All marks, such as a word, label, device, numerical or color combinations, represented graphically to denote a particular service or goods that you deal with, can be registered as a trademark in India.
Trademarks are divided into 45 classes and the goods and services are segregated into these classes. When a trademark registration is done for a particular business (goods or services), the issued mark finds its way into that registry. Thus, while applying for a trademark, it is essential to mention the class under which the mark is registered.
Any company or individual, company, even an NGO, can apply for trademark registration in India, after a valid trademark search. The mark to be registered should be original and unique, and not a copy of an already present mark or those which are under validation for registration. Even foreign nationals or foreign entities are eligible for trademark registrations in India.
The jurisdiction for filing a trademark application is called the ‘appropriate office’. There are five offices of the Trade Marks Registry with each having jurisdiction over certain states.
Trade Marks Registry, Mumbai (Head Office)
Jurisdiction: State of Maharashtra, Madhya Pradesh and Goa
Trade Marks Registry, Delhi
Jurisdiction: The states of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and Chandigarh
Trade Marks Registry, Kolkata
Jurisdiction: The states of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island
Trade Marks Registry, Ahmedabad
Jurisdiction: The states of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli
Trade Marks Registry, Chennai
Jurisdiction: The states of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island
The appropriate office for filing an application for a particular business is ideally the Trademark Registry within whose boundaries the business takes place.