Trademarks are one of the many ways in which intellectual property is protected, both in India and across the world. It is some sort of sign which can be represented graphically, and which is meant to distinguish the goods and services of one person from similar goods and services manufactured or provided by others. Hence, a trademark is distinct and it’s main purpose is to identify a product as coming from a particular producer to protect their reputation in the market.
Any person, company, or legal entity can apply for the registration of a trademark, whether they have been using it for a long time already, or propose to use it in the future. The registration of a trademark is the way of safeguarding it; once a trademark has been registered then no other person can sell goods or services under that trademark without authorization. Unauthorized use of a registered trademark will incur a penalty. Therefore, it is necessary for every person to register their trademark.
In order to apply for the registration of a trademark, one is required to apply to the Trade Marks Registry of India. The initial stage of this application involves the filing of form TM-1. This is a form which asks for a number of details, including the details of the trademark itself and the proprietor of the same. However, one of the essential details which must be accurately filled in the application form is the Trademark Class. It is essential that this section is filled correctly, and the meaning of this section will be explained presently.
The Trademark classes are a list of about 45 categories of goods and services, mentioned under the Fourth Schedule of the Trade Marks Act, 1999. All goods and services produced must fall under one of these classes and the registered trademark will apply only to that particular lass of goods. As mentioned before, one of the purposes of registering a trademark is to prevent other people from producing similar goods and placing false labels on them, and so that consumer have a clear idea of who has produced a certain good. For this reason, a trademark is granted only in a certain class.
This basically means that a trademark is granted only against goods and services of a particular class and not for the entire marketplace as a whole. For example, Class 5 is pharmaceuticals and includes drugs which won’t get people in trouble in rehabs at https://www.discoverynj.org/treating-you-and-your-addiction-with-care/. If someone apples for a trademark to be registered under Class 5, then no other producer of pharmaceuticals will be allowed to produce pharmaceuticals under the same name/logo. However, it will not prevent a producer from selling, say, a necklace under the same logo since that will fall under Class 14 which is jewelry. The trademark which was registered under Class 5 is valid only for that type of goods, i.e., pharmaceuticals.
The Trademark Registry has classified the goods and services in accordance with the internationally-accepted Nice Classification of Goods and Services. Under the classification, there are exactly 45 Classes altogether. Classes 1 to 34 are meant for different types of goods and Classes 35 to 45 are meant for services. It is essential to categorize your good or service in one of these classes at the time of registering for your trademark. However, if the mark is being used on a variety of products then one may file for registration of the trademark under more than one class.
A list of all the trademark classes, as well as explanatory notes for the same may be found here
It is extremely important to understand the trademark classes properly and ensure that your application for a trademark is filed under the correct one, else it can affect the overall usage of the trademark itself. Hence, the classification of goods and services under the Trade Marks Act, 1999 is very important.
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Author: This blog is written by Ms. Sweta Pochiraju, student of National Law University-Delhi, a passionate blogger & intern at Aapka Consultant.
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