, sugar, cocoa, rice, tapioca, spices etc.
30.	Class 31	This class includes horticulture, agriculture and forestry grains which are not included in any other class. Fresh fruits and vegetable, seeds, malt etc.
31.	Class 32	This class includes aerated drinks, beer, non-alcoholic drinks (including juices and fruits drinks) and other things which are used for preparing beverages.
32.	Class 33	All alcoholic beverages (excluding beer) are included in this class
33.	Class 34	Matches, smoker’s articles, tobacco etc are part of this final class for products.

Following are the classes given to specific services

S. No	Class	Description
1.	Class 35	Advertising and Business In this class, services which help the management in managing the affairs, the organization (commercial organization) are included. Any advertising activity in which any announcement is made to the general public at large or concerns any type of goods and services are included.
2.	Class 36	Insurance and Financial In this class, activities relating to insurance, finance sector or the monetary sector are included.
3.	class 37	Construction and Repair In this class, the work done by contractors, sub contractors, in the making or repairing work of buildings, or any restoration of work to its original state is included.
4.	Class 38	Communication In this class, services which help in communicating anything between people is covered, whether oral or visual.
5.	Class 39	Transportation and storage In this class, any service related to 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.
6.	Class 40	Material treatment In this class, any service which involves changing of 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.
7.	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 which entertain people or animals.
8.	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 the class 36, 37, 44.
9.	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 the classes 36, 39, 40, 41 and 44.
10.	Class 44	Medical Services This class covers the services related to hygiene, medical services, first aid, beauty parlor 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.
11.	Class 45	Any personal or social service is covered under this class. It includes surveillance of people for the protection of their interest, safety and wellbeing. It includes social projects like matrimony services, funeral services, etc. It does not include any services which are already covered under the classes 35, 36, 39, 41, 42, 44 or any car rental services.

If the above description is still confusing to you, make sure to reach out to Regalguru for further information.

Trademark registration is only valid for a limited time. Once that time ends, it’s your turn to file for trademark renewal online. Not doing so will make you lose the right to your trademark.

Despite knowing the implications of not renewing the trademark on time, people still ignore it. Why? It’s because they are afraid. After reading explanations of the process online, they fear that trademark renewal is complex.

We are going to make it simple for you. Reading this article will tell you everything you need to know about the process of renewing a trademark.

Let’s begin.

How long is a trademark registration valid for?

Trademark registration is valid for a long period of 10 years. During this period, you have the right to:

1. Use the trademark on the goods and services
2. Market your goods and services using the trademark.
3. Fight against those who use your trademark without your permission.

Once the trademark registration validity is nearing its end, you’ll receive a notification from the IP department to renew your trademark. At that time, you get two choices:

1. Either you can let your trademark die and move on.
2. Or you can start thinking about the renewal of a trademark in India.

If you continue to use the mark after it’s validity is over, the IP department doesn’t consider you the mark’s owner anymore.

What happens if you choose not to renew your trademark?

The Intellectual Property Department doesn’t force you to renew your trademark after it expires. However, keep the following consequences in mind before you make your choice:

1. Removal of the trademark from the registry: If the registrar doesn’t receive trademark renewal fees from you, they will remove the mark from the registry.
2. Those to who you assigned your trademark will lose their rights: Not going through the trademark renewal procedure won’t only be a loss for you. Those who have licensed your trademark will also suffer.
3. No protection from infringement claims: If you use the trademark after its validation is over, you don’t have any shield against false infringement claims.
4. Anyone else can use the trademark: A trademark becomes free to use by anyone onceremoved from the registry. Anyone else can use the mark you worked hard to build their brand.

However, all is not lost. The Trademark act understands that you can’t instantly renew your trademark. Thus, it provides you with some time to either renew or restore your trademark.

