A Trademark is a unique word, phrase, design, symbol use to identify products or service of a particular source from others. Trademark used to identify services are particularly called service mark. for example we can conclude brand names, logos and slogans.
Trademark can be bought, sold, licensed and exploit for commercial gain.
REGISTRATION OF TRADEMARK:
Trademark is governed by The Trade marks Act, 1999. In India, it is not mandatory to register the trademark. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark.
but registration of trademark has several benefits:
- EXPANSION OF BUSINESS: Registered trademark confers exclusive rights of 1 years and further can be renewed. with efficient or unique products you can create a customer base which will result in expansion of business.
- PRODUCT DIFFERENTIATION: Trademark registration will be valid for entire class of goods or services which will result in product differentiation. Customers will uniquely identify products.
- LEGAL PROTECTION: As registered trademark are classified as intellectual property right and protected from infringement
- USE OF ® SYMBOL: If you have obtained registration for your trademark then you can use symbol “R” stating that it is a registered trademark exclusive of all types of usage and rights.
- ASSET CREATION: Registering a trademark creates an Intangible asset i.e. Intellectual Property for an organization.
- BUILD TRUST AND GOODWILL: Everyone knows the established quality of products or service through trademark which helps in establishing trust and goodwill among customers.
CLASS IN TRADEMARK
- Registration gives owner a right to protect their trademark. The manufacture of goods and services are grouped into different classes.
- There are 8, different classification of products and services, and every class requires a different registration.
- There are 34 classes for goods and 11 classes for services which are as follows:
1 – Chemicals
2 – Paints
3 – Cleaning Substances
4 – Industrial Oils
5 – Pharmaceuticals
6 – Common Metals
7 – Machines
8 – Hand Tools
9 – Computers and Scientific Devices
10 – Medical Supplies
11 – Appliances
12 – Vehicles
13 – Firearms
14 – Precious Metals
15 – Musical Instruments
16 – Paper Goods
17 – Rubber Products
18 – Leather Goods
19 – Building Materials
20 – Furniture
21 – Household Utensils
22 – Ropes and Textile Products
23 – Yarns and Threads
24 – Textiles
25 – Clothing
26 – Lace and Embroidery
27 – Carpets
28 – Games and Sporting Goods
29 – Meat, Fish, Poultry
30 – Coffee, Flour, Rice
31 – Grains, Agriculture
32 – Beers and Beverages
33 – Alcoholic Beverages
34 – Tobacco Products
35 – Advertising and Business Services
36 – Insurance and Finance Services
37 – Construction and Repair Services
38 – Telecommunications Services
39 – Shipping and Travel Services
40 – Material Treatment Services
41 – Education and Entertainment Services
42 – Science and Technology Services
43 – Food Services
44 – Medical and Vet Services
45 – Legal and Security Services.