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Sumit Associates / Trademarks

20 — Trademarks · Filed. Registered. Defended.

Register the mark that carries your reputation.

A trademark is a name, logo, sound, or other sign that distinguishes one trader's goods or services from another's. Trademarks are examined by the Trade Marks Registry under the Trade Marks Act, 1999, and classified using the Nice Classification's 45 classes — 1 to 34 for goods, 35 to 45 for services.

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® 1 DISTINCTIVE MARK 2 CLASS OF GOODS

FIG. 3 — Registrable mark & class of goods

Governing LawTrade Marks Act, 1999 & Rules, 2017
Administered ByCGPDTM — Trade Marks Registry
Term of Protection10 years, renewable indefinitely
Filing ModeOnline e-filing available

What Qualifies

Distinctive, and not deceptively similar to an existing mark

A registrable mark must be capable of distinguishing one trader's goods or services from another's, and must not be identical or deceptively similar to a mark already on the register in the same or a related class.

Marks that are purely descriptive of the goods, generic, or likely to deceive the public are refused registration, though acquired distinctiveness through use can sometimes overcome a descriptiveness objection.

Before You File

  • A public search — wordmark, phonetic, and Vienna Code (for logos) — checks for conflicting marks before filing
  • Select every class relevant to current and reasonably foreseeable use; a single class rarely covers a growing business
  • Decide whether the mark is already in use (with a first-use date) or 'proposed to be used'

How a Trademark Proceeds

From search to registration and renewal

1

Search

A wordmark, phonetic and Vienna Code search across existing and pending marks in the relevant classes.

2

Filing

Form TM-A is filed with the mark, applicant details, class and goods/services description.

3

Examination

The Registry issues an Examination Report; objections are answered within the prescribed period, by affidavit or hearing.

4

Publication

An accepted mark is advertised in the Trade Marks Journal for a statutory opposition window.

5

Registration & Renewal

If unopposed, the mark is registered for 10 years from filing, renewable indefinitely in further 10-year terms.

Frequently Asked

Before you write in

§1

Do I need to register in every class my brand touches?

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Only classes covering your actual or planned goods and services are protected — registering broadly beyond that adds cost without adding enforceable rights.
§2

What if someone opposes my application?

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Opposition proceedings run on a fixed timetable of counter-statements and evidence; we handle the filing and argument on your behalf.
§3

Does an unregistered mark have any protection?

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A trader with prior, genuine use can sometimes bring a passing-off action even without registration, but registration makes enforcement significantly more straightforward.
§4

Can I register a sound, colour, or shape mark?

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Yes, non-conventional marks are registrable in principle, though the evidentiary bar for distinctiveness is higher than for a word or logo mark.
Practice Patents · Trademarks · Copyright · Designs · GI · SICLDR Response within 1–2 business days Confidentiality NDA on request

Submit an enquiry

Tell us the mark, the classes you think apply, and whether it's already in use — we'll confirm the right classes and run a search.

Emailinfo@sumitassociates.com
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