Also Read: how to clear objected trademark

The trademark renewal process in India

The trademark renewal process in India contains the following steps:

1. Fill the application form called TM-12. It’s the trademark renewal application form. You have to fill this form within six before the expiration of the trademark’s validity.
2. If you haven’t filed the renewal form for 3 months of these six months, the IP department will send you a notification.
3. Submit the trademark renewal fees along with the trademark renewal application.
4. Wait for the IP department to process your trademark renewal request.
5. If there are no claims against your trademark, your trademark will be renewed.

What if you miss the timeline of filing the trademark renewal application?

In case the trademark validity expires before you could file for its renewal, you get a chance to restore your trademark rights.

Within 6 months to 1 year after the expiration of the trademark’s validity, file the trademark renewal application.

The Registrar will advertise the trademark once again to invite third party objections.

If there are no objections during the trademark’s advertisement period, your trademark rights will be given back to you.

Conclusion

Don’t forget the trademark rights are finite. Prepare for trademark renewal ahead of time by contacting Regalguru.

Trademark registration process in India is something that you need to follow if you wish to own the trademark that you’ve created for your product or service after so much hard work. By going through this process and becoming the owner of your trademark, you get the power to:

1. Exclusively own your trademark
2. Take appropriate action against those who try to use it without your knowledge.

But why should care about the procedure for trademark registration?

What are the benefits that come with trademark registration?

If you’ve established a trademark and your business have prospered, the benefits start to roll in:

1. You’ll automatically generate, develop and maintain the unique identity of your brand.
2. People, upon seeing your trademark, will know who to trust for that particular product or service.
3. You can exclusively own the trademark whether it’s a symbol, word, graphic or even color or shape.
4. You can license your trademark to others if you wish to expand your business while also creating a new pipeline for further income.
5. As an intangible asset, registered trademark has monetary value. Thus, if in future you wish to move on to bigger and better options, you can sell your trademark for a substantial sum of money.

Procedure for trademark registration

If you’ve finally decided to make your brand truly your own, then this is the trademark registration procedure you need to follow to register your trademark:

1. Conducting trademark search: It will take around one day time to complete. The process to conduct the trademark search is as follows:
   1. Search in the trademark registration records to see whether or not your chosen trademark is available for registration.
   2. Conduct an online search either through the IP portal or a privatized portal.
   3. If you want the search to be thorough, don’t shy away from asking for help from trademark registration consultants.
2. File the trademark application: The time that it will take you to file your trademark registration application is 2 days. You’ll need to file a separate trademark application for a separate class and each application will cost you INR 4,000/-. The steps of filing trademark application are as follows:
   1. Enter the particulars in the trademark application including trademark name, trademark owner, list of goods covered under that trademark.
   2. Use a digital signature to submit the application for trademark registration
   3. The registrar will assess your application and try to verify whether your trademark is unique.
   4. If your trademark isn’t found to be unique, the trademark status would give you a “default”. After that, you’ll receive a notification which will give you time to file trademark reply or make the necessary corrections.
   5. if your trademark is unique, the registrar will accept your application.
3. Publication in the trademark journal: Once and if your trademark is accepted by the registrar, it will be published in the trademark journal for 4 months. A trademark journal is a document which is publicly accessible – anyone can view it. It allows general public to approve of your application and in case of any discrepancy, oppose against it.
   1. If the publishing is uneventful means if no third party comes forward to oppose your trademark registration application, you’ll obtain the trademark registration certificate.
   2. If someone opposes to your application, you’ll need to take measures to handle that situation. It involves sending and receiving evidence, court hearing and other legal functions.

What comes after trademark registration?

As you get the trademark registration certificate, your name is entered in the trademark registry besides your trademark. As per the government records, you become the exclusive owner of trademark under the trademark class you applied for.

Conclusion

Do you seek trademark registration in Delhi, or pretty much anywhere else in India? If you do, you can’t just waste your time. There are thousands of people rushing for getting their trademark registered. If you don’t want to be left behind, reach out to Regalguru. We will take you ahead of the line and get your trademark registered on time.

