Before filing an application, it is critical to choose the trademark class because registering a trademark or a name under a specific class only offers protection for that category. Here's a comprehensive guide to Class 9 of the Trademark Filing Classification.
In India each class represents a different class of products or services, and trademarks must be applied for or registered under that class. In this post, we’ll go through all of the things that fall under Trademark Class 9.
Class 9: Scientific and Technological Equipment
Class 9 scientific and technological equipment covers a wide range of scientific, electrical, electronic, and technical gadgets, equipment, and apparatus, including the following subcategories:
- Computers and computer hardware
- Computer software and equipment
- Computer networking and data communication equipment
- Data storage devices
- Electrical and electronic components
- Electrical and mechanical data processing equipment and accessories
- Electrical circuits and circuit boards
- Cables and wires
- Measuring, counting, alignment, and calibrating instruments and machines
- Fire-extinguishing apparatus
- Sensors and detectors
- Nautical equipment and devices
- Time, temperature, speed, and distance measuring instruments
- Controllers and regulators used in diverse industries
- Scientific research and laboratory apparatus, educational apparatus and simulators
- Protective and safety equipment
- Broadcasting equipment
- Photocopiers and image scanners
- The image capturing and developing devices
- Communications equipment and apparatus
- Display devices, audio devices, television receivers, and film and video devices
- Recorded contents
- Media contents
- Audio/visual and photographic devices
- Calculators
- Coin-operated automatic vending machines and mechanisms
- And, many other electrical and scientific equipment and devices not covered in other classes.
Class 9 is Not Applicable For Following Items:
- Electromechanical apparatus for the kitchen (grinders and mixers for fruit presses, foodstuffs, electrical coffee mills, etc.), and certain other instruments and apparatus which are driven by an electrical motor
- Apparatus for dispensing or pumping fuels
- Flat irons, electric razors, and clippers (hand instruments)
- Electrical apparatus for cooking, space heating or for the heating of liquids, for ventilating, etc.
- Electric combs and toothbrushes
- Watches and clocks and other chronometric instruments
- Control clocks
- Amusement and game apparatus are adapted for use with an external display monitor or screen.
Related (Coordinated) Classes
If you are unsure about registering in Class 9, you may also consider the following “coordinated” classes:
- Class 10 – Medical Supplies
- Class 16 – Paper Goods
- Class 28 – Games and Sporting Goods
- Class 35 – Advertising and Business Services
- Class 38 – Telecommunications Services
- Class 39 – Shipping and Travel Services
- Class 41 – Education and Entertainment Services
- Class 42 – Science and Technology Services, and
- Class 44 – Medical and Vet Services.
A coordinated class is one that is related to another class, this is because the USPTO has determined that applicants filing within Class 9 often need to file in the coordinated classes, as well.
The trademark registration is built on a class system. For each class of goods or services that is registered, a separate registration fee is paid. The correct class should be indicated at the time of applying for trademark registration, because if the class is found incorrect then the application process starts all over again.
Using the trademark search engine provided by Vakilsearch, you can determine whether a trademark is accessible before beginning the registration process.
Specimens for Class 9
If the mark is being used in commerce, you must provide a sample of the mark as it appears to customers. The mark must be seen on or in connection with the items in trade in order for the specimen to be valid. A trademark specimen should be a tag, label, or container for the goods or a display that is associated with the goods. A copy of any other reproduction of a specimen of the mark as used on or in connection with the goods is acceptable.
In most cases, the label is an acceptable specimen, if the trademark is applied to the goods or the containers for the goods in Class 9 by means of labels.
Mailing or shipping labels may be accepted if proper usage is shown and if they are fixed to the goods or to the containers for the goods. It is not acceptable if the mark shown is just used as a trading name and not a trademark. The proper method of trademark affixation is to stamp a trademark on the goods, the container, or on the labels or tags attached to the goods or containers.
Conclusion
Individuals must do a trademark class search before applying for registering a trademark to confirm that their mark is distinct. Legal service providers such as Vakilsearch may assist businesses in doing a thorough search to ensure that they are filing the registration under the correct trademark class.
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