Trademark Lawyers in Delhi

Overview

BIAT Legal LLP is more than a full service Intellectual Property and Corporate Law firm. The firm is a team of young lawyers that strives to always create and implement innovative and effective methods of providing its services at cost effective rates and quality representation and services for its clients and will continue to provide such services beyond the expectations of our clients.

We deliver stringent delivery practices which are consistent as per defined quality standards. We always try to create immense IP values for our clients by providing a high level of technical and legal competence. We always come up with the best Intellectual property Solution for our clients. We believe that success comes only when we have a long perspective. Therefore we focus on building long term relations through a high level of client orientation.

India is full of opportunities when someone is thinking of starting up a new business. It is important to protect your brand or product in the market, and therefore it is important to protect your brand or product from being misused by any third person. Trademark protection fulfills this requirement by giving protection to your product or brand, it gives exclusive right to the owner of Trademark for its use. If any person is found of taking undue benefit of the same or is found to be illegally using the brand in his name by commercially exploiting it then the owner of the Trademark could claim over its brand by filing an infringement suit in the competent court.

A good Trademark must be unique and distinct and it should not be similar or close to the already registered mark. If it is similar to the already registered mark, then the court is the one which decides upon the use, strength and Popularity of the Trademark. This is how you can stop a third party or another party to illegally use your Trademark.

Trademark law is governed by Trademark Act, 1999. Trademark applications could be filed online and offline as well. However, filing of an online application helps you to avail 10% discount on the same like filing of a trademark application manually then government fees would be of Rs. 5,000/- and if the same is filed electronically then government fees is just of Rs. 4,500/- for individuals and proprietorship firms.

Following are the information which are required to be filled while filing of a Trademark form-

• Name and address of the Applicant along with their nationality (i.e. whether a firm is a partnership firm, individual, Msme firm along with its details).
• TM -48 or Power of Attorney is required if an application is filed through an Attorney or an agent.
• Whether the mark is used on a prior basis, if yes then details of the same is to be mentioned along with attached invoices and bills of the date of first use.
• Details of goods and services that are proposed to be registered, soft copy of the logo in JPEG format and affidavit and supporting documents (only if mark is already in use).

• Form TM-A is to be submitted for the application of registration of Trademark along with the prescribed fees and required documents, after submission of the application an Application number is allotted.
• Within one month from the submission of Trademark, the Registry will either accept the application or will raise an objection. If an objection is raised then the registry will send the examination report to the applicant, within one month of the issue of the Examination report its reply is to be submitted, and after that f registry is not satisfied by the reply to the examination report, then hearing of the same would be conducted. And if the registry refuses the mark after conducting a hearing and the aggrieved party wants to appeal against the decision of the examiner, then he may make an appeal before Intellectual property Appellate Board could be made. However, in case of no objection the Trademark application is accepted and is published in the journal for the period of 90 days.
• If the general public does not object within 90 days of publication, marks will be registered within 12 weeks. However if it is objected, then a hearing will be called and both the parties have to appear before the court.

In order to get Trademark protection in India there are some procedures which everybody has to follow. Different products and services are covered under different classes of goods and services for Trademark.

There are several Trademark classes of goods and services. Lists of the Trademark classes are mentioned below-

Class 1- Any kind of chemicals that are used in industries, science, or photography, even chemicals used in agriculture, horticulture and forestry, also adhesive used in industry, unprocessed plastics and chemical substances. Class 3- Substance used in dry cleaning, laundry, also chemicals used for cleaning purposes and also includes cosmetic products. Class 4- All industrial greases and oils, lubricants, wetting or binding compositions, al fuel and candle wicks. Class 5- All medical preparations or pharmaceutical products for both humans and animals. It includes ayurvedic preparations also, baby food, disinfectants, dressing materials etc. Class 6- Common metals and alloys, any material used for metal building, pipes and tubes and other small metal hardware. Class 7- Machines and their tools, thermo power plants, motor engines and agricultural machines. Class 8- Hand tools, cutlery, razors and side arms. Class 9- It includes all electronic products including all wires and cables, all mobile accessories, and instruments used for cinematography, 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; orthopedic articles also included. Class 11- Any lighting, steam generated apparatus, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply appliances. Class 12- Vehicles and apparatus for locomotion. Class 13- Fireworks, Explosives, firearms and ammunition. Class 14- Any precious metals and its alloy and any goods made of that precious metal or even coated with jewellery, ornaments and precious stones; watches, and also chronometric instruments. Class 15- Any musical instruments. Class 16- Any kind of stationary, Paint brushes, office requisites, teaching material, printing blocks and plastic materials for packaging. Class 17- Rubber, mica, gutta-percha, asbestos, gums and any goods made from these, packing, insulating and stopping materials. Class 18- Leather and any king of imitation thereof. Includes bags made of aimal skin and otherwise thereof. Class 19- non-metallic building materials, non-metallic rigid pipes used for building materials, monuments no of metal etc. Class 20- Mirrors, furnitures, picture frames, any goods of wood, ivory, amber, shell, mother of pearl or any kind of their substitutes, also plastics given that they are not included in any other class. Class 21- Any kind of household utensils and containers for kitchen purposes, sponges, combs and brushes, steel wool and unprocessed glass porcelain and glassware also earthenware. Class 22- Tents, nets, strings, ropes, tarpaulins, sacks, sails, bags (which are excluded from other classes), stuffing and padding materials; raw textile materials. Class 23- Threads and yarns. Class 24- Textile and other goods; bed covers and table covers. Class 25- Footwear, clothing and Headgear. Class 26- Ribbons, embroidery, laces and braid; hooks and buttons; needles and pins; artificial flowers. Class 27- Mats, rugs, carpets and matting, wall hangings etc which are non-textile. Class 28- sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for the christmas tree. Class 29- Fish, Meat, poultry, meat extracts; dries, cooked, frozen edibles, jellies, jams; eggs, milk and its products and edible oils Class 30- Tea, coffee, rice, sugar, Tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; hony, ices, yeast, treacles, salt, baking powder, mustard, sauces, vinegar, spices and ice. Class 31- products from agriculture, forest and horticulture, and grains given that are not included in any other class, fresh vegetables and fruits; live animals; seeds; plants and natural flowers; food products for animals. Class 32- Mineral and aerated water- Non-alcoholic drinks and beers; Fruit juices and drinks’ syrups and preparations for beverages. Class 33- Alcoholic drinks excluding beer. Class 34- Smoking articles, Tobacco and matches.

Trademark classes for Services

Class 35- Business management, advertising; business administration and other office functions. Class 36- Financial affair, Insurance, Monetary affairs; real estate affairs. Class 37- Repair, building construction, installation services. Class 38- Telecommunications. Class 39- Packaging and storage of goods; Transport. Class 40- Treatment of Materials. Class 41- Providing of Training, Entertainment, sporting, education and other cultural activities. Class 42- Technological and scientific services; industria analysis and research services; development of computer hardware and software and their designing. Class 43- Services related to providing food, drinks or temporary accommodation. Class 44- Any kind of medical services. Class 45- legal and securities services; personal and socials services.