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Pankaj Tyagi
| Updated: 14 Jun, 2021 | Category: Trademark

Trademark Classes in India: A Brief Outlook

Trademark Classes in India

A trademark is a form of IPR i.e. intellectual property right that facilitates exclusive rights to the owner over the name, logo, or design. Thus, trademark registration is vital to building a brand for your firm. This write-up will walk you through the different types of trademark classes as well as the benefits of having the same. 

Trademark registration instills matchless credibility within the brand belong to a certain owner. Registering a mark under a specific trademark class renders various advantages to the recipient. This will not only ensure comprehensive right over the mark but also act as a stimulant for brand growth. 

What do you mean by the term “Trademark”?

Fundamentally, a trademark denotes any expression, design, or symbol that helps identify products and services. A trademark registration bestows exclusive rights to the owner over the logo, name, color, mark, or combination that enables the customer to differentiate a particular product or service from the rest. 

Henceforth, the process of trademark registration is of utmost importance for the success of the firm as it helps with branding as well as marketing. If a business does not possess registered trademarks then others may take advantage of it that will eventually lead to a dispute. However, a legal trademark facilitates comprehensive protection to the logo, name, symbol[1], or brand of the company from such mishaps. 

An Outlook on Different Types of Trademarks

Here is a quick glance at a different type of trademark available within the legal parlance of our nation. 

Service Trademarks

As the name suggests, Service Trademarks are normally obtained by firms that exist in the service sector. It is mainly used by the owner of transporters, hotels, healthcare shops, and retailers to safeguard their brand name. Such trademark classes do not encompass goods and products. 

Collective Trademark

Such trademarks are available to the group of individuals known as collective. These trademarks enable various companies to avail protection collectively & to publically share the various features of their product. 

Certification Trademark

These trademarks usually specify the standard of the specific product or item. It ensures end-users that a particular product has passed the required quality protocol and testing. Certificate Trademark is predominately used by electronics firms to assure the quality of their products.

Unconditional Trademark

Trademarks that are unique from the rest and reap recognition due to such a distinctive feature are known as Unconditional Trademarks. One can found such trademarks in the following forms; 

  • Design trademark, predominately used for the logo, such as Nike’s tick symbol. 
  • Sound trademark for a distinct soundtrack such as guitar tones or musical notes.  
  • Color Trademark for a distinct color or color combination, acting as the distinctive feature of a trader. 
  • Smell trademark used to safeguard unique fragrance. 

Read our article:An Overview on Document Required for Trademark Registration

An Overview on the Concept of Trademark Classes

Trademark classes revolve around the nature of the goods and services for which the users intend to avail trademark protection. Presently, 45 different trademark classes exist in our country as per the Trademark Act. These classes enable users to avert trademark objections in the future & permit for the streamlined registration of the mark. 

Out of an aforesaid number of trademark classes, 34 are allocated for product classes and the rest of them help with the registration of service marks. While all goods & services fall under one of these classes, each class talks about a broad range of products or services that often fail to fit your actual trademark description.

Applicants can opt for several classes of a trademark that encompass their product or service. In case if they chose to register under one trademark class, then they will need to apply via Form- TM-1. Similarly, if they opt for a collective trademark, then they have to apply via Form TM-A. 

Tabular representation of different Trademark classes in India 

Trademark Class 1 – Chemicals

Trademark Class 2 – Paints

Trademark Class 3 – Cosmetics & cleaning solutions

Trademark Class 4 – Lubricants & fuels

Trademark Class 5 – Pharmaceuticals

Trademark Class 6 – Metal goods

Trademark Class 7 – Machinery

Trademark Class 8 – Hand tools

Trademark Class 9 – Electrical apparatus

Trademark Class 10 – Medical apparatus

Trademark Class 11 – Environmental control apparatus

Trademark Class 12 – Vehicles

Trademark Class 13 – Firearms

Trademark Class 14 – Jewelry

Trademark Class 15 – Musical instruments

Trademark Class 16 – Paper goods 

Trademark Class 17 – Rubber goods

Trademark Class 18 – Leather goods

Trademark Class 19 – Non-metallic building materials

Trademark Class 20 – Furniture & other unclassified articles

Trademark Class 21 – Housewares & glass objects

Trademark Class 22 – Cordage & fibers

Trademark Class 23 – Yarns & threads

Trademark Class 24 – Fabrics

Trademark Class 25 – Clothing

Trademark Class 26 – Fancy goods

Trademark Class 27 – Floor coverings

Trademark Class 28 – Toys & sporting goods

Trademark Class 29 – Meats & processed foods

Trademark Class 30 – Staple foods

Trademark Class 31 – Natural agricultural products

Trademark Class 32 – Light beverages

Trademark Class 33 – Wines & spirits

Trademark Class 34 – Smoking articles

Trademark Class 35 – Advertising & business

Trademark Class 36 – Insurance & financial

Trademark Class 37 – Building, construction & repair

Trademark Class 38 – Telecommunication

Trademark Class 39 – Transportation & storage

Trademark Class 40 – Treatment of materials

Trademark Class 41 – Education & entertainment

Trademark Class 42 – Legal, scientific & computer services

Trademark Class 43 – Hotels & restaurants

Important Prerequisites to consider before opting for Trademarks Protection 

Here is a quick glance at the factors one needs to remember before opting for trademark protection for their business. 

  • Trademarks should not adhere to vagueness. Instead, it ought to be simple and clear so that the viewer can memorize it instantly. Thus, opt for short and succinct words because they are easily read out and attract more eyeballs. 
  • The proposed mark should be unique; it should not bear any resemblance whatsoever with the prevailing brands. Avoid imitating someone else name or logo for the sake of instant success because such acts end up in legal proceedings. 
  • Avoid applying registration for geographical names & proper nouns as no one can rights to ensure ownership over commonly used words.
  • Presently, the trademark application is available for the following items; 
    • A letter, number or sign as well as any combination of these 
    • Sound marks
    • 3-D signs or symbols
    • Logos as well as graphic designs
    • Monograms 
    • Different colors as well as color combinations

Conclusion 

While going for trademark registration, it’s better to have a basic idea of trademark classes to avoid any confusion. In case if you seek further detail on trademark classes then proceed to CorpBiz’s professional for precise and spot-on assistance. 

Read our article:How Can You Apply For Online Trademark Registration in India?

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Pankaj Tyagi

Pankaj has a diverse experience of writing research papers, blog, and articles during his college time. Earlier, he was working as a tax consultant in a financial firm, but his interest in writing drives him to pursue a career in the writing field.

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