Trademarks

What Will Happen When Filing Trademark Under Wrong Class?

Trademarks prevent another company from using similar marks on their products. But it is important to know about the trademark registration class list. Read on to know what it is and why it is important.

A trademark is a word, symbol or phrase that distinguishes your product from the products of others. It can be something as simple as a colour or logo but it must distinguish your product in the marketplace. Trademark protection is available for both words and symbols. Before applying for trademark registration go through the trademark registration class list.

Trademark registration serves two major purposes: 

  • It identifies the owner of a mark so that others know who owns the rights to use that mark;
  • It protects those rights by preventing others from using your mark on goods or services in competition with you.

A trademark can be used for many different things: products, services, names, slogans and logos.

How is Trademark Registration Done

Trademark registration is done through the Trademark Office. The trademark office requires that you have a filing fee and a search fee, which are paid at the time of application. You will also need to pay an annual maintenance fee, which is based on how many classes of goods or services your mark covers. 

For example, if your mark covers both clothing and jewellery products, then you would pay one annual maintenance fee for both categories. If your mark only covers clothing products, then you would pay one annual maintenance fee for just that category alone.

Trademark registration can be done in India by filing an application with the Trademark Registry of India (TRI). TRI is a government agency that registers trademarks and designs. The process involves submitting documents, paying fees, and getting your trademark approved.

Registered trademarks are protected for 10 years while unregistered ones have no protection period at all. In order to register a trademark, you need to file an application with TRI within six months from the date on which it was first used or made known to the public in India or abroad through sale or importation into India.

Documents Required for Trademark Registration 

Documents required for trademark registration in India are as follows:

  • An application form. 
  • A specimen of the mark (a drawing, photograph or model).
  • Copy of the business address.
  • You will also need to provide identity proof of the business owner, it can be a copy of the passport or adhaar card, PAN card etc. 
  • If you want to use a trade name, then you will also need to provide your company’s letterhead with details about your company. 
  • You need to provide proof that you used the selected trademark. 
  • You need to submit a duly signed Form TM48.

After applying for the trademark registration process, you will receive the application Number. It might take 2-3 working days before you receive your application number. After that, if your application is approved, you will get permission to use the trademark temporarily. 

If no one complains against your trademark for four months, you get Permanent trademark registration. This might take up to six months. You must take help in the process of trademark registration as it is an important step for your business. You can contact vakilsearch to help you and guide you through the entire process step by step. Learn more about What Documents Are Required for Trademark Renewal?

Why are Trademark Classes Important?

Trademark classes are the categories of goods and services that a trademark is used to identify.A system for classifying trademarks is provided and divided into one or more groups or classes, each containing all goods and services falling within its scope. In this way, it is possible to determine whether a particular trademark has been infringed upon in order to prosecute an infringement action against an alleged infringer.

The trademark class is the most important part of the trademark registration process. It determines what will be protected by your trademark, and how much protection it will have. The other parts of the application, such as the filing date, description and filing fees determine what you can do with your mark after you register it. If you file for a class that does not protect your mark at all or is too little to be useful to you then there is no point in filing for a registered trademark.

Trademark classes in India are divided into goods and services. Trademark classes are divided on basis of:

  1. These include goods that have a distinctive appearance or shape, such as clothing, furniture and jewellery. 
  2. These include foodstuffs, beverages and medicines. 
  3. These include services like counselling, computer software development etc.

In India, there are 45 trademark classes that are divided and grouped according to their usage, origin, appearance, value etc. Out of these 45 classes, most are for goods and others are for service-based businesses. If you want to select a trademark and go for the registration process you need to check the trademark registration class list. Vakilsearch can help you with the process. You can contact them to solve your queries and get help with the trademark registration process.

What Will Happen if You File Your Trademark Under the Wrong Class?

Trademark registration is an important step for a start-up. This step needs to be done with utmost care as minor errors can lead to big problems later on. It would be smart to consult a legal agency, like Vakilsearch, for this process. If you are not well aware of the rules and regulations related to trademark registration in your country, it might get you into legal trouble. If you file your trademark application under the wrong class, your application will get rejected and you might even get sued. There are different kinds of rules related to trademarks in different countries. The applicant will not be allowed to use the trademark anymore if filed under the wrong class. Always remember to go through the trademark registration class list. 

Conclusion 

Trademark registration is the process of registering a trademark and ensuring that it is protected. The Trademark Office will provide you with an official certificate stating that your mark has been registered as a trademark. 

You can then use this certification to prevent others from using your mark in connection with goods or services on which they intend to compete with you. To complete the registration process successfully it’s important to register your trademark under the right class. 

To ensure that you register your trademark under the right class and follow the rules, contact vakilsearch. There is a trademark registration class list that helps with the process. Their experts will gather all the information and documents required. 

Read more,

0

Back to top button

Adblocker

Remove Adblocker Extension