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Trade Mark Ragistration

Trade Mark Ragistration

The Trademark Registry has classified goods and services into 45 classes. Each class covers a specific range of goods or services. When filing a trademark registration application, the applicant must specify the class(es) of goods or services that the trademark will be used for. The trademark will only be protected under the specified classes.

Graphable Representation: The trademark must be capable of being represented visually, such as on paper or a digital screen.

Distinctiveness: The trademark must be able to distinguish the goods or services of one business from those of others. 

FSSAI Trademark Registration Process

  • Filing a Trademark Registration Application: The applicant must complete and submit a trademark registration application to the relevant trademark registry. The application should include information about the trademark, the applicant, and the goods or services to be protected.
  • Examination of the Trademark: The trademark registry will review the application to ensure that it meets all legal requirements. This may involve a search of existing trademarks to check for potential conflicts.
  • Publication or Advertisement of the Trademark: If the trademark registry finds the application to be acceptable, it will publish the trademark in a public journal or advertise it in the media. This allows anyone who believes the trademark is infringing their rights to file an opposition.
  • Opposition (Objections) if Raised/Found: If an opposition is filed, the trademark registry will hold a hearing to consider the opposing party’s objections. If the registry determines that the opposition is valid, the trademark application will be rejected.
  • Registration of the Trademark: If no opposition is filed, or if the opposition is successfully dismissed, the trademark registry will register the trademark. This grants the applicant exclusive rights to use the trademark for the goods or services specified in the registration.
  • Renewal of the Trademark: Trademark registrations are valid for 10 years. The applicant can renew the registration for additional 10-year periods.

Documents Required for Trade Mark Registration

  • Applicant’s name
  • Business type
  • Business objectives
  • Brand/logo/slogan name
  • Registration address
  • Identification proof of the signatory
  • Address proof of the signatory
  • Business proof (depends on the type
  • of business)
  • Udyog Aadhar/MSME registration certificate (optional)
  • Power of Attorney (Form 48)