Trademark is a unique identity of a products or service or business, expressed by graphical representation, color combination, text, sound, smell, taste or even by name giving a full-fledged definition to a brand. Trademarks have been classified in the goods and services under 45 categories that are termed as classes. Each class categorizes in specific goods or services under which a trademark must be searched for a particular product. So it becomes necessary to choose an appropriate class for Trademark Registration.
What is Trademark Class?
Trademark is segregated in 45 different classes according to the NICE classification that is also known as International Certification of Goods and Services. Among all those 45 classes, 34 classes come under Goods section, and 11 classes come under the 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 trademark registration for goods and services. Trademark search is the primary step towards trademark registration. Only on an availability of the required trademark under applicable class can further be go for an application process.
Read our article:Grounds for the Refusal of the Trademark Registration
Is it essential to choose Class for Trademark Registration?
A trademark (popularly known as brand name) is a visual symbol which can be a word signature, device, name, label, numerals or combination of colours used by one undertaking on the goods or services to distinguish it from other similar goods or services originating from the any different undertaking. The legal requirements to register the trademark under Act are:
- The selected mark must be capable of being represented graphically (means in the paper form).
- It must be capable of distinguishing in goods or services of one undertaking from those of others.
- It must be used or proposed as a mark used in relation to goods or services to have a connection in the course of trade between the goods or services.
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.
How to find the right class for Trademark registration?
It is extremely important that one must find the right class of goods and services so that their business domain is protected. NICE classification[1] is the international standard classification of goods and services. It was brought to effect by the Nice Agreement in 1957. It is extremely simple in accessing and using an online database of the NICE classification or TM Class. It gives the clear categorization of goods and services.
Trademark Classification System
Based on the business domain, one must choose the class of goods or services that is relevant class for trademark registration. There are total 45 trademark classes out of which 34 class are for product classes, and 11 are for service classes.
Product Class
When a nature of the business is such that one can manufacture and distribute commodities or import and sell goods, then it will fall under the product category. It could be any sort of product ranging from cars to stationery to confectionery products. For example, for a vendor of stationery items, the class that may be relevant is Class 16, or for a manufacturer of readymade garments, it can be Class 25.
Service Class
When a nature of the business is such that one can render services to the customers or independent of any product that may or may not is sold, then it will fall under the service category. It could be services such as installation services, financial advisory services or any other service provided by you. For instance, restaurant services are categorized under Class 43, and software services are categorized under Class 42.
Conclusion
The primary step is to choose an appropriate class for trademark registration, visual under which that chosen mark needs to be applied for registration. After selecting a precise class for a trademark, after that it requires the technical expertise of a legal professional. Professional guidance at Corpbiz helps you to decide the range of protection offered under a specific class or the need for registration of a brand under multiple classes.
Read our article:Process of Trademark Registration: Step by Step Guide
