We clarify the difference between using a trademark class finder vs trademark attorney. Both are for trademark classification. Advantages, disadvantages, definitions are given.
Introduction
A trademark classification is crucial for safeguarding your brand. You need to identify the proper category or class for your goods or services to determine the extent of your trademark protection. Trademark class finder vs trademark attorney is the two popular methods for trademark classification. It can be challenging to choose between them as they both have their benefits
What is the Trademark Class?
Trademark classes are categorised based on the nature of the products or services intended for protection under trademark law. In accordance with the Trademark Act of 1999, there are presently 45 trademark classes established in India. These classes serve as a framework to prevent potential trademark objections and facilitate the registration process for marks.
Out of the 45 trademark classes listed, 34 are specifically designated for products, while the remaining classes are allocated for services. These classes encompass a wide range of goods and services, providing comprehensive coverage for different categories.
Applicants have the option to select the appropriate class(es) that align with their products or services. If they choose to register under a single trademark class, they are required to submit the TM-1 form. In the case of registering a collective trademark, the submission of form TM-1 is also necessary.
Know the Trademark Class for Goods and Services
A trademark is a legally registered or established symbol, word(s), or mark that distinguishes a product or service from others. Once a trademark is registered, the owner is granted the right to protect it. Manufacturers or providers of goods and services are categorized into different classes, and each class necessitates a separate registration.
The list of trademark classes can be divided into two main categories:
- Trademark Class for Goods: This class pertains to the registration of trademarks associated with various tangible products or goods.
- Trademark Class for Services: This class is dedicated to the registration of trademarks related to different types of services provided by businesses or individuals.
Trademark Class for Goods:
| Class | Description |
| 1 | Chemicals: used in industry, forestry, photography, tanning and adhesive substances, unprocessed resins |
| 2 | Coals, paintings & pigmentation, lacquers, printing, mordents, and art |
| 3 | Cosmetics, cleaning products, bleach and abrasives, essential oils, laundry products |
| 4 | Industrial oil, fuels, greases, illuminants, wetting and binding compositions |
| 5 | Veterinary products, pharmaceuticals, dental wax, disinfectants, herbicides, fungicides |
| 6 | Metal castings, locks, safes, hardware, building materials, alloys |
| 7 | Machines and machine parts (excluding land vehicles) |
| 8 | Cutlery, razors, hand tools |
| 9 | Calculating machines, data processing equipment, teaching apparatus |
| 10 | Surgical, medical, dental apparatus |
| 11 | Heating, lighting, cooking apparatus |
| 12 | Land, water, and air transportation apparatus |
| 13 | Ammunition, explosives, firearms, fireworks |
| 14 | Precious metals, jewelry |
| 15 | Musical instruments |
| 16 | Paper, cardboard, print matter, playing cards, paint brushes |
| 17 | Rubber, gum, mica, asbestos, and goods not included in other classes |
| 18 | Leather goods, animal skins and hides |
| 19 | Non-metallic rigid pipes, pitch, asphalt, and bitumen |
| 20 | Furniture, mirrors, cork, reed, cane, and other articles |
| 21 | Household and kitchen utensils, cleaning articles |
| 22 | Ropes, nets, sacks, textile materials |
| 23 | Threads and yarns |
| 24 | Textile goods, bed sheets, table covers |
| 25 | Footwear, clothing, headgear |
| 26 | Rugs, non-textile carpets, wall hangings |
| 27 | Floor coverings |
| 28 | Playthings, sporting items, Christmas decorations |
| 29 | Meat, poultry, eggs, oils |
| 30 | Coffee, sugar, tea, cocoa, spices |
| 31 | Fresh fruits, vegetables, grains, seeds |
| 32 | Aerated drinks, fruit drinks, beverages |
| 33 | Alcoholic beverages (excluding beer) |
| 34 | Matches, tobacco, smoker’s articles |
Trademark Class for Services:
| Class | Description |
| 35 | Advertising and business services that aid in managing affairs, administration, or office functions. |
| 36 | Insurance, financial activities, real estate, and monetary affairs. |
| 37 | Construction, repair, and installation services provided by contractors or sub-contractors. |
| 38 | Telecommunication services. |
| 39 | Transportation and storage services by land, air, or water. |
| 40 | Services related to material treatment. |
| 41 | Education, entertainment, sporting, and cultural activities. |
| 42 | Scientific, technological, and research services, including computer hardware/software development and legal services. |
| 43 | Temporary accommodations and food/drink preparation services, excluding services covered by other specific classes. |
| 44 | Medical, veterinary, beauty, hygienic services, and horticulture/agriculture services, excluding services from other classes. |
| 45 | Legal and security services, social and personal services rendered by others to meet individual needs. |
Choose the Correct Trademark Class
Selecting the appropriate class and terms is crucial when applying for a trademark. The registration of your trademark will be limited to the specific goods and/or services you specify in your application. It is not possible to add additional goods or services after submission.
