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Kinds of Trademark Filing Forms

While making an application for registration of trademark and in the process of obtaining the trademark registration the applicant is required to file number of Trademark Forms as specified in Trademark Act 1999.

 A trademark is a unique and recognizable symbol, design or expression that uniquely identifies the source of a product distinguishes it from the other products. It is very important to obtain the registration of the trademark or the service mark as it helps to protect the mark, symbol, slogan, design etc from being exploited by the competitors. As soon an application for trademark registration is filed TM symbol can be attached to it and once it gets registered then the owner can affix the symbol of R along with the trademark. These symbols provide a great value and protection to the brand. 

The applicant is required to make trademark application on the proper trademark application form to avoid objection by an Examiner. Based on the nature of trademark filing following forms shall be filed-

It is very crucial to file a proper trademark form in every specific case so as to prevent the examiner from raising an objection to it. Thus, an application shall be filed in the appropriate form and with the specified amount of fees.


Patent Encourages Technology

Innovation and imagination are like companion for patent. There are two types classification on which IPR service is divided industrial property rights and copyright. Another one is Trademark, Patent and Copyright. In India companies, firm or individual need to acquire Trademark registration, Copyright Registration or Patent Registration.    

Copyright is a term that describes a legal right to creators for artistic and creative creation. For example music, painting and technology or any form of product.

Patent has a significant role to play in case of higher intellectual rights also this can also prominent role in the world of technology and life cycle. Initially in the R & D process goes stage wise giving raise to competitive technology. Patent also hikes the market value of any product. WIPO (World Intellectual Property Organization) is responsible for all the Patent Registration and other IPR related issues dealt internationally.

Person registered patent enjoys the exclusive right of a particular product or service. Exclusive Right let innovators to levy more on ROI (Return of Investment).Powerful Business tool enables business to expand more in India. It develops a strong market image of the brand.  

Patent registration is normally looked for at the innovative work (R&D) phase of the innovation life cycle. Different offices in organizations, including research units and specific legal counselors, assume a key part in the improvement of innovations, and also during the time spent planning and recording patent applications and getting, keeping up and abusing licenses.

As an end-result of select rights, the creator should adequately uncover the protected innovation to the general population, so others can get to the new information and can additionally build up the innovation. The exposure of the innovation is a basic thought in any patent-allowing method. Along these lines the patent framework is intended to adjust the interests of innovators and the overall population.

Patents are special in the way that they grant time-constrained privileges of selective utilization of thoughts or ideas that can be utilized to give valuable items and administrations. Licenses are rights ensuring the results of an advancement procedure (normally called "innovations"). Developments can identify with the making of a totally new gadget, item, technique or process, or may basically be a change to a known item or process. A solitary item can be secured by a scope of licenses, while then again an individual patent is regularly part of a bigger innovation arrangement, requiring critical know-how to execute an unpredictable innovation organization.

Comprises of patentable topic

An innovation must fall inside the extent of patentable topic as characterized by the pertinent national law, which fluctuates starting with one nation then onto the next. Numerous nations prohibit certain topics from licensing, for example, logical speculations, numerical strategies, plant or creature assortments, disclosures of characteristic substances, techniques for restorative treatment (instead of therapeutic items), and any development where avoidance of its business abuse is important to secure open request, great ethics or public health.

Development ought to be new

A development must demonstrate some new trademark that isn't known in the group of existing information, alluded to as "earlier craftsmanship", inside a similar specialized field. While the meaning of earlier workmanship may vary between nations, numerous nations consider any data revealed to people in general anyplace on the planet in composed frame, by oral correspondence, by show or through open use, to constitute earlier craftsmanship.

Includes an imaginative advance (non-conspicuousness): An innovation is considered to include a creative advance when, considering the earlier workmanship, the development would not have been clear to a man having normal expertise in that craftsmanship. This prerequisite is intended to guarantee that licenses are just conceded in regard of genuinely imaginative and innovative accomplishments, and not to creations that could be effectively concluded by a man with normal learning in the specialized field from what as of now exists.

Ability of mechanical application

A development must be of viable utilize, or prepared to do some sort of modern application. A creation can't be a negligible hypothetical marvel; it must be helpful and give some practical advantage.

Is completely unveiled

A patent application must unveil the development in a way adequately clear and finish for it to be done by a man gifted in the important specialized field. In a few nations, the "best mode" known to the creator for rehearsing the development should likewise be revealed.

