Trademark law defines 45 classes under which the service & goods of a business fall. A person before applying for a trademark has to search under which class the goods/service of the business falls.
Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). This classification is used by Indian Trademark Registry to classify the trademarks.
Why Trademark Classes?
The idea behind this system is to specify which goods or services are covered under particular class.
For example, if a company is selling laptops under the brand name of ‘Rell’, then the company can file Trademark application to register the mark “Rell” under TM class 9 only which is a relevant class to register products related to electronic goods.
It means that if another company use this mark but for some other products, say for example, pressure cooker, then that company is allowed to use the mark “Rell” because pressure cooker falls under different TM Class 21.
But there is an exception if the mark is well-known marks such as Pizza Hut. Although this mark come under only one class, which is Class 43, yet another company if wish to use the mark Pizza Hut then that company has to take prior permission of Pizza Hut mark’s owner.
Goods and Services
Further, the classification is divided into two parts broadly as goods and services, which are defined below:
Goods are products, like Laptop and pen.
Services are activities performed for the benefit of someone else, such as advertising services or Insurance.
There are 34 classes of goods and 11 classes for services. Goods come under classes commencing from 1 to 34 and Services come under class commencing 35 to 45. We provide you below the links to all 45 classes with the detailed descriptions of all the goods and services covered in these classes. This facility can be availed by the applicants to choose the right kind of class for their goods and services.
There might be times when your trademark falls under more than one type of goods, then you can file the application under more than one class.
Multi-class trademark application
Multiple-class application is an application for trademark registration in which the applicant seeks registration for more than one class.
A multi-class trademark application streamlines the registration process in a cost effective manner, moreover, It is easier to keep track of a single application than multiple applications.
But you have to be very cautious before filing a multi-class application. It is suggested that if you are cent percent sure that the proposed mark is unique and distinct, otherwise you application can be rejected altogether.
BENEFITS OF TRADEMARK REGISTRATION
It keeps your business and brand unique from those of your competitors. You’ll have the exclusive right to use your trademark as a brand name for your products or services.
Not only it protects your identity but it also contributes greatly towards the healthy advertisement of your products & services in the target market.
You can choose to position yourself as a reliable name in the market using your trademark logo or image that can convey your loyalty and affiliation.
Your customers may consider it a lifestyle or fashion statement in regard to your trademark. It stimulates further purchase.
Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of customer
FREQUENTLY ASKED QUESTION
A Trademark search is the first step in the Trademark registration procedure. A search is to be conducted in order to determine the uniqueness of the mark, and its similarity to other, pre- existing marks. It is very much advisable to conduct a Trademark search before registering or using a Trademark. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Trademark application, and a third-party challenging the Trademark application.
Trademark registry publish Trademark the mark in Trademark Journal.
Trademarks must be registered for a particular product or service. A single trademark application can be filed to register your product or service under more than one class but the fees for filing under each class increases every time in the same manner as you have filed a single application for trademark under one class.
A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc.
Yes, a foreigner or a foreign entity can apply for trademark registration in India.
No, Trademarks have to be registered in individual countries, depending on the legislation.
Basic Documents include following:
Trademark registration is valid for 10 years. Therefore, it has to be renewed after each interval of 10-year.
Copyright secures the work related literary, artistic, paintings, films, sounds etc. whereas Trademark secures a mark, word, logo of product or service.
Any person can make application to register Trademark.