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N/A (N/A)     23 June 2012

How to register service mark in india?

 

Hi,

I’m looking to register a service mark in India. Could someone kindly help in the following regard:

 

  • What is the complete process of registering one? 
  • Do I compulsorily have to hire an agent or I can do my own?
  • How should I hire an agent? How can I confirm his authenticity? 
  • What kind of charges should I expect to pay an agent for this job?
  • How long it would take for a service mark to be completely registered?

Thank you so much. I look forward to some prompt and helpful response soon.



Learning

 4 Replies

Sanyam Malhotra (Advocate)     24 June 2012

it is a 3 step process. first is the search then drafting the application and lastly registration. the registration could take upto 2 years

Nagaraja B S (Corporate Commercial & IP Lawyer)     24 June 2012

 

Mr. / Ms. X,


Rates can be dislosed outside this forum. Please send me email, we can help you for Service mark registration.

 

Regards,

Nagaraj

Corporate & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 9902007635


(Guest)

Goods and Services are classified under various classes. Under the old trademark law, Only 34 classes for goods were available. Under the Act of 99, 11 more classes have been created for protection of service marks, i.e. classes 35 to 45. The services under these classes are classified as follows:

Class 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:

Telecommunications.

Class 39:

Transport; packaging & storage of goods; travel arrangement

Class 40:

Treatment of materials

Class 41:

Education; providing of training; entertainment; sporting & cultural activities

Class 42:

Scientific & technological services, research & design; industrial analysis & research services; design & development of computer hardware & software; legal services. Services for providing food & drink; temporary accommodation. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.

These are general classes. Each class has hundreds of entries for services falling under a class. Thus, for instance, Compilation of information into computer databases is a service falling in class 35 but a service for providing financial information is a service falling in class 36. Again, a service providing Installation, maintenance and repair of Computer hardware falls in class 37 but Installation and Maintenance of Computer software falls in class 42. Class 43 covers hotel and restaurant services. Medical clinics and Beauty parlors fall in class 44 and horoscope casting in class 45.

  • Registration serves as notice of your claim of ownership.
  • Registration helps support your claim of ownership if you need to go to court.
  • You can use trademark registration to help you obtain registration in other countries.

Here is the process for registering a trademark:

  1. Search the Trademark Records
    Before you register a trademark or service mark, check to see if someone else is already using it, with the Trademark Electronic Search System (TESS)
  2. File Online
    If you determine that no one else is using the trademark, you can file your application online using the Trademark Electronic Application System (TEAS).
  3. Pay the Registration Fee
    The registration fee is fixed for each classification of product or service in which you are registering.
  4. Include a Specimen
    A specimen (example of your trademark in use) must be included with your registration. For example, you might include an advertisement or a label using the logo you want to trademark.
  5. Wait for a Response from the TM Registry
    When the Trademark Registration Office receives your registration, they do a search to make sure it is not being used, and they review the trademark to see if it fits within their guidelines. Some reasons why a trademark might not be approved are:
    • It includes immoral, deceptive, or scandalous matter
    • It disparages or falsely portrays a person, institution, belief, or national symbol.
    • It uses the flag
    • It includes the name of a living person or identifies that person without consent
    • It resembles another mark already registered
    • It is merely descripttive or deceptively descripttive
    • It is primarily a surname
    • It is merely functional.
1 Like

subramanian (consultant)     16 August 2012

The trade marks registry is located in delhi,mumbai, kolkatta, chennai and ahmedabad.Depending on your residence you can file the application It takes about 2 years to get the report on the application.You need not appoint any agent.You can cantact the public relation officer of the nearest trade marks registry for guidance.

T.R.Subramanian


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