Trademark holds a low of power for a business. Its popularity can earn a business profit, while its notoriety can destroy a company. It’s the very reason we are witnessing more and more cases of trademark infringement. What is trademark infringement? Simply put, it’s when an organization or a person violates the trademark rights of a trademark owner.

To put it in the legal terms, trademark infringement means the violation of trademark rights which are granted to a proprietor under the trademark act, 1999.

As per the Sections 29 and Sections 30 of the Trademark Act, there are provisions which are designed to protect the rights of the owner of a registered trademark in case that trademark has been infringed by someone else.

In this article, we are going to dive into trademark infringement in great detail to explain to you:

1. What acts count as trademark infringement?
2. What acts do not count as trademark infringement?

What acts count as trademark infringement

As per Section 29 of trademark act, also called the trademark infringement section, following are the acts that the trademark regime sees as infringing upon the rights of a trademark proprietor:

1. Exact copy of the existing trademark: In this case, the trademark is infringing another by being its exact copy and rendering the same services as the other trademark.
2. Similarities between the trademarks: If a trademark is similar to a registered trademark, then by existing, it’s trying to deceive the masses. Such case where a mark is marginally similar to the one that has gone through trademark registration is counted as trademark infringement.
3. Similarity with a popular trademark: If a business or an individual is using trademark which is similar to another one with a well-known reputation, then despite the business using that mark for a different product or service, the act is considered as trademark infringement.
4. Using a registered mark without authorization: If a person using a registered trademark on packaging or labelling without the consent of the proprietor, then it’s considered trademark infringement.
5. Using the trademark in advertisements: If a party is using a registered trademark in their advertisement without the consent of the proprietor of that mark, it’s unethical way of advertisement. It has to ability to tarnish the reputation of the brand and is detrimental to the distinctive character of the mark. Thus, situations like these are also considered trademark infringement.

What acts do not count as a trademark infringement?

While the trademark infringement section 29 states the acts that are considered trademark infringement, section 30 imposes some restriction to the definition of infringement. It exists to ensure that trademark laws aren’t exploited by the proprietor to harm ethical businesses. On the other end, the person or businesses that have been alleged to commit infringement can use the following pointers in their defense:

1. Using the mark to indicate quality, and quantity of the product: In case terms similar to a registered trademark is used to indicate the quality and quantity of a product by another trademark, such case is not considered trademark infringement.
2. If the mark is used outside the scope of registration: Suppose you register a trademark named “Henry’s Clothing”. In such cases, you’ll granted trademark registration on the condition of not holding exclusive rights to the word “clothing”. Thus, if someone else uses “clothing” with their brand name, it won’t be considered infringement.
3. Implied Consent: If the user is using the mark under implied consent, then it would not be considered trademark infringement.
4. Using registered trademark in accessories and parts: Suppose a trademark is registered for a screw. Now it can be used for several products and services. If one has registered trademark for screw for automobile, other can use the same mark for the screw for TV equipment.

Conclusion

Now you know that when you do, and when you don’t need to worry about trademark infringement. For more information about trademarks or for services related to trademark registration and more, reach out to Regalguru.

One of the most neglectful things that company do when selecting a company name is that they leave it for “Another day”. “What’s there in the name?”, “It’s not a priority right now.”, and the most popular “We can choose whatever name we want”, are the very words that come out of the mouth of the heads of these companies. To them, it’s a minor matter whose importance is less than a peanut. They are wrong.

A company name is the trademark of the company. It’s the name that makes them recognizable by their consumers. It’s the very aspect that they market to the prospects to convert them into customers. Needless to say, a lot of thought has to go into choosing a company name because of the following factors:

1. The trademark search tool exists that has been designed keeping in mind the importance of choosing a name.
2. It’s only through trademark registration that the company’s image can be protected.
3. Without a unique name, a company can cease to exist.
4. Without putting a lot of thought into naming a business, a company can’t aspect to market their products and services.

