Trademark

Filing Trademark Under Wrong Class: What Are Its Repercussions?

calendar03 Mar, 2023
timeReading Time: 5 Minutes
Filing Trademark Under Wrong Class: What Are Its Repercussions?

Trademarks provide protection to the brand so that no other company can use the same logo or brand name. While filing a trademark, the most common mistake that a person commits is filing the trademark under wrong class. In case you file a trademark under wrong class, it can result in delaying the trademark process in India.  In this blog, we are going to discuss the documents, procedure of Trademark Registration and repercussions of filing Trademark under Wrong Class.

What is a Trademark?

A trademark is a symbol, word, logo, or design that a company uses to create a differentiator from other brands. A trademark can be anything, but it must be unique and must not resemble with any other existing company.

Need for Trademark Registration

  • By registering a trademark, the owner of the trademark gets exclusive rights to use it.
  • The owner of the trademark can refrain others from using the same mark on any other goods or services that do not belong to the owner.

Documents Required For Trademark Registration

Check a list of documents that are required while filing a trademark registration in India:

  • In case you wish to register your logo, the logo of the company or trademark is required.
  • The name, location, and country of the applicant.
  • The document of incorporation in the event of a business or LLP[1].
  • Udyog Aadhar registration, in the event, that the business qualifies for a reduced application charge.
  • A list of the products or services that the brand represents.
  • The registration requires the filing of a trademark class.
  • The candidate must execute the power of attorney in Form 48 Format.

Once you apply for the trademark registration process, you generally have to wait for around 2-3 working days, and then you will get an application number if your application is approved. You can temporarily use the application number to use the trademark until your registration process is completed.

There is generally a time period of three months and if no one opposes your trademark registration, then you can easily get the trademark for your brand. This is a crucial process and might take up to six months. Furthermore, this is the most crucial and complex process. Therefore, it is advised to take the help of a professional consultant.

Trademark Registration Process

The process of trademark registration can be understood by the following points:

  • Initiate A Trademark Search

The first step is to initiate a trademark search. You are required to visit the official website of intellectual property and search for the name of the website for which you are seeking trademark registration. If similar marks or terms are found, check the whole description and see whether the good and services they offer are the same as yours.

  • Preparation of Trademark Application

Next step is the preparation of a trademark application by the attorney of the trademark. He will be preparing Form 48 and TM-1 to get the approval and signature of the trademark applicant.

  • Filing of Application

Now, the trademark will be completed from the end of the trademark registry, and the applicant will have to pay the requisite fees.

  • Processing Of Application By The Government

While the government is processing the trademark application, the application must be checked adequately from time to time. If there is any objection to the trademark application, then a reply for such an objection must be filed by the applicant in 30 days. Similarly, the response to the complaint must also be filed within 30 days to resolve the objection and initiate the process.

The registered trademark will be protected for a period of 10 years, whereas a non-registered trademark is not protected. In order to ensure the security of your brand, you must go for trademark registration.

Note: Trademark registration is applicable from the date of filing the application with the trademark office. The company can start using the TM symbol as soon as they file the application for registration. Moreover, once the trademark is granted, the company can start using the R symbol. The trademark registration is valid for a period of 10 years, and after the expiry of this period, the trademark can be easily renewed by paying the requisite fees.

What are Trademark Classes?

The groups of products and services a brand uses to distinguish are known as trademark classes. There is a method for categorizing trademarks broken down into one or more groups or classes, each containing all the products and services that come under its purview. This makes it possible to establish whether a specific brand has been violated in order to bring an infringement lawsuit against an accused violator.

Trademark class is an integral part of trademark registration. It clarifies the amount of protection that will be granted to your trademark and what all things come under the protection of a trademark. Other parts, such as filing date, filing fees, and description, will give you details about using the mark after its registration. In case you file for a class of trademark that does not protect your mark or only provide a little protection, then you should not file for trademark registration in such a class.

Division of Trademark Classes in India

There are majorly 45 trademark classes that are grouped as per their origin, usage, appearance, value, etc., and similar classes of the trademark are clubbed under a single class. Most of the classes, out of these 45 classes, are for goods, and others are for businesses based on services. If you wish to register your brand, then you have to check the class list of trademark registration and figure out your trademark falls under which category.

Furthermore, trademark classes are divided based on the following categories:

  • Trademark class includes goods having different shapes or designs, such as clothes, utensils, etc.
  • This category of trademark classes includes medicine, beverages, and foodstuffs.
  • Another category of trademark classes includes services such as teaching, writing, etc.

Repercussions of Filing Trademark under Wrong Class

Trademark registration is the first and foremost thing that any startup must do. Extreme caution must be used during this stage because even small mistakes can have serious consequences afterwards. It would be wise to seek legal advice from a professional consultant during this procedure. You could find yourself in legal problems if you are not fully conscious of the laws and rules pertaining to trademark registration in your nation. If you submit your patent registration under the incorrect class, it will be denied, and you run the risk of being sued. In various nations, there are various types of copyright regulations. If the application is made under the incorrect class, the petitioner will no longer be permitted to use the name. Before filing a trademark, remember to check the trademark registration class list.

Conclusion

Trademark registration is important if you want to use a particular logo, design, or symbol as your brand’s identity so that no other person can use the same for his benefit. Once you register a trademark, you have the right to restrict others from using your mark, and in case someone uses your registered mark, then you have the right to sue that person.

Moreover, before registering a trademark, it is very important to see the trademark class under which your trademark will fall. So, you must check the trademark registration class list before registering your trademark. In case you file your trademark under wrong class, then you will have to face a lot of consequences, and this will also create a delay in the process of registration, and your application may be rejected. This is one of the prevalent mistakes that people usually commit. Therefore, it is advised to consult a professional before initiating the trademark registration process.

Also Read:
Protect Your Brand With Trademark Registration
Online Trademark Registration: A Detailed Guide
An Overview On Document Required For Trademark Registration

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