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Trademark Registration

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Trademark is an important Intellectual property right. It identifies or distinguishes you from the others. Trademark can be a name, logo, sound, smell basically anything which identifies the source of goods or services.

Trademark Registration

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Trademark may be defined as any mark which is used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between goods and some person having the right as proprietor to use that mark.

 The function of a trademark is to give an indication to the purchaser or a possible purchaser:

  • to the manufacture or quality of the goods
  • trade source from which the goods come
  • The trade hands through which they pass on their way to the market.



While deciding the brand name/trade name one should be very cautious. Once kept, it is difficult to change as goodwill gets associated with the mark. More the usage of a mark, greater would be the goodwill generated and hence difficult to change. It is always better to spend some time initially then to regret later.


What constitutes a good or bad trademark?
  • It is primarily a person’s full name or surname, or that of another individual. For example, every second sweet shop in  North  India is  Agarwal  Sweets thereby confusing the consumers.
  • It is a word that clearly “describes” a feature or trait of the goods or services like “Fragrance” for a perfume. Generally, such marks are not allowed registration unless they can show considerable goodwill generated over the years through its usage.
  • The mark, although not clearly descriptive, is thought to be clearly misleading. These are words which generally hint at the quality of the products like “Smooth and Silky” for Creams.
  • It is a word that clearly designates the place of origin of the goods or services, or that misleads the public into thinking that the goods come from a certain place if they do not. Many of the geographical names are not allowed like Darjeeling for tea unless it comes from that area.
  • It is a word in common everyday use or phrase specific to an industry.  GOOD TRADEMARKS
  • A trademark must be chosen carefully. If you are launching a product and adopting a new trademark, please bear in mind that the scope of legal protection your mark would obtain shall depend upon the type of trademark chosen. Some of the possible strategies are:
  • To adopt a coined word, which has no reference to the goods/services upon which it is used. E.g. Canon, Kodak or Coke. 
  • To adopt an arbitrary word, which has no relevance to the goods/services upon which it is used. E.g. Apple computers; Lotus software, Blackberry smartphones. 
  • The more distinctive a trademark is, the broader will be the available scope of protection.  Precautions to be followed while selecting your trademark:
  • Avoid Superlative or Laudatory words. E.g. Premium, Gold, Deluxe;
  • Avoid Descriptive words. E.g. Coffee shop for coffee bars; Cooler for Refrigerators;
  • Avoid trademarks Confusing similar to existing trademarks;
  • Avoid words which have direct reference to the Character or Quality of the product/service. E.g. Best Choice, Easy Cook, Super;
  • Avoid Common Personal Names or surnames. Such names are register-able only if it has acquired distinctiveness through advertisements and long use. E.g, Bajaj, and Tata have been registered due to long use and huge advertisements despite the fact that they are Surnames.
  • Well-known geographical names such as SWISS chocolates or U.S.A. pizza are also not register-able.
  • To do trademark search so as to avoid any possible overlapping with the existing marks in the same class of goods/services.


Legal formalities regarding trademark registration


Trademark registration can be obtained for words, logo, numerals, slogan, device and more in India. Trademark registration provides the legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is, however, a long process involving multiple steps.


  • Trademark search
  • Trademark filing
  • Trademark application allotment
  • Vienna codification
  • Trademark examination
  • Trademark journal publication
  • Trademark registration

Duration –

  • Trademark search ( Time about 5 hours)
  • Create Trademark application ( Time required 2-3 days)
  • Trademark registration ( Time required 18 to 24 months)


Documents required for filing a Trade Mark Application in India
  • Trademark or logo copy
  • Applicant details like name, address and nationality and for company: the state of incorporation
  • Goods or services to register
  • Date of first use of the trademark in India, if used by you prior to applying
  • Power of attorney to be signed by the applicant in Rs.100 Stamp paper


This package is only for small individuals.




Q1. What is a trademark?

Ans: Trademark is an important Intellectual property right. It identifies or distinguishes you from the others. Trademark can be a name, logo, sound, smell basically anything which identifies the source of goods or services.

Trademark may be defined as any mark which is used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between goods and some person having the right as proprietor to use that mark.

 The function of a trademark is to give an indication to the purchaser or a possible purchaser:

  • As to the manufacture or quality of the goods
  • Trade source from which the goods come
  • The trade hands through which they pass on their way to the market.


Q2. What are the qualities of good trademark?

Ans.The qualities of the trademark are:

  • It must be of the nature of being represented graphically.
  • It must serve the purpose of distinguishing products of a manufacturer from another.
  • Shape, color combination, and packaging may be protected as trademarks.
  • The usage or proposed use should be in relation to any particular goods or services.
  • It should be capable of projecting connection of a person/group of persons with the manufacture of the goods or provision of services.
  • Protection may be granted to a trademark through continuous usage or by registration under the Trade Marks Act, 1999.


Q3. Is the registration of Trademark is mandatory in India?

Ans. No. registration of a trademark is not mandatory in India.


Q4.what are the benefits of registered trademark?

Ans. There are numerous benefits to registering a trademark and utilizing the trademark services of a lawyer. Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark. Using a trademark lawyer increases the likelihood of receiving all of the benefits discussed below


  • Registering a trademark provides greater Protection
  • Registering a trademark deters others from using your trademark
  • Registering a trademark provides the trademark owner with greater remedies


Q5. How is trademark designated in India?

Ans. A trademark is designed by the following

® Is for registered trademark

™ Is for an unregistered trademark


Q6. What can be registered as a trademark in India?

Ans. A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish its goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol.


Q7. Can a domain name be registered as a trademark or service mark in India?

Ans. Not all domain names can be registered as trademarks. It must be used a source identifier for the goods and services.


Q8. What is service mark?

