BIAT Legal LLP is a full services Intellectual Property Firm and corporate Firm. The firm is a team of young lawyers who strives to give their best solution to their clients by providing its services at cost effective rates and quality representation services for its clients.
The firm is expertise in the area of Trademark Registration, Copyright Registration, and Design Registration and in IP Litigation in various court of law. We do proper search of the availability of brand name before registering for the mark.
BIAT Legal LLP has dealt with over 4000 clients successfully nationally and internationally which is why it has attained its specialty in the field of Intellectual Property Law.
We are the best option to choose for when it comes to Intellectual Property. We deal with each and every matter very professionally and we understand that brand protection or protection of one’s original creation is one of the biggest assets for your company/ firm. We help your clients in protecting its name by providing its services to clients in the best possible way. We are best in securing your brand name and your brand entity.
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-
Trademark is registered for the term of 10 years and after that renewal of the same is required. The Application for renewal (Form TM-R) along with the renewal fee can be made prior to the date on which renewal falls due.
Once the Application for Trademark is submitted the Applicant can use ™ symbol over its brand name or logo, and once it gets registered ® symbol could be used over its brand name or logo or products.
1.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.
2. 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.
3. 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.
It is governed by Rule 26 of the Trademark Rules, 2017 and states as “Every application for the registration of a trademark, shall contain a clear and legible representation of the trademark of size not exceeding 8cm x 8cm. Where an application contains a statement to the effect that the applicant wishes to claim combination of colours as a distinctive feature of the trademark, the application shall be accompanied with the reproduction of the mark in that combination of colours.”
Yes, Multi class applications are allowed in India along with the requisite fees.
Yes,The Trademark Applications could be filed electronically, which enables the online filing of trademarks, including the entry of the details set out the above and the uploading of relevant documents.
Further details regarding filing of the trademark application could be obtained and accessed on Indian Trademark Registry’s website.
Under the current Trademarks Rule of Trademarks Registry, the official fee for e-filing a trademark application is 10% lower than the fee for physical filing.
Rule 10 and 11 of the Trademarks Rules govern the filing of trademark applications in India. The forms along with its requisite fees for filing them are set out under schedule 1.
™ Symbol is used to indicate when a mark is unregistered but has already applied for its registration and is used to promote goods. It can also be used even for the non-registered trademark which registration is not applied to claim use over it. Whereas ® is used to indicate the registered Trademarks/ service marks that provide the applicant complete ownership and legal rights over the trademark/ service mark.
One can directly file in the jurisdiction where applicant is willing to apply its mark with or without taking priority of domestic mark. Another mode of international registration of trademarks is facilitated through Madrid Protocol through which by filing a single application, one could get registration in many countries including under Madrid Protocol, taking priority in one of the counties. This priority has to be claimed within six months. List of jurisdictions that can be accessed through Madrid protocol for filing Trademarks is available at this link http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=8.
Trademark Classes of Goods-
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 2- Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, mordants and colorants.
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.
I had a very good experience with BIAT Legal LLP. They know exactly what their client wants and they ensure they could achieve it. They handle my litigation professionally, as per the needs of the case.
The team of BIAT Legal LLP provided excellent guidance and proper follow up regarding the matter. They expressed genuine concern and patience with our legal questions and put in efforts to solve them.
UKS & ASSOCIATES
The team of BIAT Legal LLP is a highly professional team and always keeps me updated throughout my Litigation Process. I would proudly refer them to anyone, for they are unparalleled in their legal expertise.
I was exhausted with my prior service provider as they were not taking heed to the hearing of my trademark matter, then I approached BIAT Legal LLP for my hearing. I am very happy with the team as they professionally handled my case and regularly follow up regarding the hearing.
I approached the team of BIAT Legal LLP for the Trademark Registration. I am very happy with the team as they are very professional and I can proudly refer anyone to BIAT Legal LLP.
The team of BIAT Legal is well experienced in their field of criminal litigation. They always come well prepared in the court and very wisely handled my criminal case in Dwarka district Court. Will definitely recommend their services.
Highly appreciable team of experts. They handled my civil as well as NCLT matter in a very professional manner. They help me fight my case against Bhushan Steels and Tata Steels and always follow up with my matter. Team is very calm and they help us to understand the case in a very simple manner.
SHRI BALAJI ALUMINIUM