TRADEMARK
REGISTRATION
Ministry of Industry, Department of Industrial
Development
Controller General of Patents,
Designs and Trade Marks
Trade Marks Registry
Bombay, New Delhi, Chennai, Calcutta and Ahmedabad
FORM TM-1
Application for Registration of a trade mark
(Section 18(1), Rule 25)
SCHEDULE IV
Total classes: 42. (1-34 goods and 35-42 services) (Some Illustrations)
Class 25: Clothing including boots, shoes and slippers.
Class 29: Meat, fish poultry and game, meat extracts, preserved, dried
and cooked fruits and vegetables; jellies, jams, eggs; milk and other
dairy products; edible oils and fats; preserves, pickles.
Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes;
flour and preparations made from cereals; bread, biscuits, cakes, pastry
and confectionery; honey, treacle; yeast, baking-powder, salt, mustard;
pepper, vinegar, sauces, spices; ice.
Class 31: Agricultural, horticultural and forestry products and grains
not included in other classes, living animals, fresh fruits and vegetables;
seeds; live plants and flowers; foodstuffs for animals; malt.
Cond
Services
35. Advertising, business management, business administration,
office functions
36. Insurance, financial affairs, monetary affairs, real estate affairs
37. Building construction; repair; installation services
38. Telecommunications
39. Transport; packaging and storage o goods; travel arrangement
40. Treatment of materials
41. Education; providing training; entertainment; sporting and
cultural activities
42. Providing food and drink, temporary accommodation; medical,
hygienic and beaty care; veterinary and agriculture services, legal
services, scientific and industrial research, computer programming;
servives that cannot be classified in other classes.
Geographical name
Surname
(Distinctiveness to be established)
Cases
Elora clocks as opposed to Ellora time pieces
Pearl and Pearle appliances
Surya as opposed to Suryan trademark for soaps
Ponas as opposed to Ponds
Fieldmarshal Diesel pumps as opposed to
Sonamarshal Diesel pumps
Amritdhara and Lakshmandhara were the two
medicine.
Peacock brand plastic wares and opposed to Mayur
plastic wares
Cases
Amritdhara and Lakshmandhara were the two
medicine.
Peacock brand plastic wares and opposed to Mayur
plastic wares
Surya with a half rising sun and Bhaskar with a
full rising sun for tube lights
Robin with a device of a bird sitting on a twig; Bul
Bul with two birds-one partially hiding the other
for blue
Cases
MERCEDES BENZ" cars with the symbol of a
'THREE POINTED STAR'. VIP Benz vests with a
star symbol.
Rediff v/s Radiff
Yahoo v/s YahooIndia
"www.jrdtata.com", "www.ratantata.com",
"www.tatahoneywell.com",
"www.tatayodogawa.com",
"www.tataeleservices.com", "www.tatassl.com",
"www.tatapowerco.com", "www.tatahydro.com",
"www.tatawestside.com",
class of purchasers
trade channels
Cond
PROBLEMS IN REGISTRATION
OF FOREIGN TRADEMARKS
WHIRLPOOL CASE
The Delhi High Court (1994) thus framed the
question:
"If plaintiff was not having any sale in India but
was having sales in the trade mark WHIRLPOOL in
other countries/geographic regions of the world,
can the plaintiffs have the benefit of 'trans-border
reputation' so as to maintain passing off action in
India or should their goodwill/reputation be
treated confined to territories in which they have
proved actual user of the trade mark in the
market?"
And answered:
Cond
And answered:
Whirlpool associated with the plaintiff No. 1 was
gaining reputation throughout the world. The
reputation was traveling tran-border to India as
well through commercial publicity made in
magazine which are available in or brought in
India. These magazines do have a circulation in
the higher and upper middle strata of Indian
society. The plaintiff no. 1 can bank upon transborder reputation of its product washing
machine for the purpose of maintaining passing
off action.
Inclusion of services
Classes of goods extended to 42
international categories
Registration extended to 10 years
Special protection to "well known
trade name"
protection across goods if the
brand name is reputed