Ans. A brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design or some combination of these elements. A form of intellectual property protection, the mark prevents competing businesses from using names and insignias that could potentially confuse consumers.


Q9.who can apply for the trademark application in India?

Ans. Trademark registrations are widely used to protect brand or slogans or coined words that are unique to a person or entity. Trademark registration can thus be obtained by individuals or businesses or not-for-profit organizations


An individual

An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.

Proprietorship firm

In case of a proprietorship firm filing a trademark application, the full name of the Proprietor must be mentioned in the application. A business name or proprietorship name is not acceptable as the name of an individual. This is because a business name or proprietorship name is more in the nature of an alias for the actual person and proprietorship firms are not a separate legal entity.

Partnership firm

In case of a partnership firm filing for a trademark application, the names of all the partners are essentially required to be mentioned in an application filed by a partnership firm. Partnership firms are not considered as a separate legal entity and hence, the names of all Partners must be mentioned in the trademark application. If the partnership firm includes a minor in the partnership, the name of guardian representing the minor should also be mentioned.


In case of a private limited company or one person company or limited company making a trademark application, the application for registration must be made in the company name. A company being an incorporated body has its own identity other than its directors, therefore a director of the company cannot be the applicant, although the application can be signed and submitted by the Director or any Officer, authorized by the company.

Trust or society

If a trademark application is made on behalf of a Trust or Society, the name of the Managing Trustee or Chairman or Secretary representing the Trust or Society should be mentioned.


Q10. Where can an application for registration of a trademark in India be filed?

Ans. Application for registration of a trademark in India can be filed at any of the intellectual property offices located at (Chennai, Mumbai, Delhi, and Kolkata) depending upon the jurisdiction of primary place of business of the proprietor/owner.








Class 1

Chemicals used in industry, science, and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

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 arts.

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 and illuminants; candles, wicks.

Class 5

Pharmaceutical, veterinary and sanitary preparations; 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, a 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 (except for land vehicles); machine coupling and belting (except for land vehicles); agricultural implements; incubators for eggs.

Class 8

Hand tools and implements (hand operated); cutlery, forks, and spoons; side arms; razors.

Class 9

Computers, their peripherals, software, scientific, nautical, surveying, electric, weighing, measuring, photographic, cinematographic, optical, signaling, checking (supervision), life-saving and teaching apparatus and instruments; 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 and data processing equipment; 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; jewelry, precious stones; hierological and chronometric instruments.

Class 15

Musical instruments and supplies.

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; artistic materials; paint brushes; typewriters and office requisitions (except furniture); instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes); playing cards; 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 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 traveling 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; steel wool; 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 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 and 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; eggs, milk and milk products; edible oils and fats; salad dressings; preserves.

Class 30

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry, and confectionery; honey, treacle; yeast, baking-powder; salt, mustard, vinegar, sauces (except salad dressings); spices; ice.

Class 31

Agricultural, horticultural and forestry products and grains not included in other classes; living 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.






Class 35

Advertising and Business This class includes mainly services rendered by persons or organizations principally with the object of:

  • help in the working or management of a commercial undertaking or,
  • help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by ;
  • advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.


Class 36

Insurance and Financial This class include mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds.

Class 37

Construction and Repair This class include mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties.

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;

  • allow a person to talk to another,
  • transmit messages from one person to another, and
  • place a person in oral or visual communication with another (radio and television).


Class 39

Transportation 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 40

Material 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.

Class 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.

Class 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:

  • the services of engineers who undertake evaluations, estimates, research and reports in the scientific and technological fields
  • scientific research services for medical purposes

This Class does not include, in particular:

  • business research and evaluations (Cl. 35);
  • word processing and computer file management services (Cl. 35);
  • financial and fiscal evaluations (Cl. 36);
  • mining and oil extraction (Cl. 37);
  • computer (hardware) installation and repair services (Cl. 37);
  • services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);
  • medical treatment services (Cl. 44);
  • garden design (Cl. 44).


Class 43

Temporary accommodations. Services for providing food and drink;

Explanatory Note

Class 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:

  • reservation services for traveler’s accommodations, particularly through travel agencies or brokers;
  • boarding for animals.

This Class does not include, in particular:

  • rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);
  • arranging travel by tourist agencies (Cl. 39);
  • preservation services for food and drink (Cl. 40); discotheque services (Cl. 41);
  • boarding schools (Cl. 41);
  • 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 Note

Class 44 includes mainly medical care, hygienic and beauty care is 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:

  • medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples);
  • artificial insemination services;
  • pharmacy advice;
  • animal breeding;
  • services relating to the growing of plants such as gardening;
  • services relating to the floral art such as floral compositions as well as garden design.

This Class does not include, in particular:

  • vermin extermination (other than for agriculture, horticulture and forestry) (Cl. 37);
  • installation and repair services for irrigation systems (Cl. 37);
  • ambulance transport (Cl. 39);
  • animal slaughtering services and taxidermy (Cl. 40);
  • Timber felling and processing (Cl. 40);
  • animal training services (Cl. 41);
  • health clubs for physical exercise (Cl. 41);
  • scientific research services for medical purposes (Cl. 42);
  • boarding for animals (Cl. 43);
  • 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.

Explanatory Note

This Class includes, in particular:

  • investigation and surveillance services relating to the safety of persons and entities;
  • services provided to individuals in relation to social events, such as social escort services, matrimonial agencies, funeral services.

This Class does not include, in particular:

  • professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
  • services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
  • escorting of travelers (Cl. 39);
  • security transport (Cl. 39);
  • services consisting of all forms of education of persons (Cl. 41);
  • performances of singers and dancers (Cl. 41);
  • legal services (Cl. 42);
  • services provided by others to give medical, hygienic or beauty care for human beings or animals (cl. 44);
  • certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).




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