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Trademark

The Trade Marks Registry was established in the year 1940 in India and currently, it administers the Trademarks Act, 1999. The major objective of the Trade Marks Act, 1999 is to register trademarks applied for better protection of trademark and also to prevent fraud actions taken by the competitors.

Trademark Registration @ Rs 1999

What is Trademark Registration?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

The selected mark should be capable of being represented graphically (that is in the paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

As per the Trademark act, Trademark registration in India helps the applicant or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to avoid duplication within the trademarks.

What is Trademark Class?

Trademark is segregated in 45 different classes according to the NICE classification which is also known as International Certification of Goods and Services. Among those 45 classes, 34 classes come under Goods section and 11 classes come under Services section. Each class shows a specific category of Goods and Services. While applying for Trademark registration, it is necessary to choose the right class. Trademark search is done while selecting an appropriate class for your goods and services. This classification is of almost 80,000 products.

Additional Read : Trademark Class Lists in India

Basics of Trademark Classification

Trademark classes segregation is done in Goods and Services, each class has different types of goods and services.

Trademark Classification of Goods

The types of products which come under the Goods section are mentioned below:

A finished product is classified according to its function or purpose. In case the function or purpose of a product is not mentioned in any class, then the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied on the same.
A finished product which is a multipurpose object then it may be classified in all classes that correspond to any of its functions. If those functions or purposes are not mentioned in any class heading, other criteria, such as that of the material of which the product is made or its mode of operation, are applied on the same.
Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.
Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.
When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.

Trademark Classification of Services

The services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.
Rental services are in principle classified in the same classes as the services provided by means of the rented objects.
Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation.

Class number	Details
Class 1	Chemicals which are used in industry, photography, forestry, unprocessed artificial resins, Tanning, and adhesive substances, etc.
Class 2	Paintings, coals & pigmentation, lacquers, mordants, printing, and art, etc.
Class 3	Cleaning products, cosmetics, bleach and abrasives, laundry products, essential oils, etc.
Class 4	Fuels, industrial oil, greases, illuminates, wetting and binding compositions, fuels, wicks, etc
Class 5	Pharmaceuticals, veterinary products, dietetic, dental wax, disinfectants, herbicides, fungicides, etc.
Class 6	Metal castings, hardware, locks and safes, common metal and their alloys, building material (metal), other metals are not included in any other class, etc.
Class 7	Machine and machine parts (except for land vehicles), incubators for eggs, etc.
Class 8	Implements and hand tools, cutlery and razors etc
Class 9	Cash registers, calculating machines, and data processing equipment, teaching apparatus, magnetic data carriers, etc
Class 10	Surgical, medical and dental apparatus, artificial limbs, eyes teeth, etc.
Class 11	Apparatus for heating, lighting, steam generating, cooking, refrigerating, dying, etc.
Class 12	Apparatus for locomotion by land, water, and air.
Class 13	Ammunition, firearms, explosives, fireworks, etc.
Class 14	Precious metal and their alloys, products in precious metals, jewelry, etc.
Class 15	Musical instruments etc.
Class 16	Cardboard, paper, and goods made from these materials, print matter, bookbinding, paint brushes, playing cards, printing blocks, etc.
Class 17	Rubber, gum, asbestos, mica, and goods made from these materials and not included in other classes.
Class 18	Leather and imitations of leather, and articles which are made from these items and not included in other classes, animal skins, and hides, etc.
Class 19	Non–metallic rigid pipes for buildings, asphalt, pitch, and bitumen etc.
Class 20	Picture frames, mirrors, Furniture of wood, cork, reed, cane and not included in any other category.
Class 21	Household and kitchen utensils, brush making material, articles for cleaning purposes, etc
Class 22	Nets, ropes, strings, sails, sacks and bags and fibrous textile materials, etc.
Class 23	Yams and threads for textile use.
Class 24	Textile and textile goods which are not included in the other classes.
Class 25	Clothing, footwear, and headgear.
Class 26	Non-textile carpet, rugs, wall hangings, linoleum, and other materials which are used for covering floors.
Class 27	Non-textile carpet, rugs, wall hangings, linoleum, and other materials which are used for covering floors.
Class 28	Game and playthings, and other sporting items which are not covered under any other class. Christmas decorations.
Class 29	Poultry items, jams, eggs, etc oils, and edible oils.
Class 30	Coffee, tea, sugar, cocoa, rice, tapioca, spices, etc.
Class 31	Horticulture, agriculture and forestry grains which are not included in any other class. Fresh fruits and vegetable, seeds, malt etc.
Class 32	Aerated drinks, beer, non-alcoholic drinks (including juices and fruits drinks) and other things which are used for preparing beverages.
Class 33	All alcoholic beverages (excluding beer)
Class 34	matches, smoker’s articles, tobacco

List of 11 product classes (Services)

Class number	Details
Class 35	Advertising and Business In this class, services which help the management in managing the affairs, the organization (commercial organization) are included. Any advertising activity in which any announcement is made to the general public at large or concerns any type of goods and services are included.
Class 36	Insurance and Financial In this class, activities relating to insurance, finance sector or the monetary sector are included.
Class 37	Construction and Repair In this class, the work is done by contractors, subcontractors, in the making or repairing work of buildings, or any restoration of work to its original state is included.
Class 38	Communication In this class, services which help in communicating anything between people is covered, whether oral or visual.
Class 39	Transportation and storage In this class, any service related to storage of goods in a warehouse or any other place or transporting them from one place to another is included. The transportation can be via land, air or water.
Class 40	Material treatment In this class, any service which involves changing of a chemical or the mechanical composition of a substance is included. Or any other service not included in any other class on the same lines.
Class 41	MEducation and Entertainment In this class, any service which improves the knowledge or mental capacity of a person or animal is included. It also includes services which entertain people or animals.
Class 42	Any scientific and technological services or research or any development of any computer hardware or software or any legal services. It particularly includes the services provided by an engineer (designing, making blueprints, etc) or any research for medical services.
Class 43	Temporary Accommodations Any service provided by a person or establishment which included the preparation of food or drinks for consumption services, or providing a bed for stay is covered under this class. It includes the services for reservation or a place of stay provided for animals.
Class 44	Medical Services This class covers the services related to hygiene, medical services, first aid, beauty parlor services to human beings or animals. It particularly includes the services of breeding of animals, services relating to plant growth, medical advice, services relating to artificial insemination.c
Class 45	CAny personal or social service is covered under this class. It includes surveillance of people for the protection of their interest, safety and well being. It includes social projects like matrimony services, funeral services, etc.

Additional Read : How to do Trademark Search in India

FAQs

What makes trademark search so important?

Searching for the availability of a Trademark is necessary as you need to make sure whether the trademark which you want to register already exists or not.

Are there different Trademark searches?

The Trademark can be searched by Logo or a company name.

Are there different Trademark searches?

The Trademark can be searched by Logo or a company name.

How to select a good trademark?

The word should be easy to spell, pronounce and it should be different from others.

What are the functions of Trademark?

It identifies the goods / or services and their origin.
It guarantees its unchanged quality
It advertises the goods/services
It creates an image for the goods/ services.

Can any corrections be made in the application or register?

Yes, But the basic principle is that the trademark applied for should not be substantially altered affecting its identity.

Can a registered trademark be removed from the register?

Yes, a registered trademark can be removed from the register.

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