Licenses are vital for mechanical development in the setting where they apply. They can be utilized to create incomes (from licenses), energize synergistic associations, or to make a market advantage and be the reason for profitable exercises. All things considered they make solid motivating forces for development in advertise based economies. An option approach is keep creations private, restricting community to vital innovation propels. Nonetheless, this would have points of interest and weaknesses for the two designers and for society in general, which can profit by the developments.

Non-Conventional Trademarks in India

Conventionally trademark means a mark which is capable of being represented graphically and which is capable of differentiating the goods and services of one person from those of others. Trademark is any word, logo, symbol, phrase or design adopted and placed on a product that is offered for sale or on a container that is to identify its source.

The concept of Non-Conventional trademarks is becoming more and more popular over the years. Non -conventional trademark is a distinct type of trademark that does not belong to the conventional class of trademarks. Just as conventional trademarks these trademarks also uniquely identify the commercial origin of products or services. However getting these trademarks registered is often difficult as compared to traditional marks.

Further, Non-conventional trademarks may be visible signs Like colors, shapes, moving images, holograms, positions etc or non-visible signs like sounds, scents, tastes, textures etc.

Examples of Registration of Non-conventional trademarks


Trademark registration of color has always been a topic of dispute. As the trademark act does not specifically provide for the registration of the single color however it does not expressly exclude the notion.

In India for the purpose of trademark registration of any color theory of "Color Depletion" is followed. This theory is based on two facts - Firstly there is a concern that with the limited number of colors, to grant exclusive rights to colors would sooner or later deplete the available stock and, thus, be anti-competitive. Secondly, if a color alone was protectable, trademark infringement suits would lead to lengthy litigations over 'shades' of color which would slow down the trademark registration process. However, the theory only bars the registration of the seven basic colors but not any shade thereof. Thus it is possible to obtain a registration for the combination of colors.


The purpose of the sound trademark registration is to uniquely identify the commercial origin of products/ services by means of an audio clip. The musical notes that can be represented in the form of musical notations are acceptable whereas the sounds which require onomatopoeic or sonogram representation are not eligible for trademark registration.


Trademark registration of the smell is not a very popular concept in India. Due to the absence of graphical representation the number of smell registrations is very less as compared to sound registrations and color registration.  Generally the representation of the smell is verbal and the verbal representation of the smell is not sufficient to distinguish one smell from the other. Further, the representation of smell can also be made through chemical formulae.  However this concept is challenged on the grounds that a chemical formula does not represent the smell of the chemical itself and that few people would be able to get a sense of the smell based on its chemical formula.

Assignment of Copyright in India

Copyright is a unique kind of intellectual property right.  In India, the copyright act has been passed in the year 1914. A copyright helps the originator of the creative idea, expression, process and a concept to shield his uniqueness. Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary or musical works. In order to obtain a copyright, it is essential that a work must show a minimum level of creativity and originality. 

The work for which copyright has been obtained by the owner cannot be copied reproduced, published without the permission of the creator. Thus, the owner of the copyright has an exclusive right to assign the copyright of the work created wholly or partially to any person.

Crucial points related to Copyright Assignment  

  1. The ownership of the copyright may be transferred wholly or partially.
  2. While assigning the copyright to the third party the owner must specify the amount of copyright. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright, subject to certain conditions.
  3. In case the assignment of copyright will take place in future, then the assignment shall take effect only when the work comes into existence. In this regard, “assignee” includes the legal representatives of the assignee, if he dies before the work comes into existence.
  4. The assignment of copyright will be valid only when it is in writing and signed by the assignor or his authorized agent.
  5. The rights of the assignor in the copyright shall be diluted to the extent of the rights assigned to the third party.
  6. The assignment deed shall specify the territorial extent of such assignment. In case the assignment deed is silent, it shall be presumed to extend within India.
  7. The assignment shall further specify the assigned rights and the amount of royalty paid.
  8. The assignment agreement shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties.
  9. In case the assignee fails to exercise his rights within one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed, unless otherwise specified in the assignment deed. Further, if the period of assignment is not specified then it shall be deemed to be 5 years from the date of assignment.
  10. In case the assignment undertaken is in contrary to the terms and conditions of the rights already assigned to a copyright society to which the creator is a member, it shall be deemed void.
  11. In the case of a manuscript, the copyright is a personal property of the owner that can be transmitted by testamentary disposition.
  12. The equitable assignment is just the agreement to assign and not the assignment.
  13. After the assignment, the assignee will get the rights of- translation, abridgment, adaptation, dramatic and filmmaking in the work.
  14. To repeal the work the creator is required to give notice of the same in prescribed form to the Registrar of Copyrights or by way of public notice. As soon as the registrar will receive this notice he is required to publish it in the Official Gazette. Within 14 days of the publication, the Registrar shall post the notice on the official website of Copyright Office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from the date of the notice.

