Every trademark registration applicant must identify and apply under the right trademark class for the proposed logo. The trademark classes define the nature of business, goods or services for which trademark protection is sought. A trademark applicant can apply under a single class or multiple classes while filing the trademark registration application, depending on business nature.
Since there are a total of 45 trademark classes, choosing the right class or classes can sometimes be challenging. For assistance in choosing the right trademark class and completing the trademark registration process with Trademarks Registry, get in touch with our Trademark Registration consultants at Registrationwala.
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A trademark class is a standardized category used to classify the specific goods or services offered by a business. The International (Nice) Classification of Goods and Services categorizes goods and services into a total of 45 trademark classes. Classes 1 to 34 cover goods. The remaining Classes 35 to 45 cover services.
The Indian Trademark Registry follows the international Nice classification system for the purpose of registration and protection of trademarks in India. Before filing an application for registering a trademark with the Registry, an applicant must identify the correct class/classes under which the business's goods or services fall.
Below, we have provided the list of trademark classes from 1 to 45. Each class in the trademark class list is a clickable link that takes you to a dedicated page where the scope as well as coverage of that particular class are explained in a detailed manner.
Trademark Class 1 Trademark Class 2 Trademark Class 3 Trademark Class 4 Trademark Class 5 Trademark Class 6 Trademark Class 7 Trademark Class 8 Trademark Class 9 Trademark Class 10 Trademark Class 11 Trademark Class 12 Trademark Class 13 Trademark Class 14 Trademark Class 15 Trademark Class 16 Trademark Class 17 Trademark Class 18 Trademark Class 19 Trademark Class 20 Trademark Class 21 Trademark Class 22 Trademark Class 23 Trademark Class 24 Trademark Class 25 Trademark Class 26 Trademark Class 27 Trademark Class 28 Trademark Class 29 Trademark Class 30 Trademark Class 31 Trademark Class 32 Trademark Class 33 Trademark Class 34 Trademark Class 35 Trademark Class 36 Trademark Class 37 Trademark Class 38 Trademark Class 39 Trademark Class 40 Trademark Class 41 Trademark Class 42 Trademark Class 43 Trademark Class 44 Trademark Class 45
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The idea behind the trademark classification system is to specify which goods or services, as the case may be, are covered under a particular class. Therefore, choosing the right trademark class is of utmost importance as the protection granted to a trademark is generally linked to the class or classes under which it is registered. Let’s understand this with an example. Suppose, a company sells laptops under the brand name Rell, it can file a trademark application to register the mark under Class 9, which covers electronic goods.
Another company may be allowed to use the mark Rell for a different product, such as a pressure cooker, because pressure cookers fall under a different class, i.e., Class 21. With that being said, such use must not create confusion among consumers or infringe upon rights associated with an existing trademark. An exception applies to well-known trademarks.
Let’s understand the exception rule with the help of an example. Although Pizza Hut is primarily registered under Class 43, another company cannot generally use the mark for goods/services in other classes without authorization as well-known trademarks tend to enjoy broader protection under trademark law. Thus, selecting the correct trademark class must be a key priority so as to secure appropriate legal protection for a trademark and avoid giving rise to future disputes.
Multiple-class application is a trademark registration application in which the applicant seeks protection for a trademark in more than one class. A multi-class trademark application streamlines the registration process. Although the government fee is charged separately for each class, a multi-class application still tends to be more cost-effective than filing separate applications, as it may reduce professional costs. Moreover, tracking and managing a single application is much easier than tracking and managing multiple applications.
However, applicants must be cautious before filing a multi-class application. If an objection or issue arises in relation to any one of the classes included in application, it may negatively impact the entire application’s processing. Therefore, you must go for a multi-class application only when you are genuinely confident that the proposed trademark you want to seek registration for is unique and distinctive in nature and still up for grabs.
The pros and cons of filing a multi-class trademark application are as follows:
The advantages of a multi-class trademark application include:
The disadvantages of a multi-class trademark application include:
For more than a decade, Registrationwala has been actively assisting businesses in filing trademark applications and fulfilling post-registration trademark compliances. Our IPR team is well versed when it comes to choosing the right trademark class/classes and checking whether a proposed trademark is available and suitable for registration or not. We also provide complete assistance at the time of trademark application. During the process, if any objection is raised by Trademark Registrar or if a third party files an opposition, our team fully assists in handling the matter promptly. We do our best from our end to help our clients secure trademark registration as smoothly as possible.
Once the trademark is registered, we also assist with trademark renewal. In case someone infringes upon your trademark rights, we can help you take appropriate action to protect your brand. With years of experience and a dedicated team of professionals, Registrationwala offers 360-degree trademark services so as to help businesses classify, register, manage and protect their invaluable brand assets.
For classification of goods and services, Indian Trademark Registry follows Nice Classification system.
A total of 45 trademark classes exist under Nice Classification system.
Out of 45 trademark classes under Nice Classification system, a total of 34 classes (i.e., Classes 1 to 34) are meant for classification of goods. The remaining 11 classes (i.e., Classes 35 to 45) are meant for classification of services.
Trademarks in India are registered by Trademark Registry. It functions under O/o Controller General of Patents, Designs and Trade Marks.
The Nice classification originated from Nice, France, in 1957.
If you file a trademark application under the wrong class, the Trademark Registry may raise an objection or, in the worst-case scenario, reject the application.
Yes, Registrationwala’s IPR team can certainly help you in selecting the right trademark class.
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