A trademark is an intellectual property right that gives its owner exclusive rights to a logo, name, or design distinguishing a product or service from its rivals. As a result, trademark registration is critical for establishing a brand identity for your company. The several types of trademark classes and the advantages of trademark registration will be discussed in this article.
Here’s a quick rundown of everything you need to know.
A trademark is generally any design, phrase, or symbol that aids customers in recognizing products and services. If a company does not have a valid trademark, other firms may use its name or logo without permission, causing problems. On the other hand, a registered trademark can assist in protecting a company’s name, logo, or brand from being stolen.
What are the benefits of a registered trademark in India?
The benefits of trademark registration for business owners are as follows:
- Allows firms to freely sell and promote their business by helping to safeguard their logo or name from infringement and misrepresentation.
- Assists in the development of intellectual property, which is an intangible asset for the business.
- Your company can initiate a civil or criminal lawsuit if a third party infringes on your intellectual property.
- Allows companies to build and increase their goodwill and credibility.
Related read: Easy Guide To Trademark Registration Process In India
What Are the Different Types of Trademarks?
- Trademarks for business services that aid in the protection of businesses in the service industry. Hoteliers, healthcare providers, transporters, couriers, and retailers commonly utilise this method to safeguard their brand identity.
- A collective is a collection of persons who seek trademarks. This trademark enables a group of firms to gain protection and make the public aware of different aspects of their product.
- These trademarks aid in the definition of a product’s or item’s standard. It assures customers that a product has passed the necessary testing and is of high quality. Electronics businesses utilise it the most to determine the quality of their products.
- Trademarks that are distinguishable from others and gain recognition due to this distinctive trait. It includes:
- Design trademark used as a logo
- Musical notes or guitar tones are protected by Sound trademarks.
- Colour trademark for a colour that serves as the distinctive feature of a trader
- A Smell trademark protects a variety of fragrances and deodorants.
What Are Trademark Classes?
The nature of the product or service for which the applicant seeks to register a mark determines the trademark class. There are 45 different trademark classes in India, according to the Trademark Act.
These classes assist applicants in avoiding future trademark objections and allowing for a smooth and simplified registration process. 34 out of the 45 trademark classes offered are for product trademarks, while the remaining 11 are for service mark registration.
Related read: Copyright Vs. Patent Vs. Trademark: Which One Is Right For You?
Applicants may submit a trademark application under one or more classes that pertain to their product or service. They must submit Form TM-1 if they choose to file under a particular trademark class. Applicants must, however, file Form TM-A when filing for a collective trademark.
Following are the different types of Trademark Classes:
|1 – Chemicals||15 – Musical instruments||29 – Meats and processed foods|
|2 – Paints||16 – Paper goods||30 – Staple foods|
|3 – Cosmetics and cleaning solutions||17 – Rubber goods||31 – Natural agricultural products|
|4 – Lubricants and fuels||18 – Leather goods||32 – Light beverages|
|5 – Pharmaceuticals||19 – Non-metallic building materials||33 – Wines and spirits|
|6 – Metal goods||20 – Furniture and other unclassified articles||34 – Smoking articles|
|7 – Machinery||21 – Housewares and glass objects||35 – Advertising and business|
|8 – Hand tools||22 – Cordage and fibres||36 – Insurance and financial|
|9 – Electrical apparatus||23 – Yarns and threads||37 – Building, construction and repair|
|10 – Medical apparatus||24 – Fabrics||38 – Telecommunication|
|11 – Environmental control apparatus||25 – Clothing||39 – Transportation and storage|
|12 – Vehicles||26 – Fancy goods||40 – Treatment of materials|
|13 – Firearms||27 – Floor coverings||41 – Education and entertainment|
|14 – Jewelry||28 – Toys and sporting goods||42 – Legal, scientific and computer services|
|43 – Hotels and restaurants|
What are the 5 things you should know before selecting Trademark Classes?
Here’s a brief rundown of the considerations that business owners should make before deciding on a trademark:
- Trademarks must be memorable, straightforward, and clear to have the most effect on customers’ minds. As a result, instead of using complex terms that are difficult to spell and remember, choose short and simple words and names.
- To avoid trademark infringement, make sure you come up with distinctive and legitimate names for your company. It’s never a good idea to plagiarise a successful company’s name or logo since this might lead to legal problems.
- Avoid trademarking proper nouns and geographical names since no one can own a monopoly on such widely used terms.
- You must do a trademark class search before filing for registration to guarantee their mark is distinct. This will help you verify that you are filing the registration under the correct trademark class.
- Trademarks, unlike patents, do not have an expiration date. The applicant may seek to renew the trademark after 10 years has passed, resulting in an extension of protection. It will not expire unless the applicant fails to renew their trademark. This procedure can be repeated forever.
Trademark registration is an essential element of every company’s branding strategy. The receiver has many advantages by registering a mark in a specific trademark class. Not only will you gain exclusive rights to the mark, but it will also make it easier for businesses to expand their brand. As a result, knowing trademark classes and selecting the appropriate one is critical for each organization.
How can we help you?
Nowadays, most business owners rely on third-party service providers to search the trademark classes list and file applications on their behalf.
Our dedicated team of expert professionals will help you every step of the way, right from running a comprehensive search for your trademark to selecting the most beneficial trademark class for your brand.