Skip to main content

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




Comments

Post a Comment

Popular posts from this blog

Suggestion to Indian Trademark Classification of Goods and Services

I cannot guess whether dream has come true or some miracle has happened. Yesterday night I was thinking of classification of goods and services for registering trademarks, as to why there is no proper and elaborate explanation of those goods or services. Rather than saying elaborate, I would suggest to explain it in a very simple english (But most of the laws in India are complex !!!!). I filed an application to register trademark recently for an online shopping site. I did not know whether it comes under goods or services, perhaps it is a service where in the shopping site sells books to consumers,  therefore I was adviced to file it under Class 35 which includes Advertising, Business Management, Business Administration, Office Functions along with Explanatory notes. If this is the case, then why some sites are registering in the Goods Class also when they are not manufacturing that good. For eg., India's Popular Online Shopping Site Flipkart.com has registered its ...
1 comment
Read more

Industrial Property or Intellectual Property?

In the previous post we saw what is law and international law.Now we will get to know what is intellectual property and its international aspect.Intellectual property is an area where every business is rushing to protect , either it is an MNC or SME or R&D etc. Intellectual property is now prevailing almost in all kinds of things that we use in our day to day life for eg. be it a mobile,TV, noodles,apparel,pen,pencil and the list is endless.Earlier "intellectual property" was commonly known as industrial property. It was in the late 19th century that the term intellectual property replaced industrial property which was coined by Josef and Edmond Picard.It is called as intellectual property since such property is created by a human mind or intellect.Lets explore briefly as to what is property before getting to know what intellectual property is? Property means one which confers bundle of rights through ownership and possession and there is also exclusive right over such ...
1 comment
Read more