For instance, if you intend to use your trademark on your own clothing lines, you would choose class 25, which covers clothing, footwear, and headgear.
If your intention is to sell products from other manufacturers in a store, you would select class 35, which encompasses advertising, business administration, business management, and office tasks. Within this class, you would further specify the term ‘retail services’ in relation to clothing.
What is a Trademark Class Finder and When is it Useful?
A trademark class finder helps in trademark classification for goods and services. It is an online database. People can search and find the category that most closely matches. It is time-efficient and cost-efficient. For people who don’t want to appoint an attorney, this is a good option.
The Benefits of Using a Trademark Attorney for Trademark Classification
Here are some points to explain the benefits of using a trademark attorney for trademark classification:
- A trademark attorney can help you navigate the complex legal process of trademark classification.
- A trademark attorney can provide personalized legal advice tailored to your specific situation.
- A trademark attorney can help you identify potential obstacles to getting your trademark approved.
- A trademark attorney can represent you in legal proceedings if your trademark is challenged
When to Use a Trademark Class Finder and When to Consult a Trademark Attorney
Choosing between a trademark class finder and a trademark attorney depends on several factors.
- Factors include the complexity of goods or services, budget, and legal knowledge.
- For a straightforward offering and a limited budget, a trademark class finder is a good choice.
- But, for complex goods or services and higher chances of approval, consult a trademark attorney.
Trademark Class Finder vs. Trademark Attorney
|
Trademark Class Finder |
Trademark Attorney |
| Cost-effective | Expensive |
| Time-efficient | Time-consuming |
| Ideal for straightforward goods or services | Suitable for complex goods or services |
| Limited legal advice | Personalized legal advice |
| No guarantee of approval | Higher likelihood of approval |
Cost Considerations
- Using a trademark class finder is usually more cost-effective than hiring a trademark attorney.
- Online trademark class finder tools are often free or low-cost.
- Trademark attorney fees can range from several hundred to several thousand dollars.
- However, it’s essential to consider that a trademark attorney’s fees may be worth the investment.
- A trademark attorney offers personalized legal advice, increasing the chances of approval.
Maximizing Your Chances of Trademark Approval
- To maximize your chances of trademark approval, consider the following tips:
- Conduct a thorough search to ensure that your proposed trademark is not already in use.
- Provide clear and detailed descriptions of your goods or services.
- Choose the correct trademark class that accurately represents your offering.
Consult a trademark attorney for personalized legal advice.
FAQs for Trademark Class Finder Vs. Trademark Attorney
Is it necessary to hire a trademark attorney for trademark classification?
No, it is not necessary to hire a trademark attorney for trademark classification. Consulting a trademark attorney can increase your chances of approval. Even for complex or unique cases.
Can a trademark class finder guarantee trademark approval?
Using a trademark class finder cannot guarantee approval, but it can identify the right trademark class and increase chances.
How much does it cost to hire a trademark attorney?
Trademark attorney fees can vary depending on the attorney's experience and the complexity of the case. Fees can range from several hundred to several thousand rupees. Vakilsearch offers efficient services that are also affordable.
Can I use both a trademark class finder and a trademark attorney for trademark classification?
Yes, you can use both a trademark class finder and a trademark attorney for trademark classification.
Conclusion:
When choosing between a trademark class finder and a trademark attorney, several factors matter. Simple goods suit a trademark class finder, while a trademark attorney suits complex cases. A trademark class finder can save you both time and money. For any more queries, you can contact our legal experts at Vakilsearch.
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