A trademark is a valuable commodity these days, but there’s a lot more to it than choosing a logo. To register a trademark classes, one first needs to understand the different classes under which they must be registered.
A trademark is a type of intellectual property right that provides holders exclusive rights over a logo, name, or design. Hence, trademark registration is crucial to building a brand name for your business. This article will take a look at the different types of trademark classes, and the benefits of registering the trademark.
Trademark registration is an integral part of brand building for any business. Registering a mark in a particular trademark class provides several benefits to the recipient. Not only does doing so give you exclusive rights to the mark, but it also makes it easier for businesses to grow their brand.
Hence, having a good understanding of trademark search and picking the right one is crucial to any businesses. Nowadays, most business owners rely on third-party service providers to go through the trademark classes list and file applications for them. But what trademark advantages are crucial to businesses, and how do classes of trademark work? In this article, we will take a look at the different classes of trademark, and how the process of trademark registration works.
What Is a Trademark?
Essentially, a trademark is any design, expression, or sign that helps customers identify products and services. A trademark registration reserves its owner exclusive rights over a name, logo, colour combination, or mark that helps differentiate a particular product or service from its competitors. Hence, the process of trademark registration is crucial to the success of a business as it helps with marketing and branding. If a business does not have a legal trademark, then other companies may misuse its name or logo leading to complications. However, a registered trademark helps in protecting the name, logo, or brand of a company from such misuse.
What Are the Different Types of Trademarks and Trademark Classes?
- Service Trademarks: Trademarks related to business services, which help in protecting companies that work in the service sector. Mostly used by owners of hotels, healthcare shops, transporters, couriers and retailers to protect their brand name. Such trademark classes do not apply to goods and products.
- Collective Trademark: Trademarks are obtained by a group of people called a collective. This type of trademark allows several companies to receive protection collectively and to make the public aware of various features of their product.
- Certification Trademark: These trademarks help in defining the standard of a particular item or product. It ensures consumers that a particular product has undergone the required testing and guarantees quality. Most used by electronics companies to ascertain the quality of their products.
- Unconditional Trademark- Trademarks that are distinctive from others and receive the recognition due to such a distinctive feature. It is mainly of the following types:
- Design trademark used as a logo, such as the Nike swoosh
- Sound trademark for a unique sound, such as musical notes or guitar tones
- Colour trademark for a colour that serves as the distinctive feature of a trader
- Smell trademark used to protect various perfumes and deodorants
What Are Trademark Classes?
Classes of trademark differ according to the nature of the product or service for which the applicant wishes to register a mark. According to the Trademark Act, there are 45 different trademark classes in India. These classes help applicants avoid trademark objections in the future and allow for the smooth and streamlined registration of the mark. Out of the 45 different classes of trademark available, 34 are product classes and the remaining 11 help with the registration of service marks.
Applicants may file for a trademark either under one class or under several classes that apply to their product or service. In case they opt to file under one specific trademark class, they will have to submit Form TM-1. However, while filing for a collective trademark, applicants must submit Form TM-A.
| Trademark Class | Goods And Services |
| Trademark Class 1 | Chemicals |
| Trademark Class 2 | Paints |
| Trademark Class 3 | Cosmetics and Cleaning Solutions |
| Trademark Class 4 | Lubricants and Fuels |
| Trademark Class 5 | Pharmaceuticals |
| Trademark Class 6 | Metal Goods |
| Trademark Class 7 | Machinery |
| Trademark Class 8 | Hand Tools |
| Trademark Class 9 | Electrical Apparatus |
| Trademark Class 10 | Medical Apparatus |
| Trademark Class 11 | Environmental Control Apparatus |
| Trademark Class 12 | Vehicles |
| Trademark Class 13 | Firearms |
| Trademark Class 14 | Jewelry |
| Trademark Class 15 | Music Instruments |
| Trademark Class 16 | Paper Goods |
| Trademark Class 17 | Rubber Goods |
| Trademark Class 18 | Leather Goods |
| Trademark Class 19 | Non-Metallic Building Materials |
| Trademark Class 20 | Furniture and Other Unclassified Articles |
| Trademark Class 21 | Housewares and Glass Objects |
| Trademark Class 22 | Cordage and Fibres |
| Trademark Class 23 | Yarns and Threads |
| Trademark Class 24 | Fabrics |
| Trademark Class 25 | Clothing |
| Trademark Class 26 | Fancy Goods |
| Trademark Class 27 | Floor Coverings |
| Trademark Class 28 | Toys and Sports Goods |
| Trademark Class 29 | Meat and Processed Food |
| Trademark Class 30 | Staple Foods |
| Trademark Class 31 | Natural Agricultural Foods |
| Trademark Class 32 | Light Beverages |
| Trademark Class 33 | Wine and Spirits |
| Trademark Class 34 | Smoking Articles |
| Trademark Class 35 | Advertising and Business |
| Trademark Class 36 | Insurance and Financial |
| Trademark Class 37 | Building, Construction and Repair |
| Trademark Class 38 | Telecommunication |
| Trademark Class 39 | Transportation and Storage |
| Trademark Class 40 | Treatment of Materials |
| Trademark Class 41 | Education and Entertainment |
| Trademark Class 42 | Legal, Scientific and Computer Services |
| Trademark Class 43 | Hotels and Restaurants |
Trademark Advantages in India
Trademark registration provides applicants with various benefits and serves as an integral brand-building tool. Here is a quick look at the trademark classes advantages that registration provides business owners.
