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TRADEMARK REGISTRATIONA brand name actually constitutes a trademark. A brand or a brand name owned by an owner may want to keep it under his proprietorship. For this purpose, he needs to get his brand registered. This brand name which is registered using a logo or a symbol, the logo or symbol is then known as a trademark. Brand in India is categorized into several categories and subcategories. One can easily find out the list of the brands available in the country based on the product or services they provide.Due Diligence:a. It is advisable to conduct a market survey through an investigating agency etc. to ascertain whether any identical or deceptively similar mark is used for the same goods by any other person in the market.b. It is advisable not to imitate another persons trade mark or any other well known trade mark even if the goods are different.c. Online Search through the records of Trade Marks Registrar can be conducted to check is any mark with similar name exists.Application:After necessary preliminary due diligence, Trade Mark Registration can be filed with the Registrar of Trade Marks. Application can be filed online and also offline. A TM application should be in prescribed format and must have following information:Once you have settled on an appropriate trade mark to register, an application to TMR India must include the following:· A representation of the trade mark;· Nomination of the relevant classes. JPEG copy of Logo (if it is for Logo). Font and other details in case of word mark;· Description of the goods and/or services to which it will apply; and· A translation of any part of your mark that is another language.. Payment of prescribed feel.Please note that A Trade Mark Application is required to specify category of goods/services and is limited to the category of goods for which it is being used/applied.CLASSES OF GOODS:CLASS 1:Horticulture and forestry, tanning substances, unprocessed plastics, unprocessed artificial resins, chemical substances for preserving foodstuffs, manures, fire extinguishing compositions, tempering and soldering preparations, adhesives used in industry. Broad chemical category including polymers, bulk petrochemicals and intermediates, other derivatives and inorganic chemicals, basic industrials, and fertilizers. Typical growth rates for basic chemicals are about 0.5 to 0.7 times GDP. The chemical industry has shown fast growth for more than fifty years. The fastest growing areas have been in the manufacture of synthetic organic polymers used as fibers, plastics and elastomers.CLASS 2:Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.CLASS 3:Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.CLASS 4:Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.CLASS 5:Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.CLASS 6:Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.CLASS 7:Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.CLASS 8:Hand tools and implements (hand-operated); cutlery; side arms; razors.CLASS 9:Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.CLASS 10:Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.CLASS 11:Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.CLASS 12:Vehicles; apparatus for locomotion by land, air or water.CLASS 13:Firearms; ammunition and projectiles; explosives; fireworks.CLASS 14:Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.CLASS 15:Musical instruments.CLASS 16:Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.CLASS 17:Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.CLASS 18:Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.CLASS 19:Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.CLASS 20:Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.CLASS 21:Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.CLASS 22:Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.CLASS 23:Yarns and threads, for textile use.CLASS 24:Textiles and textile goods, not included in other classes; bed and table covers.CLASS 25:Clothing, footwear, headgear.CLASS 26:Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.CLASS 27:Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).CLASS 28:Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.CLASS 29:Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.CLASS 30:Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.CLASS 31:Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.CLASS 32:Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.CLASS 33:Alcoholic beverages (except beers).CLASS 34:Tobacco; smokers' articles; matches.CLASSES OF SERVICESCLASS 35:Advertising; business management; business administration; office functions.CLASS 36:Insurance; financial affairs; monetary affairs; real estate affairs.CLASS 37:Building construction; repair; installation services.CLASS 38:Communication This class includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which;ü allow a person to talk to another,ü transmit messages from one person to another, andü place a person in oral or visual communication with another (radio and television).Class 39Transportation and Storage This class includes mainly services rendered in transporting people or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding. In addition the class also includes storage on magnetic media.Class 40Material Treatment This class includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances.Class 41.Education and Entertainment This class contains mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention of others.NEW SERVICES CLASSES - EFFECTIVE JANUARY 1, 2002Class 42.Scientific and technological services and research and design relating thereto: industrial analysis and research services; design and development of computer hardware and software; legal services.Explanatory NoteClass 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer specialists, lawyers, etc.This Class includes, in particular:ü the services of engineers who undertake evaluations, estimates, research and reports in the scientific and technological fieldsü scientific research services for medical purposesThis Class does not include, in particular:ü business research and evaluations (Cl. 35);ü word processing and computer file management services (Cl. 35);ü financial and fiscal evaluations (Cl. 36);ü mining and oil extraction (Cl. 37);ü computer (hardware) installation and repair services (Cl. 37);ü services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);ü medical treatment services (Cl. 44);ü garden design (Cl. 44).Class 43.Temporary accommodations. Services for providing food and drink;Explanatory NoteClass 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodations.This Class includes, in particular:ü reservation services for travellers' accommodations, particularly through travel agencies or brokers;ü boarding for animals.ü This Class does not include, in particular:ü rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);ü arranging travel by tourist agencies (Cl. 39);ü preservation services for food and drink (Cl. 40); discotheque services (Cl. 41);ü boarding schools (Cl. 41);ü rest and convalescent homes (Cl. 44).Class 44.Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.Explanatory NoteClass 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture and forestry.This Class includes, in particular:ü medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples);ü artificial insemination services;ü pharmacy advice;ü animal breeding;ü services relating to the growing of plants such as gardening;ü services relating to floral art such as floral compositions as well as garden design.This Class does not include, in particular:ü vermin extermination (other than for agriculture, horticulture and forestry) (Cl. 37);ü installation and repair services for irrigation systems (Cl. 37);ü ambulance transport (Cl. 39);ü animal slaughtering services and taxidermy (Cl. 40);ü timber felling and processing (Cl. 40);ü animal training services (Cl. 41);ü health clubs for physical exercise (Cl. 41);ü scientific research services for medical purposes (Cl. 42);ü boarding for animals (Cl. 43);ü retirement homes (Cl. 43).Class 45.Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.