Trademarks



The Trade Mark practice of HKINDIA has been responsible for registering some of the most famous brand names and handles all aspects of trade mark work including clearance searches for new marks; applications for registration; service mark applications; advising on trade mark and passing off litigation; negotiating licenses and agreements.In any event, your trademark is the key element of your firm's image and credibility. It indicates at once a benchmark of quality. It builds consumer confidence and increases customer loyalty.

SIGNIFICATION OF TRADE MARKS

As per the Trade Marks Act, 1999 Trade mark means a mark, that is a device, brand, heading, label, ticket, name or an abbreviation of a name, signature, word, letter or numeral, shape of goods, packaging or combinations of colors or any combination thereof. It must be used or propose to be used in relation to goods or service, which are the subject of trade or manufacture. The mark must have some size to be a mark at all, but the size required to satisfy the Act cannot be defined.
SERVICE MARK APPLICATION IN INDIA

It is a mark similar to a trademark but applies to services rather than goods. Examples for - Insurance, Banking, Consultancy, Credit Card, Hotel, Real Estate, Transport, Education, Communication, Financing, Chit Funds, Material Treatment, Processing, Supply of electrical or other Energy, Boarding, Lodging, Entertainment, Amusement, Construction, Repair, Conveying of News or information and advertising etc.

CONVENTION APPLICATION AND INTERNATIONAL TREATIES

India is one of the certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person from a convention country, may within six months of making an application in his or her home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in his or her home country. Where the applications have been made for the registration of trademark in two or more convention countries, the period of six months would be reckoned from the date on which the earlier or earliest of those applications was made. Although the recovery of damages for infringement of a trademark is possible only if the infringement takes place after the date of filing application for registration with the concerned trademark office in India, yet the deemed seniority in making application in home country may entitle the applicant to initiate an action in India for injunction, delivery of impugned labels etc.

TERMS OF TRADE MARKS

The terms of trade mark is of 10 (Ten) years from the date of application, however it can be renewed after each 10 year on condition to deposition of renewal fees payable in advance.

CONVENTION COUNTRIES FOR TRADE MARKS

No. Country No. Country No. Country
1 Antigua and Barbuda 2 Angola 3 Argentina
4 Austria 5 Australia 6 Bahrain
7 Bangladesh 8 Barbados 9 Belgium
10 Belize 11 Botswana 12 Brazil
13 Brunei 14 Benin 15 Bolivia
16 Bulgaria 17 Burkina Faso 18 Burundi
19 Canada 20 Cameroon 21 Central African Republic
22 Chad 23 Chile 24 Colombia
25 Costa Rica 26 Cote d' Ivoire 27 Czech Republic
28 Congo 29 Cuba 30 Cyprus
31 Darussalam 32 Denmark 33 Dominica
34 Darussalam 35 Denmark 36 Dominica
37 Ecuador 38 Ecuador 39 Eil Salvador
40 Finland 41 Fiji 42 France
43 Gabon 44 Germany 45 Ghana
46 Greece 47 Guyana 48 Gambia
49 Grenada 50 Guatemala 51 Guinea
52 Guinea Bissau 53 Haiti 54 Handuras
55 Hong Kong 56 Hungary 57 Iceland
58 Indonesia 59 Italy 60 Israel
61 Ireland 62 Jamaica 63 Japan
64 Kenya 65 Korea 66 Kuwait
67 Lesotho 68 Liechtenstein 69 Luxembourg
70 Macao 71 Malaysia 72 Malta
73 Mauritania 74 Mauritius 75 Mexico
76 Morocco 77 Myanmar 78 Madagascar
79 Malawi 80 Maldives 81 Mali
82 Mongolia 83 Mozambique 84 Namibia
85 Netherlands 86 Nigeria 87 New Zealand
88 Nicaragua 89 Niger 90 Norway
91 Pakistan 92 Panama 93 Paraguay
94 Peru 95 Philippines 96 Portugal
97 Papuan New Guinea 98 Poland 99 Qatar
100 Rwanda 101 Romania 102 Saint Kitts and Nevis
103 Senegal 104 Singapore 105 Slovak Republic
106 South Africa 107 Spain 108 St. Lucia
109 St. Vincent 110 Surinam 111 Swaziland
112 Sweden 113 Sieria Leone 114 Slovenia
115 Solomon Islands 116 Switzerland 117 Srilanka
118 Tanzania 119 Thailand 120 Togo
121 Trinidad and Tobago 122 Tunisia 123 Turkey
124 Uganda 125 United Arab Emirates 126 United Kingdom
127 United States 128 Uruguay 129 Venezuela
130 Zambia 131 Zimbabwe
Requirement for Filing a Trade Marks Application
Documents Required

  • 20 specimen of the device, but not necessary in the case of word per se. or send us soft copy of Image file (more preferably JPEG or PDF) by e-mail.
  • Power of Attorney given to us in India duly signed by the Applicant and/or authorised signatory in the case may be as per draft annexed herewith.
  • A copy of Memorandum & Articles of Association or copy of Partnership Deed as the case may be full name and address of trading style of the applicant. And if the applicant is a proprietary concern of the individual, then full name and address of individual with trading style.
  • Documentary proof of first sale in respect of goods and/or services in India and/or user proof of the said mark in India, if any.
  • Literature, packaging materials or any advertising substances of the product for which sought for registration, if any.
  • Documentary proof of priority (if any).
Note : All Documents must be submitted in English language Only

Information Required

  • Name(s), age and address (es) and Nationality (ies) of the Applicant whether they are partners or Directors.
  • Name, address, designation and nationality of whose signature has to be obtained on the Authority given to us underneath signature.
Download Forms :


Trade Marks Datasheet
Documents and information required to file reply of provisional refusal for international Trade mark application under Madrid Protocol

