Advo e-Works

  When filing for trademark registration in India , one of the most important documents you may need is the Trademark User Affidavit , also called the Trademark Statement of Use . This affidavit serves as proof that you have already been using your trademark in business before applying for registration. What Is a Trademark User Affidavit? A Trademark User Affidavit is a sworn declaration confirming that your trademark is already in commercial use for certain goods or services. It is submitted along with Form TM-A when applying for trademark registration in India. By filing this affidavit, you establish prior use of your trademark , giving you priority rights over later applicants with similar marks. Under the Trademark Rules, 2017 , filing a user affidavit is mandatory when claiming prior use. Why Is It Important? Claiming prior use strengthens your trademark application and helps protect your rights. If another party later applies for a similar mark, your affidavit and s...

 Complete Guide to Trademark Classes in India (Goods & Services) When applying for trademark registration in India, one of the most crucial steps is selecting the correct trademark class. Every application must specify the class of goods or services for which protection is sought. India follows the Nice Classification system, adopted worldwide, which is divided into 45 trademark classes: • Classes 1 to 34 cover goods • Classes 35 to 45 cover services This classification is laid out in the Fourth Schedule of the Trade Marks Rules, and understanding it is essential to avoid rejection and ensure your brand is legally protected in the right industry. In this guide, we break down all the trademark classes for goods and services in India and provide tips on choosing the right class for your business. Trademark Classes for Goods (Class 1–34) These classes cover physical products manufactured, sold, or distributed by businesses. • Class 1 – Chemicals for industry, science, agric...

  Why Your Brand Needs a Trademark: A Guide to Registration and the Risks of Not Having One In the bustling world of business, your brand is more than just a name or a logo. It's the unique identity that customers associate with your products or services, representing your reputation, quality, and goodwill. A trademark is the legal tool that protects this invaluable asset, and while many businesses operate without one, the risks involved can be severe. This blog post will walk you through the importance of trademark registration and the significant negative consequences of leaving your brand unprotected. What is a Trademark? At its core, a trademark is a visual symbol—a word, name, logo, slogan, or a combination of these—that distinguishes your goods or services from those of your competitors. Think of the swoosh for Nike, the golden arches for McDonald's, or the signature "Just Do It" slogan. These are all registered trademarks that immediately bring a brand to mind...

Franchising has emerged as a popular and effective business model in India, offering entrepreneurs the opportunity to expand their brands while allowing others to operate under a proven system. This model has gained significant traction due to India's large and diverse market, making it a fertile ground for both domestic and international franchise opportunities. However, navigating the franchise laws in India requires careful consideration of applicable statutes, legal compliance, and best practices in drafting franchise agreements. This article provides an in-depth look at franchising in India, along with important considerations for both franchisors and franchisees. 1) Understanding Franchising in India Franchising in India is a method of expanding a business by granting another party (the franchisee) the rights to operate under the franchisor's brand name and system. The franchisee typically pays an initial fee and ongoing royalties in exchange for the right to use the bran...

Q: What is a trademark? A: A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.  The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity o...

  THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002 Classification of goods and services – Name of the classes (Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes). GOODS:- Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry Class 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists Class 3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, c...