The basic motive behind the introduction of copyright assignment is to give the benefits of ownership and distribution to the creator of the work. However, the copyright assignment cannot be used to deprive the original creator of his original creation.  


Selecting a Trademark Class for Good or Service

It is very crucial for the applicant of the trademark registration to identify the class of the goods and services that their good or service belongs to. All the goods and services are classified into 45 categories, 34 categories out of 45 belong to the products while rest 11 classes belong to the services. While making an application for registering a trademark an applicant shall determine the class of their product or service. The class of the product or service can be determined by checking the list of 45 classes of goods and services.

Following is the list of classes of trademark goods and services-

Classes of Trademark Goods

Class 1

 Various kinds of chemicals used in industries, science, photography, agriculture, horticulture and forestry, manures, fire extinguishing compositions, tempering and soldering preparations. It also includes chemicals used in unprocessed artificial resins, unprocessed plastics. In addition to this chemical substances for preserving foodstuffs and tanning substances adhesive used in industry.

Class 2

Any Kind of Paints, varnishes, lacquers. It also includes preservatives against rust and against deterioration of wood, colorants, mordant. Further, it includes raw natural resins, metals in foil and powder form for painters, decorators, printers and artists.

Class 3

Various substances used in laundry, cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics.

Class 4

Every kind of industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks is included in this class.

Class 5

This class includes various medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.

Class 6

Any kind of common Metals and alloys, any material used for metal building is included here. It also includes non-electric cables and wires (all of the common metals), pipes and tubes and other small metal hardware.

 Class 7

Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs) and agriculture machines (hand operated not included) are included here.

Class 8

It includes Hand tools, cutlery, razors and side arms.

Class 9

Any kind of instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.

Class 10

Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth and orthopedic articles are included in this class.

Class 11

Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating and sanitary or water supply related appliances and apparatus are included in this class.

Class 12

This class includes the products like Vehicles and apparatus for locomotion (in/by land, air or water).

Class 13

Fireworks, Firearms, Explosives, and ammunition (also projectiles) products are included in this class.

Class 14

 Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones, also chronometric instruments are included in this class.

Class 15

This class includes any Musical Instrument.

Class 16

This class includes the products like Cardboard and paper, any goods made from them, printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paint brushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.

Class 17

 Rubber, mica, gutta-percha, asbestos, gum and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals) are included in this class.

Class 18

This class includes leather of any kind of its limitation, any goods from this material, trunks, hides, animal skins and traveling bags, parasols, umbrellas and walking sticks also harness and whips.

Class 19

This class includes Non- metallic building materials, rigid pipes again non-metallic and used for building purposes, bitumen, asphalt, and pitch, monuments, not of metal.

Class 20

This class includes Mirrors, furniture, picture frames, any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.

Class 21

It class contains the various products like Household utensils and containers (including kitchen), sponges and combs, brushes(excluding paint brushes) and materials included in their making, steel wool and unprocessed glass, porcelain and glassware and also earthenware.

Class 22

It includes the products like Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes), stuffing and padding materials, raw textile materials (fibrous).

Class 23

This class includes Threads and Yarns (textile use).

Class 24

Textile and their goods like bed covers and table covers are included here.

Class 25

It contains the articles related to footwear, clothing, and headgear.

Class 26

This class includes all types of Ribbons, Embroidery, Lace, and braid. Also, this class includes the other products like hooks and buttons, needles, pins and artificial flowers.

Class 27

Mats, rugs, carpets and matting, linoleum and other similar materials used for covering existing floors and also wall-hangings which are non-textile are included here.

Class 28

Any kind of Sporting and gymnastic articles, games and any kind of play things given that they are not included in other classes and also decorations for Christmas Trees are included here.

Class 29

Fish, meat, poultry, meat extracts, dried, cooked, frozen edibles (fruits and vegetables), jellies, jams, eggs, milk and its products, oil (edible) are included in this class.

Class 30

This class includes tea, coffee, rice, sugar, tapioca, artificial coffee, and sago, bread, flour, pastry and confectionery items, honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.

Class 31

Products of agriculture, forest and horticulture and grains that are not included in other classes, fresh vegetables and fruits, live animals, seeds, plants and flowers (natural), the food product for animals are included in this class.

Class 32

This class includes mineral and aerated water. Further, all kinds of non-alcoholic drinks and beers, fruit juices and drinks, syrups and preparation for beverages are included in this class.

Class 33

It includes all Alcoholic drinks (except beers).

Class 34

It includes the various products like Smoking articles, Tobacco, and matches.