Documents Required
  • Authority given to us in India duly signed by the Applicant and/or authorised signatory in the case may be as per draft annexed herewith.
  • Documentary proof of first sale in respect of goods in India and/or user proof of the said mark in India, and in home and other countries.
  • Literature, packaging materials or any advertising substances of the product for which sought for registration, if any.
  • Details of the pending / registered trade mark applications of the said trade mark in other countries (if any) along with its copy.
Note : All Documents must be submitted in English language Only

Information Required

  • Copy of Provisional Refusal received from WIPO along with its receiving date.
  • Name, address, designation and nationality of whose signature has to be obtained on the Authority given to us underneath signature
Requirement for Filing a Trade Marks Application
Download Forms :


Trade Marks Power of Attorney
Trade Marks Form-48
The Fourth Schedule
Classification of Goods and Services - Name of Classes
(Parts of an article or apparatus are, in general, classified with the actual articles or apparatus, except where such parts constitute articles included in other classes.)
Description of Class of goods
1 Chemical products used in industry, science, photography, agriculture, horticulture, forestry, manures (natural and artificial); fire extinguishing, compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances, adhesive substances used in industry.
2 Paints, varnishes, lacquers, preservatives against rust and against deterioration of wood; coloring matters, dyestuffs; mordants; natural resins; metals in foil powder from for painters and decorators.
3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
4 Industrial oils and greases (other than edible oils and fats and essential oils), lubricants; dust lying and absorbing compositions; fuels (including motor spirit) and illuminates; candles, tapers night-lights and wicks.
5 Pharmaceutical, veterinary and sanitary substances; infants and invalids foods, plasters materials for bandaging, materials for stopping teeth dental wax; disinfectants; preparations for killing weeds and destroying vermin.
6 Unwrought and partly wrought common metals and their alloys; anchors' anvils, bells, rolled and cast building materials; rails and metallic materials for railway tracks; chains (except driving chains for vehicles); cables wires (non-electric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in non-precious metal not included in other classes; ores.
7 Machines and machine tools; motors (except for vehicles); machine coupling and belting (except for vehicles); large size agriculture; implements; incubators.
8 Hands tools and instruments; cutlery, forks and spoons; side arms.
9 Scientific, natural, surveying and electrical apparatus and instruments (including wireless), photographic, optical weighing, measuring, signaling, checking (supervision) life-saving and teaching apparatus and instruments; coin or counter-freed apparatus; talking machines; cash registers; calculating machines; fire-extinguishing apparatus.
10 Surgical, medical, dental and veterinary instruments and apparatus (including artificial limbs, eyes and teeth.)
11 Installations for lighting, heating, steam generating, cooking, refrigerating, drying ventilating water supply and sanitary purposes.
12 Vehicles; apparatus for locomotion by land, air or water.
13 Firearms; ammunition and projectiles; explosive substances; fire works.
14 Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons), jewelry, precious stones; horological and other chronometrical instruments.
15 Musical instruments (other than talking machines and wireless apparatus.)
16 Paper and paper articles, cardboard and cardboard articles; printed matter; newspapers and periodicals, books; book-binding materials; photographs; stationery, adhesive materials (stationery); artist' materials; paint brushes; typewriters and office requisites (other than apparatus); playing cards; (printers') type and clashes (stereotype)
17 Gutta perch, India rubber, balata and substitutes, articles made from these substances and included in other classes; materials for packing, stopping or insulating; asbestos, mica and their products; hose pipes (non-metallic) plastics in the form of sheets, blocks, rods and tubes being for use in manufactures.
18 Leather and imitations of leather, and articles made from these materials and not included in other classes; skins; hides; trunks and traveling bags, umbrellas, parasols and walking sticks; whips, harness and saddlery.
19 Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road making materials, asphalt, pitch and bitumen; portable buildings; stone monuments; chimney post;
20 Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, and substitutes for all these materials.
21 Small domestic utensils and containers (not of precious metal nor coated therewith); combs and sponges; brushes (other than paint brushes); brush making materials; instruments and material for cleaning purposes; steelwool; glassware, porcelain and earthenware not included in other classes.
22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, capoc, feathers, seaweed, etc.); raw fibrous textile materials.
23 Yarns, thread.
24 Tissues (piece goods); bed and table-covers; textile articles not included in other classes.
25 Clothing including boots, shoes and slippers.
26 Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes pins and needles; artificial flowers.
27 Carpets, rugs, mats and matting; linoleums and other materials for covering floors; wall hangings (non-textile)
28 Games and playthings; gymnastic and sporting articles (except clothing; ornaments and decorations for Christmas trees.
29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; eggs; milk and other diary products; edible oils and fats; preserves, pickles.
30 Coffee, tea, coca, sugar, rice, tapioca, sago, coffee substitutes; flour and preparations made from cereals; bread, biscuits, cakes pastry and confectionery, ices; honey, treacle, yeast:, baking-powder; salt, mustard; pepper, vinegar, sauces, spices; ice.
31 Agricultural, horticultural and forestry products and grains and wheat not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals; malt.
32 Beer, ale and porter; mineral and aerated waters and other non-alcoholic drinks; syrups and other preparations for making beverages.
33 Wines, spirits and liqueurs.
34 Tobacco, raw or manufactured; smokers' articles; matches.
Services
35 Advertising, Business management, business administration, office function.
36 Insurance, Financial affairs; monetary affairs; real estate affairs.
37 Building construction, repair, installation services
38 Telecommunications.
39 Transport, packaging and storage of goods, travel arrangement
40 Treatment of Materials
41 Education, providing of training, entertainment; sporting and cultural activities.
42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43 Services for providing food and drink; temporary accommodation.
44 Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
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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