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Trademark Registration

Trademark Registration Fundamentals

Before beginning the process of filing a trademark application, the applicant needs to understand some basic concepts relating to trademark filing.

Trademark Class: The World Intellectual Property Office or WIPO has organized all goods and services under 45 different classes. Hence, when a trademark application is submitted - it must fall under one or more class. For example, the trademark application for a bike called "FastSpring" would be filed under Class 12, which pertains to vehicles. If the mark is registered under Class 12, then no other person would be eligible to register an identical or similar mark under the same class. On the other hand, if an applicant makes a trademark application for "FastSpring" under a different class, if there are no conflicts - then the mark would be registered under the different class. In case an applicant product or service spans across classes, then multiple classes can be included in the trademark application at an additional cost.

For a trademark to be legally protected in India, it must be registered in India. Similarly, just because a mark is registered in India will not ensure that the trademark is protected in other countries across the world. If the trademark owner plans to take a brand international, then multiple trademark applications in the respective countries must be filed.

Documents Required

  • Logo, if applicable.

  • Identity proof of the trademark owner

  • Incorporation certificate, if company or LLP

  • Address proof

Note: Logo is not mandatory. Word alone can be trademarked.

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