What kinds of Trademark Applications are acceptable in India?

Trademarks are a company’s intangible asset that aid in helping customers recognizes the goods and services of a particular business. Selecting the proper class for registration is necessary when submitting an application for a trademark. Knowing the different trademark applications that are filed in India can help you choose a trademark that is more appropriate for your business.

Let’s throw some light on the various types of Trademark applications being filed in India.

Single Trademark Application:

The application is referred to as a single trademark application when it is submitted using Form TM-A for a single class of goods and services. Under this process, the applicant has to pay the specified cost of Rs. 5000 for manual submission and Rs. 4500 for electronic submission. It is extremely simple and easier to obtain a trademark under one particular class.

Multiclass Trademark Application:

A multiclass trademark application is one in which the applicant seeks to register a single trademark under several classes. To submit a multiclass application, the applicant must complete Form TM-A.  This form of submission requires less documentation as only one application is filed for multiple classes. Markedly, for each class, the applicant has to pay a filing fee as mentioned above.  Moreover, if the registry discovers a problem in any of the classes, there is a potential that the entire application process could be put on hold. For instance, even if the trademark qualifies for registration under other classes, the entire application will be refused if the opposition of any third party regarding one class is genuine. Therefore, it is always recommended to file separate applications.

Priority Trademark Application:

Citizens of convention nations may file their trademark applications under Section 154 of the Trademark Act. One may file in India within six months of submitting an application to one of the convention nations. In these situations, the trademark registration must be completed as of the day the application was submitted in the convention country. To submit an application for both a single class and numerous classes in a priority trademark application, one must complete Form TM-A.

For those looking for trademark protection across multiple countries, this application is extremely advantageous. It simplifies the tiresome process of simultaneously filing trademark applications in numerous nations. Additionally, it gives the applicant a generous six months to select the nation in which he/she wants to apply for trademark registration

Series Application:

As the name implies, this form of application makes it easier for the applicant to submit several trademarks through Form TM-A. It is perfect for the marks that are similar to one another or are harder to tell apart. Moreover, the marks must be associated with the same Nice categorization of goods or services. Furthermore, if many marks have the same Nice classification but a different description, one cannot register them through a series application. The mark’s tangible characteristics must be comparable. However, non-distinctive features like colour, size, quantity, etc., can change. To illustrate, a well-known series trademark is the “Mc” in McDonald’s. They named the items in their food chain such McPuff, McChicken, McNuggets, etc.

Collective Trademark Application:

Organizations that require their members to identify themselves with a specific degree of precision, source, caliber, or adhere to further rules established by the association might register collective trademarks. Any group wishing to submit a collective trademark application needs to submit three copies of Form TM-A with the trademark registry. The form will include data pertaining to members’ contact information, the list of people allowed to use the mark, the requirements for membership, etc.

Certification Trademark Application:

This unique kind of trademark application denotes that a good or service satisfies a certain requirement. A product or service that carries a certification trademark indicates that it is produced of a particular material, underwent a specific manufacturing process, is from a given country and satisfies the certification mark’s quality standards. To exemplify, in India, well-known certification labels include ISI, Organic India, and Woolmark. One needs to submit this application through Form TM-A.

To recapitulate, applicants should select a trademark application that meets their demands. While registering a trademark under a particular class, one must also take in mind the company’s long-term goals.

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