WHAT IS A TRADEMARK CLASS AND WHY CHOOSING THE RIGHT ONE MATTERS

INTRODUCTION

Before starting the process of trademark registration, one must identify which trademark class their goods and services belong to. As per the NICE classification, the goods and services are divided into various categories, which are recognized globally. Therefore, registering your trademark in the right class will give you exclusive rights to your mark and also ensure that your mark is well-protected from infringement and passing off.

In this article, we are going to discuss how a trademark is an intellectual property in India, why knowing the right classification is important, what the Trademark Class List in India is, how to select the appropriate trademark class, the trademark registration process, and other important information.

TRADEMARK

A trademark is a type of intellectual property in India that distinguishes one brand’s products or services from those of others. It can consist of a word, phrase, symbol, logo, insignia, or a combination of these elements. A trademark identifies the source of a particular product or service, giving the owner exclusive rights to use it. This means the owner can take legal action if someone else tries to use the same or a confusingly similar mark for their own goods or services.

TRADEMARK CLASS LIST INDIA

In India, trademarks are divided into different categories: goods are covered under Classes 1 to 34, and services are covered under Classes 35 to 45. To understand which goods and services belong to which class, one must refer to the Trademark Class List in India. This list can be accessed on the Trademark Registry’s official website. To read the class list, visit Class Details

A few good examples are:

• Class 6: Includes common metals and their alloys; it also includes metals used as building materials.
• Class 15: Includes musical instruments.
• Class 30: Includes beverages and edible materials such as coffee, tea, bread, pastry, etc.

A few examples of service classes are:

• Class 39: Includes services related to transportation, packaging, etc.
• Class 41: Includes services related to education, training, etc.
• Class 45: Includes services related to the legal field, security, etc.

HOW TO SELECT TRADEMARK CLASS

To understand the right class, one must understand what goods and services they are providing. To understand this better, let’s understand this with an example:

Let’s suppose you are dealing with footwear. Let’s understand the process:

• Step 1: First, understand whether you are manufacturing the footwear or just selling it. This will determine whether you should register under goods or services.
• Step 2: Visit the Trademark Class List for India to find out which class your goods fall into or hire an expert to do this job for you. For footwear, it’s Class 25.TMWalacan help you identify the right class quickly and accurately, ensuring your application is filed correctly the first time.
• Step 3: Then, visit the Trademark Public Search portal and check whether your trademark is similar to someone else’s trademark in the same class. If it is, you will need to change your trademark, as two similar trademarks cannot be registered in the same class.
• Step 4: After ensuring that you have a unique trademark in that class, proceed with the registration process.

WHY CHOOSING THE RIGHT CLASS MATTERS

1. Defines Your Trademark Scope: Your trademark rights apply only to the classes you choose. If you miss a relevant class, someone else could register a similar trademark in that category and limit your rights.

Example: If you secure your brand for T-shirts (Class 25) but neglect Class 18 (bags) and Class 9 (phone cases), another company could legally use your brand name for those products.

• Avoid Rejections or Delays: Filing under the wrong class can lead to office actions or refusals from the USPTO, costing you time and money.

Prevents Legal Issues: A well-selected class reduces the risk of infringement claims by clarifying the industry or market where your brand operates.

TRADEMARK REGISTRATION PROCESS

To find out whether the trademark you want to use is already registered by someone else, you’ll need to start with a trademark search.

Once the search is complete, you can move on to submitting your registration application. This is where knowing the correct trademark classification becomes crucial.

Trademarks are categorized into different classes based on the type of goods or services they represent. Selecting the correct class ensures that your trademark is protected in the specific category relevant to your business. If you apply under the wrong class, your trademark may not offer you the protection you need and could even be rejected.

Depending on your location, the application (Form TM-A) can be submitted either physically at the Trademark Registry Office or online through the official IP India website.

The registration fees depend on the number of classes your goods or services fall under. You can apply for a single class or multiple classes, but you must correctly identify each one based on your business activity.

Along with the application, you’ll need to provide all the necessary documents and complete details about the trademark. If you’ve already been using the trademark before applying, you’ll also need to submit a user affidavit document that proves prior use of the mark and supports your claim to it before formal registration.

For hassle-free filing and professional assistance throughout the trademark registration process, TMWala provides end-to-end support, helping you navigate legal requirements smoothly and efficiently.

Trademark Registration Process in brief:

1. Identify the Trademark Class: Determine the appropriate class for your goods or services based on the NICE classification.
2. Trademark Search: Search to ensure your trademark is unique and not already registered in the same class.
3. Application Filing: Submit the trademark application (Form TM-A) online or physically at the Trademark Registry, specifying the correct class(es).
4. Examination: The trademark office examines the application for compliance and conflicts.
5. Publication: If accepted, the trademark is published in the Trademark Journal for opposition.
6. Registration: If no objections arise or oppositions are resolved, the trademark is registered, and a certificate is issued.

CONCLUSION

Understanding trademark classification is essential for successfully protecting your brand’s identity. Referring to the Trademark Class List India helps you identify the correct category for your goods or services, which is a critical step in the trademark registration process. Since a trademark is a form of intellectual property in India, choosing the right class ensures your mark receives the appropriate legal protection. Knowing how to select a trademark class properly can save you time and effort, helping you avoid rejections or disputes. By following these steps carefully, you can secure exclusive rights to your trademark and confidently grow your business.

By following these steps carefully and with the help of expert services like TMWala, you can secure exclusive rights to your trademark and confidently grow your business.