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.

CONVENTION APPLICATION AND INTERNATIONAL TREATIES

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

Download Forms :

Trade Marks Power of Attorney

The Forth 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.