Trademark Registration in Rajkot, Gujarat

If your mark is registered in the relevant class (typically Class 7 or 12), you can send an infringement notice, apply to court for an interim injunction to stop further sales, and seek damages or an account of profits. We prepare the notice and work with your advocate if the matter goes to court.

Class 7 covers engines and motors (other than for land vehicles), pumps, machine tools and machines generally. Parts specifically for land vehicles fall in Class 12, and hand-operated tools fall in Class 8 — many Rajkot manufacturers file in more than one of these to cover their full range.

Shapes can be registered, but Section 9(3) refuses a shape that results from the nature of the goods, is necessary to obtain a technical result, or gives the goods substantial value. Most pump bodies and engine parts are shaped by what they do, so they usually fail that test. The brand name, the logo and a distinctive label or packaging are far stronger things to register. A new appearance for a product may instead be protected as a registered design under the Designs Act.

Imitation jewellery is in Class 14, the same class as precious jewellery. Non-electric kitchen utensils and containers, such as steel vessels and cookware, are in Class 21, while cutlery such as knives, forks and spoons is in Class 8, and electric kitchen machines such as mixers are in Class 7. A mark registered only in Class 21 does not cover cutlery sold under the same name, so check where each product sits before filing.

No. Applying a false trade mark to goods, and selling goods that carry one, are offences under Sections 103 and 104 of the Trade Marks Act. A police officer not below the rank of Deputy Superintendent can search and seize without a warrant, but under Section 115(4) must first obtain the Registrar's opinion on the facts. A registration certificate makes both the criminal complaint and a civil suit for infringement much easier to pursue.

Under the First Schedule of the Trade Marks Rules, 2017, the official e-filing fee is ₹4,500 per class for an individual, a DPIIT-recognised startup or a small enterprise, and ₹9,000 per class for any other applicant. Rule 2(1)(v) defines a small enterprise by the investment limit for a medium enterprise under the MSMED Act, 2006, so a company, LLP or firm can qualify on the strength of its Udyam certificate. Filing on paper costs ₹5,000 and ₹10,000 per class respectively. This is a per-class fee — three classes means three times the fee.

A trademark registration is valid for 10 years from the date of filing, and can be renewed indefinitely in further 10-year terms by filing Form TM-R.

A trademark registered with IP India is protected across the whole of India the moment it's granted — there's no separate state-level registration. Being Gujarat-based only affects which Registry office typically handles your filing (Ahmedabad falls under the Trademark Registry's jurisdiction), not the geographic scope of protection.