Different Types of Trademark Classes Available in India for Registration
Different Types of Trademark Classes Available in India for Registration
Trademark registration in India involves a comprehensive classification system, where trademarks are grouped into 45 distinct classes based on the nature of the goods and services they represent. This classification is crucial for organizing trademarks efficiently, ensuring that products and services with similar characteristics are categorized together. This article explores Different Types of Trademark Classes Available in India for Trademark Registration.
Register Now!What is a Trademark?
A trademark is a form of intellectual property that bestows exclusive rights upon its owner for using a specific word, symbol, logo, phrase, design, sound, or expression. This legal protection prohibits any unauthorized use of the trademark by individuals, entities, or organizations in the public domain without the explicit consent of the trademark owner. Trademark Infringement, or the unauthorized copying or imitation of the trademark, can result in legal consequences. The primary function of a trademark is to differentiate and identify the products or services of one company from those of others in the marketplace, establishing a unique identity and brand recognition.
Importance of Trademark for Business
- A trademark is like a unique signature for your business, making it stand out and helping customers recognize and trust your products or services.
- It provides legal protection, prevents confusion with other brands, and is a valuable asset for marketing and advertising.
- Trademarks are essential for building a strong online presence, fostering business growth, and expanding globally.
Overall, having a trademark is a smart investment that adds credibility, protects your brand, and contributes to long-term success.
What is Trademark Class?
A trademark class is a categorization system established under the NICE classification, dividing a wide range of products and services into distinct classes. In total, there are 45 trademark classes, each comprising goods and services of a specific nature. When filing for a trademark, it is essential for the applicant to accurately identify the appropriate trademark class to which their product or service belongs. This classification system is pivotal in conducting a thorough trademark search and safeguards against trademark infringement. By determining the relevant class, applicants ensure that their trademark is appropriately protected within the specified category of goods or services.
What is the basis of the Classification of Trademark Classes?
The classification of trademark classes is primarily based on the nature and characteristics of the categorised goods or services. The basis for classifying trademark classes for goods and services is as follows:
Trademark Classification for Goods:
- Purpose and Function: Finished products are categorized according to their intended purpose and function, especially if the product does not belong to any other class.
- Multipurpose Products: Products with multiple functions may be classified into multiple classes corresponding to their functions. If the functions are not specified in other classes, the classification is based on the mode of transport or raw materials.
- Raw Materials or Semi-finished Products: Classification for raw or semi-finished products is determined by the material from which they are made. In cases where the product is composed of multiple materials, the classification is based on the predominant material.
Trademark Class for Services:
- Branches of Activity: Services are classified based on branches of activity, as outlined in the headings and explanatory notes of the classification system.
- Rental Services: Rental services fall into the same class.
- Advice or Consultation Services: Services related to advice, consultation, or information are classified based on the subject matter of the advice, consultation, or information provided.
What are the Different Trademark Classes?
There are 45 classes of trademarks, wherein 1-34 classes belong to products and 35-45 classes belong to services.
Trademark Classes for Goods:
- Class 1: Chemicals used in industry, science, photography, agriculture, horticulture, and forestry; unprocessed plastics; chemical substances for preserving foodstuffs.
- Class 2: Preservatives against rust, paints, and varnishes; Preservatives used to prevent deterioration of wood, foil, and powder from metals, colourants, painters, artists, and decorators.
- Class 3: Substances for laundry use, bleaching preparations, cleaning, polishing, essential oils, cosmetics, soaps, perfumery, abrasive preparations, and hair lotions.
- Class 4: Industrial oils and greases; candles, wicks; lubricants; fuels and illuminants; dust absorbing, wetting and binding compositions.
- Class 5: Pharmaceutical, fungicides, herbicides; veterinary and sanitary preparations; food for babies; disinfectants; dietetics.
- Class 6: Common metals, alloys, small metal hardware products, and building materials made of metal. Metal pipes and other goods which are not a part of other classes.
- Class 7: Machines and machine tools; machine coupling and transmission equipment; agricultural implements except those operated by hand; incubators for eggs.
- Class 8: Manual hand tools and implements; side arms; razors; cutlery.
- Class 9: Scientific, measuring, apparatus for recording, electric, photographic, data processing equipment and computers; transmission or reproduction of sound or visuals.
- Class 10: Dental and veterinary products; surgical and artificial limbs; medical, eyes and teeth; suture materials; orthopaedic articles.
- Class 11: Apparatus for lighting, cooking, refrigerating, heating, steam generating, water supply and sanitary purposes; drying and ventilating.
- Class 12: Vehicles: products for movement by water, land, or air.
- Class 13: Firearms; explosives; fireworks; ammunition and projectiles.
- Class 14: Precious metals, their alloys and products made from them; precious stones; jewellery; chronometric instruments and horological.
- Class 15: Instruments used to make music.
- Class 16: Printed matter; stationery; Paper, cardboard, and goods made from these materials; brushes; plastic materials for packaging; typewriters and office requisites.
- Class 17: Insulating materials; flexible pipes; rubber, asbestos, plastics in extruded form for manufacture; mica and goods made from these materials; packing, stopping.
