To safeguard the integrity of the marketplace and protect consumers, the Trade Marks Act, 1999 imposes specific restrictions under Sections 40 and 41, read with Rule 83 of the Trade Marks Rules.
When an application for trademark registration is opposed under Section 21 of the Trade Marks Act, 1999, the Applicant must file a Counter-Statement to defend their rights and keep the application alive.
Instead, the application is subjected to substantive examination by the Trade Marks Registry under the Trade Marks Act, 1999 and Trade Marks Rules, 2017 (as amended up to 2024).
Once filed, every application undergoes scrutiny by the Trade Marks Registry to ensure compliance with the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.
Under Section 2(1)(zb) of the Trade Marks Act, 1999: A "trademark" means a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others.
India follows the NICE Classification system, which categorizes goods and services into 45 trademark classes: Class 1–34: Goods Class 35–45: Services “Legal Note: As per the Trade Marks Act, 1999, trademarks are registered per class.