Classes containing trademark Services

Class 35

The activities related to Business Management, advertising, business administration and other office functions are included here.

Class 36

It includes all the services related to financial affairs, Insurance, Monetary affairs and real estate affairs.

Class 37

It includes Repair, Building construction, Installation Services.

Class 38

This class includes the services of telecommunications.

Class 39

This class includes the services of packaging and storage of goods and also transportation of goods.

Class 40

This class includes activities related to the treatment of Materials.

Class 41

The services like providing training, Entertainment, sports, Education and other cultural activities are included here.

Class 42

This class includes the technological and scientific services, industrial analysis and research services. Further, it includes the services of the development of computer hardware and software and their designing.

Class 43

Services related to providing drinks and food or temporary accommodation is included here.

Class 44

 Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals, horticulture, agriculture and forest services are included in this class.

Class 45

Legal and security services are included here. Also, the personal and social services are also included here.

Restoration of the Expired Trademark

A Trademark is a “brand” or “logo” associated with the product. A properly used and promoted trademark helps the product to establish a brand image in the minds of the people.

It is very crucial to obtain trademark registration as it gives protection to the business entity against the other companies who might commence their activities using identical or similar marks. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

The trademark once issued is valid for the time period of 10 years and after the completion of 10 years, the trademark issued get expired thus the trademark owner is required to get it renewed.

Following steps shall be taken to renew the trademark when it gets expired-

  1. Initially, the owner of the trademark is required to file TM-10 within 6months from the expiration and pay a specified amount of charges for renewal of the trademark.
  2. As soon the application made is accepted, the owner of the trademark is required to advertise the trademark in the trademark journal in order to inform the concerned about its restoration and invite objections from the people.
  3. In case there are no objections received within the specific timeframe, then the trademark is re-registered and enclosed within the trademark information. The trademark reregistered will again be valid just for the tenure of ten years.

Procedure for Trademark Renewal of Associate in Nursing terminated Trademark in India:

  1. In case the owner of the trademark does not make any application regarding the renewal of the trademark, minimum 1 month and maximum 3 months before the expiration of the last registration of the trademark, the Registrar himself could inform the businessman or his agent about the approaching expiration of the mark.
  2. In case the trademark owner or his agent fails to pay the prescribed trademark renewal fee before the expiration of the last registration of the trademark, then the Registrar is empowered to take away the mark from the register and advertise it within the official journal. However, the Registrar cannot take remove the mark from the register, if Associate in a Nursing application is filed by the trademark owner for payment of the renewal fee within six months of the expiration of the last registration of the trademark.
  3. In case no application regarding the renewal of trademark is filed within six months of the expiration of the last registration of the trademark, then the trademark expires.
  4. An application for the renewal of the trademark shall be filed within one year from the expiration of the last registration of the trademark. Further, the Registrar will consider the request for restoration of the terminated trademark scrutinizes the interest of differently affected persons.
  5. In case the terminated trademark is restored by the trademark owner, a notice will be sent by the Registrar to businessman concerning such restoration and therefore the same will be publicized within the Official Journal.
  6. Through the advertisement published in the journal regarding the restoration of the trademark, the Registrar invites the objection against restoration. In case no such objection is detected then the trademark is rehabilitated within the register for successive ten years.
  7. If any objection is raised, then the Registrar conducts the hearing and after hearing each the parties it passes a call on whether or not to revive the trademark or not.
  8. If someone else applies for registration of the terminated trademark, then the businessman needs to file Associate in nursing objection against the third party who has applied for registration of the terminated trademark.

Getting the trademark renewed helps the businessman to protect itself from duplicity and help them to maintain the exclusivity of their brand.

Difference between Trademark Objection and Trademark Opposition in India

Trademark examination and Trademark opposition are the two terms we often hear when we deal trademark. Both the terms sound similar but both are separate proceedings. People often get confused between trademark objection and trademark opposition. Here are some fundamental difference between Trademark objection and Trademark opposition.

Trademark Examiner does Trademark objection whereas Trademark opposition is initiated by third (person in public having objection) and his/her has doubt in acceptance of your mark.

Trademark Objection is the part of Trademark examination process. In this process Trademark examiner examines your application and issues the Trademark examination report against your mark.  In most cases Trademark applications are objected and the objection should be responded within a month calculated from the date of issuance of the report. Whereas, third party opposes trademark. This is mainly done after the advertisement of the acceptance of your mark, from the Trademark registry in Trademark journal.

What is Trademark Objection?