Now that you know why you should care about giving your company a unique name, what are those thoughts that have to go into choosing it? In this article, we are going to tell you about the top 5 legal considerations when selecting a new trademark. Upon reading it, you’ll know how to ensure that you get trademark registration in India and keep your name safe from infringers.

Choose a distinct mark if you want to protect it

You can only get the trademark rights for your company name if it’s distinct enough from the rest. That means you can’t make use of generic words in your name that informs your customers exactly what you do. For instance, choosing the name “Drapers” is not allowed for you if selling cloths is indeed your business. However, if you’re planning to use “Jacklind” as a trademark for your cloth selling company, you can.

Trademark rights is first come – first serve phenomenon

There are many businesses that are looking for trademark registration in India. And many of them surprisingly are using the same name without the other one knowing about it. When both these companies go through trademark registration process, trademark is granted to the company that has been using the mark for longer. In simple terms, if you’re the first one to use the trademark, you are the winner of trademark rights.

It’s not always about who has been using the mark longer

While in the previous point we stated that trademark rights are granted on a priority basis, there are conditions where such matters can be ignored. For instance, if one company has been using a trademark but has not registered it, but the second company registers the same mark without using it, the second company can win the trademark rights. However, that victory is short-lived, for if the first company decides to get into the trademark registration process, the rights of the second company would be taken away.

Can’t retain the trademark rights if you don’t use the mark

There are many entities – companies and individuals – that relax once their trademark is registered. “Now we are protected” – they think to themselves. But they are wrong. Complacency is the enemy. In India, if an entity doesn’t use the trademark ithas registered for 5 continuous years, their trademark rights can be taken away by the IP Department.  In simple terms, using the trademark is the only way to retain the trademark rights.

Similar trademarks can co-exist if the consumers aren’t confused

Two companies or other business entities can use similar trademarks if their usage doesn’t confuse the customers. In legal terms, it comes down to trademark class. Two companies can use the same mark for different trademark classes – the different types of businesses.

Conclusion

Those were the necessary legal considerations when you’re choosing a new trademark. For any more info, reach out to Regalguru.

Delhi, the national capital of India, is a place where all the cultures, businesses and economics of India, and even the world come together. There is a saying “If you can achieve success in Delhi, you can do so everywhere else”. But in order to achieve it, you need to be unique. And in order to be unique, you need the best place to get trademark registration in Delhi.

We aren’t saying that we are it, not yet anyway. But we are saying that there are things that you need to look for, if you come across someone saying they are the best.

That brings us to the purpose of this blog. Through it, you’ll know how to separate the lions from the sheep wearing a lion’s skin. In this blog, you’ll know how to get to the best trademark registration in Delhi on your own.

What People Think About Trademark Registration?

Before we dive into the best place to get trademark registration in Delhi online, let’s understand what people think about trademark registration.

1. I don’t need trademark registration: It’s a mistake to think that way. But, it’s also a common perception. If you’ve been using your trademark for a while, you think that you don’t need registration. You think that all the brand name that you’ve established would be enough. That’s not the case. While you can think in the same way for big brands like Apple or Adidas, you, as small or med scale your business is, need to think about trademark registration.
2. I can to trademark registration on my own: Again, this is the wrong thing to think. Trademark registration process requires deft hands, thorough research and timely handling of any issues. As a brand owner, you won’t have the time to sort out every little detail. Additionally, it’s the trademark agents and trademark attorneys that take the application forward. Thus, even if you know the process to register your mark, you’d need someone else to go through that process.
3. I don’t want to give personal information to my agents: Trademark registration is a government procedure. The government needs some of your credentials to grant you registration. They don’t want your credit card or payment details; only your name, address and what type of business that you do. So, if you’re of the mind that’s afraid of giving personal information, don’t be. We won’t ask you anything that you deem unnecessary. But you also need to put your trust in us.

