Want to get a trademark registered but have doubts about it? Wondering how to choose the right trademark class? Read on to know everything about the process.
Right Trademark classes are divided into 45 different classes. 34 are for manufacturing products, and the rest 11 are for the services. Trademark classes are divided into different categories according to The Nice Classification (NCL). It is an international system that applies and works in India as well. Now, the task is to choose the right trademark class so that the process of getting a trademark registered becomes smooth for you.
What Is the Main Function of Registered Trademark?
An important function of a registered trademark is that a purchaser knows your product and has trust in the brand. Here are the reasons how:
- Help a customer identify the quality of goods/services
- Identify and know about the source of manufacturing
- Are aware of the trade hands through which they reach the market and then into their hands
And, the trademark is an important part of your business in many ways. How? Read below.
The Importance of Trademark Classes
Following are the steps that will help you choose the right trademark class:
- Explore the nice classification system
Read the whole nice classification list of trademark classes and choose the class carefully. First decide whether yours is a product or service. Next, read the class descriptions and find out which one is perfect for your business.
- Classification of your invention
If your product is an invention or unique, your choice of class becomes all the more important. Make sure that you carefully read the list, and choose it according to the product.
- Decide the range of your trademark
Sometimes you have to make it clear whether you have to choose a class that is applicable to your whole business (its logo, goals), or more with a specific product/ service.
- Choose the classification that describes the whole product and not just a part
Many times it happens that you have one thing in mind but you go with the other. For example, if you have a clothing brand, don’t choose a class for thread and yarn business. Go with the cloth manufacturer class.
So, get ready for the registration process. Oh! You must know the requirements first. Below are the requirements for trademark registration.
Important Requirements of Trademark Registration
There is a form for trademark registration that you need to fill. Make sure you have collected all the information before you proceed to fill the form.
- Fill the name of the owner or the legal entity who has applied for the trademark application.
- Address of the applicant for filing the application must be mentioned. There could be one single or multiple owners so fill the information accordingly.
- Nature of your business/ entity : ( Sole proprietorship/ individual/ partnership/ HUF/LLC)
- Nature of your products or services. You also have to specify the logo or mark and make sure to keep it as unique and specific as possible.
- Nature of your firm business ( manufacturing company/trading/service provider).
- If your mark is already in use, and you want to mention it, also add the details of its existence, i.e, the date since the mark was used in India.
- If the trademark is also already in use, then support the trademark by producing documents that act as proofs like invoices. These invoices must contain trademark name, pamphlets, website details, etc.
- Also produce a copy of the mark or logo that you are using and for which you are getting a trademark registered.
- Most importantly, produce a signed Power of Attorney or a Letter of authorization on Stamp paper, it should be in favour of Trademark Agent/ Advocate.
Now you know the steps. But if you still doubt whether a trademark is a good idea or not? Read the below mentioned benefits and then decide.
What Are The Benefits That You Would Enjoy With Trademark Registration?
- It distinguishes your business with other businesses.
- Trademark is the starting steps of an established brand.
- Trademarks are a good way to market your business.
- Customers start identifying you with the help of a trademark.
- Registered trademark gives you a legal identity as well. Your brand is protected against any unauthorised use of your trademark. Your goodwill is well protected.
- Many online portals and established websites identify your products and consider them as falling under branded. For example, Amazon, Flipkart, etc.
- Trademark, in layman’s language is termed as brand helps you stay ahead of competitors.
- Increases your sales, and proves as a valuable asset in the future.
Now, have a quick look at the steps for the registration of a trademark in India.
Trademark Registration Process in India
Step 1: Filling the application form for the trademark registration.
Step 2 : Application examination process
Step 3 : Publication of the Application
Note: Opposition by any third party( in case it happens). Trademark opposition and trademark objection are two different situations. And they have completely different processes to deal with. In such cases, it is best to get expert help.
Step 4: Trademark registration hearing before the Registrar
Step 5: Registration of the Trademark
Finally your trademark registration process will be complete after the last step. You can go on the website and keep checking the updates of the registration.
What Happens if You Choose the Wrong Trademark Class?
Your application process may get delayed. And in some cases, you have to reapply for it. There is a lot of time and money involved in the process and choosing the wrong trademark class could affect both these factors.
It is therefore important that you consult an expert and get the correct guidance.
Conclusion
You must have a good amount of knowledge about the trademark classification by now. Need help with choosing the right trademark class? Well, we at Vakilsearch have a team of experts who do best to get you done with the trademark registration process.
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