India trademark classification system is based on the NICE classification system (1-34 for products and 35-45 services).
Please read more about NICE classification system here.
If you would like to get an idea of how goods and services are classified, have a look at general class headings.
Though India is a “first-to-use basis” country, we do not recommend that you use an unregistered trademark in India since it may be stolen by a competitor and registered as “his” or “hers”. We recommend filing in India as soon as you have determined that this jurisdiction is important to your business.
To file a trademark application in India, we will need a few things from you:
Trademark right is a territorial right. trademark protection is necessary to avoid infringement attack and protect your brand name, if your business is ever related to India market, say, exporting to India, OEM business using Indian manufacturer, Outsourced work to India, KPO, BPO, LPO, Captive Centers or any research and are planning to launch the products/services to Indian market in future.
Also trademark registration is required to list your product/service online at different platforms like Amazon, Flipkart, Ajio, Snapdeal, YouTube etc. Registration provides the trademark owner with a right to sue for damages when infringements of trademarks occur.
An Indian trademark will allow you to get into Brand Registry.
Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing.
In the US, you must renew your trademark every 10 years. The 10 year term is counted from the registration date. In addition, between the 5th and 6th year after the registration date, you must file an “affidavit of use” to keep the registration alive.
In European Union, Germany, the United Kingdom, India and Australia, you have to renew your trademark every 10 years. The 10 year term counts from the application date.
In China, trademarks have to be renewed every 10 years. The renewal period is counted from the date of registration.
In Canada, a trademark has to be renewed every 10 years (the renewal period was changed from 15 to 10 years in June of 2019). The 10 year term counts from the registration date.
Trademark Angel is a trademark registration firm with over 23 years of experience. We handle Canadian, US and International trademark requests.
