Kapdawala (Manager) 11 December 2013

Registering a trademark

Hi,

I am looking to start up a business in the education sector. I will be creating educational material like workbooks, board games etc. As part of the material we might also be required to provide teacher training.

I want to understand, under what class/es must I file the trademark. I have done research and found the following appropriate

16 - paper and cardboard based products, instructional material

28 - games

41 - educational services

Would I need to file under all three categories. Can I file under 41 (service) and sell books.

Also my business would be a sole proprietership. In such an event when I sell a book out of the state would CST be applicable and in the state VAT. What about services? When a service is offered in the state v/s out of the state.

Also is there a different taxation rate for products and different taxation rate for services.

Thanks

Kapil

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2 Replies

Santosh Kumar Tiwari (advocate) 16 December 2013

Dear Kapdawala,

It is very nice idea to start a business with sufficient knowledge. Let me help to understand some point:-

Class 16 suiting to your business as it says about the goods which are printed material of the books. it includes instructional and teaching materials also.

Once you are interested to make and sell board games it is good to register the trademark in class 28.

Your services in education needs to be registration under services classification of Class 41.

Moreover it is the better idea to apply for the trademark in more than one category as it will create the value of your trademark in various area which are today not directly related to you but it and avoid future encroachment and litigation. To understand this let us take an example -

VIP is a trademark for the suitcase and carrying bag, but it is interesting to say that VIP is also trade mark for Frenchies and toothbrush. This creates a confusion in customer by saying the word VIP that, for which goods it is said for or in which sense it is used.

Trade mark litigation is very costly affair so take care of your plan and business idea and always take the help of Intellectual Property Lawyer for proper guidance before any trouble.

Thanks

Santosh Kumar Tiwari