Trademark objection is a form of preliminary negation issued by the trademark examiner after examination of your application. Trademark are objected for lack of distinctiveness some similarity with pending or registered marks. According to the trademark law and there are some other reasons as well like international proprietary names, geographical names, offensive or obscene words as a part of or as a trademark. It is the formality in most that can be overcome by proper representation before the registrar. In some cases one should approach the appellate board to appeal against the decision. It is mandatory to have periodical checking on trademark application. Trademark objection raised by examiner will lead to abandonment. It is similar to the fact like you’ve lost your money spent on Trademark Filing.  

Points to remember

  • Get in touch with a ‘reputed’ trademark attorney to represent your case. Unless you know what you are doing.
  • It is advised not to use sample or format available online. 
  • In case you are use the sample, the trademark office would not consider your reply and post your case for hearing.
  • Respond to trademark objection within 30 days.

What is Trademark Opposition?

Trademark opposition is a legal proceeding instituted by third parties. Opposition is similar to the activity like some body’s has stolen your exclusive right or idea. It is mainly accepted soon after its publication in the trademark journal, generally within 3 months from the date of publication. Opposition is third party action done by people having genuine interests in the trademark or by a person who feels that trademark registration of that trademark would be the decorum, market or any affect related to business of that person.

Opposition is an activity that is becoming increasingly common and easier than ever before. In case you applied for a trademark, even though the trademark examiner reviewed and approved it. Trade mark opposition is a serious matter should be kept in mind while registering a trademark. Opposition can sometimes lead to accusations and claims of infringement and monetary damages.

In case any applicant’s trademark has been opposed then he/she need to respond to the opposition within 2 months of the receipt of communication from the registrar of trademarks. Here are some of the difference between Trademark objection and opposition. 

Trademark objection

Trademark opposition 

Objection is issued by examiner

Opposed by the third party

Need to be responded within 1 month

Need to be responded within 2 months

No fee involved

Applicant need to reply with fee

Process under Trademark Registration

Separate process from Trademark Registration

No response will lead to removal

No response will lead to removal

Appeal lies against Rejection

Appeal lies against judgement

Acceptance is published in Journal

Judgement is communicated to the parties.


Copyright for Online Environment

Information Technology is a boon Science has given us to make ourselves easy with source of knowledge that we have around us. Internet is the source of technology has t led to proliferation of e-businesses due to its cost effectiveness, accessibility, convenience and vast user base. Internet has become great platform for Start up enterprises and Medium size businesses to efficaciously showcase its products and services.

Knowledge and information has ease of duplicating it along with anonymity   pose a continuous threat to the protection of Intellectual property rights including copyrights on the internet. Copying of trademarks, service marks protected by (Trademark Act, 1999) or Intellectual property infringements in cyberspace may comprise of any unauthorised use original music , art work, films, , multimedia, software or literary matter ( protected by the Copyright Act, 1957).

 Certain issues need to be faced by the unique matrix of the cyberspace has produced different categories of infringements including, Framing, Deep linking, Piracy of Software, Music, Video, other Digital Copyrights infringements. WIPO (World Intellectual property organization) is an international for intellectual property that have made important initiatives to bring harmonization in copyright regimes across various jurisdictions.

Protection of Computer software is done under guidelines of literary work and so are computer databases as per Section 2(o) of Copyright Act, 1957.When looking at the Original database is also protected by copyright.

Copyright issues

  • Perform and display publicly the copyright work.
  • Store the information in a tangible form.
  • Sell, rent, lease, or otherwise distribute copies of the copyright work to the public.
  • Reproduce the copyrighted work.
  • Prepare derivative works based on the copyright work.

Internet is used for browsing, downloading, uploading, file-swapping, caching, mirroring, etc. Really infringe the exclusive rights of owner. There are many results

  • Violation of the copyright owner’s exclusive distribution right.
  • Transmission of information from one computer system or network to another, involving temporary storage (RAM) of that information.
  • An appearance of a copyright image in a web browser infringing the owner’s public display right.
  • An infringement of the owner’s exclusive right to prepare derivative works.
  • An unauthorized storage of such information is a violation of the owner’s exclusive right to make copies, to reproduce the copyrighted work.

Indian Legal Provision

Some people take things for granted that they can download, reproduce and transmit on the internet. There are certain misconceptions and amounts to unauthorized downloading and infringement of the creator’s copyright. Rules and regulations are governed by IT Act, 2000.In that the section imposes a liability of up to Rs 1 crore upon a person who unlawfully downloads data. The compensation is payable to the person affected. Thus there is a radical overhauling of Indian Copyright Act, 1957 as well as the IT Act, 2000, specially the conceptual ambit, contents of rights and liability redressal.

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