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.
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:
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.
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.
Trademark classes segregation is done in Goods and Services, each class has different types of goods and services.
The types of products which come under the Goods section are mentioned below:
|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|
|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.|
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