Kumar Pankaj & Associates

Short definitions - Goods

Class 01  Chemicals
Class 02  Paints, Coatings & Pigments
Class 03  Cleaning Products, Bleaching & Abrasives, Cosmetics
Class 04  Fuels, Industrial Oils and Greases, Illuminates
Class 05  Pharmaceutical, Veterinary Products, Dietetic
Class 06  Metals, metal castings, Locks, Safes, Hardware
Class 07  Machines and Machine Tools, Parts
Class 08  Hand Tools and implements, Cutlery
Class 09  Computers, Software, Electronic instruments, & Scientific appliances
Class 10  Medical, Dental Instruments and Apparatus
Class 11  Appliances, Lighting, Heating, Sanitary Installations
Class 12  Vehicles
Class 13  Firearms, Explosives and Projectiles
Class 14  Precious Metal ware, Jewellery,
Class 15  Musical Instruments and supplies
Class 16  Paper, Items made of Paper, Stationary items
Class 17  Rubber, Asbestos, Plastic Items
Class 18  Leather and Substitute Goods
Class 19  Construction Materials (building - non metallic)
Class 20  Furniture, Mirrors,
Class 21  Crockery, Containers, Utensils, Brushes, Cleaning Implements
Class 22  Cordage, Ropes, Nets, Awnings, Sacks, Padding
Class 23  Yarns, Threads
Class 24  Fabrics, Blankets, Covers, Textile
Class 25  Clothing, Footwear and Headgear
Class 26  Sewing Notions, Fancy Goods, Lace and Embroidery
Class 27  Carpets, Linoleum, Wall and Floor Coverings (non textile)
Class 28  Games, Toys, Sports Equipment
Class 29  Foods - Dairy, Meat, Fish, Processed & Preserved Foods
Class 30  Foods - Spices, Bakery Goods, Ice, Confectionery
Class 31  Fresh Fruit & Vegetables, Live Animals,
Class 32  , Ales, Soft Drinks, Carbonated Waters
Class 33  Wines, Spirits, Liqueurs
Class 34  , Smokers Requisites & Matches

Short definitions - Services

Class 35  Advertising, Business Consulting
Class 36  Insurance, Financial
Class 37  Construction, Repair, Cleaning
Class 38  Communications
Class 39  Transport, Utilities, Storage & Warehousing
Class 40  Materials Treatment, Working
Class 41  Education, Amusement, Entertainment, Reproduction
Class 42  Scientific and technological services and research and design relating thereto
Class 43  Services for providing food and drink; temporary accommodations.
Class 44  Medical services; veterinary services; hygienic and beauty care for human beings or animals
Class 45  Personal and social services rendered by others to meet the needs of individuals

Although not required prior to filing an application, you are encouraged to search the USPTO’s trademark database to see if any mark has already been registered or applied for that is similar to your mark and used on related products or for related services. If your search yields a mark that you think might conflict with your mark, you should then check status to see if the application or registration is still “live,” since any “dead” mark cannot be used to block a new application.

A complete search is one that will uncover all similar marks, not just those that are identical. In this regard, searching for trademark availability is not the same as searching to register a domain name. A domain name search may focus on exact or "dead on" hits, with no consideration given to similar names or use with related products and services. Basically, a domain address is either available or it is not. The trademark process, on the other hand, is more complex. As part of the overall examination process, the USPTO will search its database to determine whether registration must be refused because a similar mark is already registered for related products or services (i.e., even identical marks may co-exist if used on goods or services not considered to be related in any way). Please note that the USPTO does not offer advisory opinions on the availability of a mark prior to filing of an actual application.

Depending on what trademark material you are looking for, there are a number of different areas to perform a Search:

Trademark Electronic Search System (TESS)
Use TESS to conduct a free online search of the USPTO database. TESS provides access to text and images of registered marks, and marks in pending and abandoned applications. The USPTO cannot provide guidance as to how you should search, beyond the HELP provided within the TESS site.

Design Search Code
If your mark includes a design element, you must search using a design code. The USPTO assigns all marks containing design figurative elements a 6-digit numerical code(s) for searching purposes. A design code search is also conducted using TESS .