- Class 18: Umbrellas, parasols and walking sticks; leather and imitations of leather; animal skins, hides, trunks and travelling bags; whips, saddlery; harness.
- Class 19: Building materials (non-metallic), non-metallic transportable buildings; non-metallic rigid pipes for building; asphalt, pitch, and bitumen; monuments.
- Class 20: Furniture, mirrors, picture frames; ivory, whalebone, shell, amber; goods of wood, cork, bone, mother-of-pearl, reed, cane, wicker, horn.
- Class 21: Kitchen utensils; unworked or semi-worked glass; combs and sponges; articles for cleaning purposes; earthenware and glassware.
- Class 22: Awnings, tarpaulins, sails, sacks, ropes, string, nets, tents, raw fibrous textile materials; padding and stuffing materials(except rubber or plastics).
- Class 23: Yarns and threads.
- Class 24: Bed and table covers; Textiles.
- Class 25: Clothing, headgear, footwear.
- Class 26: Ribbons and braid; Lace and embroidery, buttons, artificial flowers; hooks and eyes, pins and needles.
- Class 27: Carpets, rugs, wall hangings(non-textile), mats and matting, linoleum.
- Class 28: Gymnastic and sporting articles; games and playthings; decorations for Christmas trees.
- Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, edible oils and fats; fruit sauces; eggs, milk and milk products.
- Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, mustard; vinegar; spices; ice sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt.
- Class 31: Agricultural, horticultural, and forestry products and grains; foodstuffs for animals, malt; live animals; fresh fruits and vegetables; seeds, natural plants and flowers.
- Class 32: Beers, mineral and aerated waters, non-alcoholic drinks, syrup, fruit drinks and fruit juices.
- Class 33: Alcoholic beverages(except beers).
- Class 34: Tobacco, smokers’ articles, matches.
Trademark Classes for Services:
- Class 35: Advertising, business administration, business management, office functions.
- Class 36: Insurance, financial affairs, monetary affairs, real estate affairs.
- Class 37: Building construction; installation services; repair.
- Class 38: Telecommunications.
- Class 39: Transport; travel arrangement; packaging and storage of goods.
- Class 40: Treatment of materials.
- Class 41: Education; entertainment; sporting and cultural activities; providing of training.
- Class 42: Scientific, design, and technological services; industrial analysis and research services; computer hardware development.
- Class 43: Temporary accommodation; services for food and drink.
- Class 44: Medical services, horticulture, forestry services, veterinary services, hygienic and beauty care, agriculture.
- Class 45: Security services for property protection; personal and social services rendered by others.
How to Choose A Trademark Class?
Choosing the right trademark class is a crucial step in the registration process. Here are some considerations to help you decide:
- Nature and Purpose: Understand the nature and purpose of your goods or services. Determine the primary function they serve in the market.
- Raw Ingredients: If your goods include raw ingredients, consider the class based on the material or composition of the product.
- Service Provider Functions: For services, identify the functions performed by the service provider. This can help in selecting the appropriate class.
- Type of Services: Clearly define the type of services being provided. Consider the specific characteristics that distinguish your services from others.
Choosing the right trademark class ensures your trademark is properly protected for your specific goods or services. If you have any doubts, consulting with our trademark professional can provide valuable guidance in the trademark classification process.
Important Factors to Consider Before Choosing Trademark
Before choosing trademark protection for your company, consider the following important factors:
Clarity and Memorability:
- Opt for a trademark that is clear, basic, and easy to remember.
- Choose short words that are attention-grabbing and facilitate quick recall.
Distinctiveness and Originality:
- Ensure that your proposed mark is distinctive and does not resemble existing trademarks.
- Avoid copying the names or logos of others to prevent legal consequences.
Avoid Geographical Names and Proper Nouns:
- Refrain from registering trademarks that are geographical names or commonly used proper nouns.
- Ownership over regularly used terms cannot be guaranteed.
Trademark Application Options:
Understand that trademark applications can cover various items, including:
- Letters, numbers, symbols, or combinations of these.
- Sound markings
- 3-D symbols or signals.
- Logos and graphic designs.
- Monograms.
- Different colours and colour combinations.
Considering these factors will help you choose an effective and legally sound trademark.
Trademark Class Finder
IndiaFilings provides the Trademark Class Finder Tool, making it easy to find the right class for registering a trademark associated with a specific product or service. You can quickly identify the appropriate class under the Nice Classification system by entering details about your offering.
We also offer a trademark search tool to check if your proposed trademark or name is already registered with the Trade Mark Registry, ensuring its uniqueness before registering.
Get Trademark Registration easily with IndiaFilings.
At IndiaFilings, our team of experts is dedicated to providing comprehensive assistance throughout the trademark registration process. From guiding you in selecting the appropriate trademark class to ensuring the clarity and distinctiveness of your chosen trademark, our experts are here to streamline every step of the registration journey. We understand the complexities of the registration process, including the importance of avoiding ambiguity, ensuring originality, and navigating legal considerations. With IndiaFilings, businesses can trust our professionals to offer valuable insights, ensuring a seamless and successful trademark registration experience.
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