Qualities of the Trademark Registration Service Provider

For trademark registration in Delhi NCR, you need to separate the milk from the water. While you can use lemon for that purpose, I suggest you use the following points:

1. Ask those “experts” about the timeline: Trademark registration in Delhi, Madras, Kolkata, and Bengal or everywhere in India, takes at-least 4 months. It takes one or two days to file the application. Another day or two to fast-tracking the application assessment. And once the trademark is published in the journal, it takes 4 months to register it. If someone comes to you and says “We can give you trademark registration within a week”, turn to the other direction. They are lying to you.
2. Ask “experts” about the charges:  When you’re applying for trademark registration in Delhi, charges matter. While there is a governmental set fee, there is also a professional fee. If the professional fee you’re asked is too much, you should reject the proposal. Also, keep in mind that MSMEs that have startup registration certificate get 50% discount in the government fees. If the trademark agents you’re approaching aren’t being honest with you about the discount and the charges, you should look at someone else.
3. Ask the experts about the process: Trademark registration process is difficult. Once application is filed, there is no guarantee of it getting accepted. It’s almost given that it will face objection. If your experts say that there’ll be no objection, you should take a step back. Over 60% trademark applications get objections. The difference between good and bad experts is that the good experts would provide you trademark reply services as well.

Regalguru: Your Partner in Trademark Registration

Now, let’s talk about our trademark registration services in Delhi. Regalguru provides complete trademark registration package. And:

1. We are honest about the time it will take to register your trademark.
2. We keep the professional fee low and provide you discount where it’s applicable.
3. We provide you trademark reply and other services to handle trademark objections.

So, we can proudly say that we of Regalguru are “almost” the best place for trademark registration in Delhi.

As we know that trademark registration is not compulsory in India but it is advisable to register it. Because when setting up a business then a brand name, its identity and logo play a very important role for any business. Everyone is knows that a unique brand name and logo is the most valuable asset for the business. Trademark registration protects your brand name and logo from misuse or duplication by others or from your competitors.

Trademark your company’s logo is a legal and complex process that requires expert legal assistance. There is always a one question arising “Can we trademark a logo online?” and the answer of this question is “Yes”. But before start the trademark registration process, you must ensure that the logo you are going to trademark is actually available. For this, you can use trademark search portal of IPR database.

Now we start the trademark registration process and the process of online trademark registration is as follows:

1. Choose a logo you want to trademark: If you’ve already made your choice, you still have to take another step. To ensure that the logo is registered, you have to make sure that it’s unique. Conduct a trademark search to ascertain the uniqueness of your decided logo.
2. Write a description of the logo: A logo has a definite shape, definite nuances and a definite structure that can be explained in words. Find a good trademark agent who can help you paint a picture of your logo through words.
3. File the application of trademark application: Go online and file the application of trademark registration. Attach the following documents:
   1. A scanned copy of the logo.
   2. Your Identity proof.
   3. Your address proof.
   4. The id proof of the expert who is filing the application on your behalf.
   5. The address proof of the expert who is filing the application on your behalf.
4. Monitor the status of your application: Once you file the trademark application, you’ll receive a trademark application number that you can then use to check the status of your application later on. Always keep a sharp eye on the status; it will help you take a pro-active move if you see something that you don’t like.
5. Wait for the application to be processed:  Once the application is filed, it will be processed for 30-40 days. Then, you’ll either get the application status as objected or accepted. Don’t be scared if you receive objection status, it’s common and you only have to file a trademark reply within 30 days of receiving the notification.
6. Publishing of trademark in the journal: Once the trademark is accepted – either naturally or after filing the reply – it will be published in the trademark journal. There, it will remain so for the next 4 months during which, the general public will be able to see that. If a third party among them raises objection during this time, trademark opposition proceedings will, well…..proceed. If nothing happens, your trademark will be registered.

It’s definitely a roller coaster – the process of registering your trademark. Thus, you shouldn’t try commit to it alone. Contact our trademark experts and let guide your trademark to the pedestal of a registered trademark.