A trademark class is a category or classification system used by the Trademark Registry to organize and categorize goods and services for the purpose of trademark registration. The Trademark Registry has established 45 classes, each of which encompasses a specific set of goods or services

1. Similarity to Existing Trademarks:

   • If your trademark is too similar to an existing registered trademark, it may face rejection to avoid confusion in the marketplace.

2. Hurtful or Offensive Content:

   • Trademarks that contain content deemed offensive, discriminatory, or hurtful may be rejected.

3. Geographical Names:

   • Usage of geographical names in a way that may mislead consumers or cause confusion can lead to rejection.

4. Common or Generic Words:

   • Trademarks consisting of common or generic words that do not distinctly identify the source of goods/services may be rejected.

5. Likelihood of Confusion:

   • If there’s a likelihood that consumers may confuse your trademark with an existing one, the application may be rejected.

6. Violating Religious Sentiments:

   • Trademarks that are likely to hurt religious sentiments or are considered disrespectful may face rejection.

7. Descriptive Marks:

   • Marks that merely describe the goods or services they represent without any distinctiveness may be rejected.

8. Functional Marks:

   • Trademarks that serve a purely functional purpose and do not distinguish the goods or services may be rejected.

9. Generic Terms:

   • Usage of generic terms that describe the category of goods or services without any distinctive features may lead to rejection.

10. Deceptive Marks:

    • Marks that are deceptive, misleading, or likely to create a false impression may be rejected.

You can use the ™ symbol as soon as you file a trademark application and receive an acknowledgment from the relevant authorities. This indicates that you are claiming rights to the trademark even while the application is under review. It serves as a notice to the public that you are using the mark and asserting ownership.

1. Conduct a Trademark Search:

   • Check if your desired trademark is already registered or too similar to existing ones. This helps avoid conflicts later.

2. Choose the Type of Trademark:

   • Identify the most relevant type (product, service, etc.) for your brand.

3. File an Application:

   • Submit the application form along with the required fees and necessary documents to the Trade Marks Registry.

4. Examination and Publication:

   • The Trademark Registry examines the application for potential conflicts and publishes it in the Trade Marks Journal.

5. Opposition Window:

   • A window is provided for anyone to file an opposition if they believe the trademark infringes on their rights.

6. Registration or Hearing:

   • If no opposition is filed or if it is successfully resolved, the trademark is registered, and a certificate is issued.

1. Type of Applicant:

   • Individuals, startups, and MSMEs benefit from a lower fee of ₹4,500 per class per application.
   • For other entities, the fee is ₹9,000 per class per application.

2. Number of Classes:

   • Trademarks can apply to specific product or service categories (classes). Registering in more classes increases the overall cost.

3. Professional Fees:

   • If you choose to hire a trademark attorney to assist with the registration process, there will be additional professional fees.