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PREREQUISITES BEFORE THE TRADEMARK FILING PROCESS

In the previous post we had a general introduction of what Trademark is, its role and the protection available to the brands. Going ahead, next is about the prerequisites of filing procedure.

Filing a trademark application is an easy process if the following prerequisites or homework is done. 
  1. Select a unique name or mark or logo or symbol or sign or caption. Otherwise if you are already using a mark or name or sign or anything else, go ahead for registration of the mark provided you have used or using such mark. 
  2. After selecting, make an online search in the Trademark Registry provided in Public Search http://ipindia.nic.in/tmr_new/default.htm , to avoid discrepancies in future. 
  3. Find out the type of business the company or organisation is running for which they want to register the trademark. 
  4. Based upon the findings, you will have to identify under which class of goods or services the business fits.
  5. There are totally 45 classes (Classes 1- 34 fall under Goods and  Class 35-45 fall under Services).
  6. Each class has its own specific goods and services. For example if there is a publishing company and they are willing to register trademark, then they will have to file it under Class 16. Class 16 specifically deals with the Goods made of paper. In case, if you find difficulty in identifying the class of goods or services, then it can be discussed  and identified with the help of Trademark Attorney/ Advocates or with the Registrar of Trademarks. 
  7. Gather the details of the proprietor like name, occupation, address, nationality, principle place of business.
  8. What next !!!! All these information are to be filled in the Trademark Forms prescribed under Second schedule of Trademarks Rules, 2002 .
The next post will be on Trademark Filing Procedure.

Need to know more about the trademark filing procedure, class details, description of your trade, etc. ? We are there to help you out to overcome all these tedious process with simple solutions. Feel free to contact us by filling your queries or contact me at +91- 94442 68493




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