There are numerous instances of two brands using the same name. For example, a famous tea brand and a renowned chain of hotels have shared the name Taj in their names? So, what is the point of registering a trademark?
Trademarks of goods and services are grouped into different classes. Each class requires a different registration. However, there are times when a trademark can be extremely generic. For example, Facebook owns the trademark of the word ‘Face’ in several countries. Is this something that the North Face footwear brand should be concerned about? If not? Why? This is due to the fact that the governments categorise all trademark registrations according to different classes (i.e. the industry you operate within).
This implies that Facebook only owns the rights to the trademark ‘face’ within the telecommunications sector, which means that another social network or messaging app cannot use the term ‘face’ in their name. But a footwear brand can.
While large brands often register their name in each of the 45 classes that follow, smaller brands do so only in sectors they are already in or have plans to enter into.
The International (Nice) Classification of Goods and Services has categorised various services and items into 45 trademark classes, with 1 to 34 covering goods and 35 to 45 covering services. This classification is used by the Indian Trademark Registry as well to categorise trademarks.
As each class represents a specific product and service category, you have to choose the correct class for your mark. Only if you have chosen the correct category of the goods and services for your mark, will you be able to proceed with the process.
Trademark Classification of Goods
- If it is a finished product, then its purpose or function is dependent on the category. If you don’t mention its function then the customer can compare it with other comparable finished items. And when it is not feasible, the applicant may categorise the goods on the basis of the material from which they are made or their mode of use.
- When it comes to finished multi-purpose goods, classification is based on their functions. If the function is not there, you can then classify the goods according to the material item from which the product is made or its mode of operation.
- When it comes to untouched or semi-worked raw materials, they are categorised according to the type of material they consist of.
- If a product is made using different materials, then you can grade it according to its content. In concept, any good which is included as a part of another product is categorised in the very same class as that product. This is applicable when we can’t use the said goods for any other purposes.
- In all other cases, the first point mentioned above prevails.
Classes of Goods:
23: Yarns, threads
Trademark Classification of Services
- The key basis for categorising services is based on the divisions of activity listed in the headings of the service class and the explanatory notes thereof. And if that is not the case, then other resources listed in the Alphabetical List can be used to do so.
- Also, in the case of any rental services, you can classify them in the same class as the ‘services rendered by rented objects.’
- You can categorise any service offering advice, information, or consultation into the same class as in matters relating to advice, information, or consultation.
Classes of Services
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