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- Helps in protecting a business’s logo or name from misuse and misrepresentation
- Enables companies to freely market and promote their business
- Provides the business owner legal rights over their mark
- Helps in the creation of intellectual property, which serves as an intangible asset
- Enables businesses to create goodwill and improve their credibility
- Allows business owners to file a civil or criminal case in case of third-party infringement
- Makes it easier to expand to new markets and segments
What to Know Before Selecting Trademarks
Here is a quick look at the things business owners need to keep in mind before selecting a trademark for their business.
- Trademarks must be memorable, simple and clear in order to create maximum impact in the minds of consumers. Hence, always go for short and succinct words and names rather than complicated words that are difficult to spell and remember.
- Make sure you think of unique and genuine names for your business to avoid infringement of others marks. Never copy a name or logo from a more successful business as this can lead to legal issues.
- Avoid filing trademarks on proper nouns and geographical names as no one can have a monopoly on such commonly used words.
- A trademark application may be filed for any of the following items;
- A letter, number or symbol and any combination of these
- Sound marks
- Fancy symbol or word conjured by the business owner
- Three-dimensional signs or symbols
- Logos and graphic designs
- Monograms
- Different colours and colour combinations
- Unlike patents, trademarks do not have a period of existence. While they are issued for ten years, the applicant may apply to renew the trademark classes resulting in the extension of protection. Since this process can be done indefinitely, trademarks will not expire until the applicant fails to renew their trademark.
- The applicant whose name is a part of the trademark registration: https://ipindia.gov.in form will be the owner of the trademark once it is registered. The applicant may be an individual, a company or a limited liability partnership.
- Before applying for registration, individuals must run a trademark class search to ensure their mark is unique. Legal service providers, such as Vakilsearch can help businesses run a comprehensive search to ensure they are filing the registration under the appropriate trademark class.
- The documents required to file a trademark registration application are as follows;
- Business incorporation certificate
- ID and address proof of the company’s directors
- Soft copy of the trademark.
- Power of attorney, if required
- Duly filled Spice form
FAQs:
1. Can one trademark application cover multiple classes?
Yes, a single trademark application can cover multiple classes of goods or services. This is useful when a business offers a variety of products or services across different categories. Each class will require a separate filing fee, and the application should specify the goods or services in each class.
2. How often are trademark classes updated or revised?
Trademark classes are periodically reviewed and updated by trademark authorities to reflect changes in industries and technologies. These updates help ensure that new goods and services are appropriately categorized. The frequency of updates can vary from country to country.
3. If I have a registered trademark in one class, can someone else register a similar trademark in a different class?
Yes, someone else can potentially register a similar trademark in a different class if there is no likelihood of confusion between the marks in their respective classes. Trademark protection is specific to the class of goods or services, hence if there is no conflict, registrations can coexist.
4. If my business evolves, can I shift or add my trademark to a different class?
If your business expands into new goods or services that fall under a different class, you can apply to register your existing trademark in the additional class. This allows you to protect your brand in the new areas of business.
5. Can I challenge a trademark registration if I believe it's in the wrong class?
If you believe that a trademark has been registered in the wrong class, you may be able to challenge it through legal means, such as filing an opposition or cancellation proceeding. It's essential to consult with a trademark attorney to understand the specific procedures and requirements.
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