For assistance in searching with a design code, access the Design Search Code Manual . This manual indexes the categories, divisions, and sections that make up these codes. For example, a five-pointed star would be coded in category 01 (celestial bodies, natural phenomena and geographical maps), division 01 (stars, comets) and section 03 (stars with five points), resulting in a complete design code of 01.01.03.

US Registration Certificates
Registration Certificates show or determine the ownership of a mark, the date first used in commerce, the registration and serial numbers, and the purposes the mark may be used in. The registration certificate may also be used to determine terms not claimed by an owner.

Patent and Trademark Resource Center  (PTRC)
The Trademark Electronic Search System (TESS) is available in all PTRCs. Also, these libraries have CD-ROMS containing the database of registered and pending marks; however, the CD-ROMS do not contain images of the design marks.

Assignments on the Web (AOTW)
Use AOTW to search the database of all recorded Trademark Assignment information from 1955 to the present (Trademark Assignments recorded prior to 1955 are maintained at the National Archives and Records Administration). Assignment records can also be searched in the Public Search Facility.

If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "trademark" is that symbol you will use to do so. Registering a trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own trademark, if your business is applicable for the same.

Documents required

A soft copy of the logo in JPEG format.

TM 48 (form of authorization).

Date of first use of the mark.

Name and address of the proprietor of the mark.

Required fee.

Types of trademarks available

- Names, including your own name or surname.

- An invented word or any arbitrary dictionary word or words. It does not need to be descriptive of the character or quality of the goods/service.

- Letters or numerals or any combination.

- Symbols

- Monograms

- Combination of colours or even a single colour in combination with a word or device.

- Shape of goods or their packaging.

- Marks constituting a 3-dimensional sign.

- Sound marks when represented in conventional notation or described in words by being graphically represented.

What does the register of trademark contain?

Currently maintained in electronic form, the trademark contains the following:

- The class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers.

- Address of the proprietors.

- Particulars of trade or other description of the proprietor.

- The convention application date (if applicable).

- Place where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.

How to make a trademark application?

You can make an application for a trademark on Form TM-1 with the prescribed fee of Rs 2,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. This will depend on the place where you reside or have your main place of business.

You will need to do a pre-filing search before filing your trademark.

Once you register your trademark, you will be issued an official receipt with a TM number.

Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview.

Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.

Duration, renewal, removal and restoration and registration.-
(1) The registration of trade mark, after the commencement of this Act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.

(2) The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as the expiration of the last registration).

(3) At the prescribed time before the explanation of the last registration of a trade mark the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the time prescribed in that behalf those conditions have not been dully complied with the Registrar may remove the trade mark from the register.

Provided that the Registrar shall not remove the trade mark from the register if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration f the last registration of the trade mark and shall renew the registration of the trade mark for a period of ten years under sub-section (2).

(4) Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an application in the prescribed form and on payment of the prescribed fee, it satisfied that it is just so to do, restore the trade mark to the register and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration.

Trademark Watch is an essential part of an effective trademark maintenance and enforcement program, which is also essential
tool to protect your trademark’s integrity. Therefore, trademark watch services will identify applications for marks that you may
want to consider opposing. The trademark watch service avoided the all legal issues related to trademark registration. Watch
Service is intended to allow trademark owners to protect their trademarks against possible future attempts of infringements.

A trademark watch can be implemented to watch for third party uses of your trademark. Trademarks can be watched in the form of A Trademark Publication Watch, Trademark Registration Watch etc.

A Trademark Application Watch: A Trademark Application watch is an easy and best way to protect the trademark. This is filled after trademark complete search by trademark attorney. Then the trademark lawyer prepares and files an application for trademark registration in a single class.

A Trademark Class Watch: Trademark Class Watch described the details about the entire trademark under a particular class, which are approved by the trademark Registrar. This service is very useful to know the new brand and new product launches in market.

Trademark Watch Report: Trademark Watch Service Report covers identical and similar newly registered Mark and trademark. You can use the contact form to order a trademark watch service in our countries listed. We will send you a personalized offer which will fit your needs.

Benefits of Trademark Watch Services:
Protect your trademark infringement.
Alert from the new launched competitor in market.
Provide the Monthly Report regarding the newly trademark, similar and identical trademark and who are using your branded name etc.
Secure the Time Value as well market value of brand name service