Indian trademarks refer to the legal protection granted to distinctive signs, symbols, names, words, logos, or combinations thereof that are used to identify goods or services offered by a particular entity in India. Trademarks play a crucial role in distinguishing the products or services of one business from those of others, helping consumers make informed choices and fostering brand recognition.
The legal framework for Indian trademarks is governed by the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. The Trademarks Act provides for the registration, protection, and enforcement of trademarks in India.
Key aspects of Indian trademarks include:
Registration: Trademark registration in India is done through the Trademark Registry, which operates under the Office of the Controller General of Patents, Designs and Trade Marks, Ministry of Commerce and Industry. Once registered, a trademark owner has exclusive rights to use the mark in connection with the goods or services it covers.
Distinctiveness: To be eligible for trademark protection, a mark must be distinctive, not descriptive, and capable of distinguishing the goods or services from those of others.
Classes: Goods and services are categorized into different classes for trademark registration purposes. Applicants must specify the classes that their trademark will apply to.
Priority and Convention: India follows the principle of “first-to-file,” which means that the person who files the trademark application first is generally given priority. India is also a member of the Paris Convention for the Protection of Industrial Property, allowing foreign applicants to claim priority based on their earlier trademark applications in member countries.
Duration: A registered trademark is valid for a period of ten years from the date of filing the application. It can be renewed indefinitely for successive periods of ten years.
Trademark Class 1: Trademark Class 1 includes all kinds of chemicals. Chemicals used in industry, science, photography, agriculture, horticulture, forestry, and so on are all included in class 1 of goods. It also includes industry adhesives, manures, unprocessed resins, and plastics.
Trademark Class 2: Class 2 includes mainly paints, colourants, lacquers and preparations used to protect against corrosion. It also includes preservatives against rust and wood deterioration; colourants; mordants; raw natural resins; and metals in foil and powder form for painters, decorators, printers, and artists. A trademark is a symbol identifying a personality or status of a company. It must be unique across the world.
Trademark Class 3: Class 3 includes all kinds of cosmetics and cleaning products, including soaps, hair lotions, toiletries, etc. Perfumery, essential oils, hair lotions, etc. are also included in class 3 for trademark registration.
