In this competitive market, Trademark registration is essential for every business to save its brand reputation. Trademark can be a sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. To register a Trademark in the name of any Person (Natural or Artificial), such person (himself/through his Trademark agent) shall file its Trademark in different class as prescribed by Trademark department.
WHAT IS TRADEMARK REGISTRATION CLASS?
On the basis of nature of activities performed by a business, Trademark department has prescribed the Trademark Registration Classes. nature of activities performed by a business includes –
· Manufacturing of Products by the Company
· Purchase or sale made by the company
· Services provided by the Company
THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002, has prescribed total 45 (Forty-five) Trademark Registration Classes which is broadly classified in two parts,
Part 1: Classification of Good (34 classes)
Part 2: Classification of services (11 classes)
The Proprietor has to select the respective classes in which their nature of activity falls. Please note that separate application is required for each identified class.
Click here to check the list of Trademark Registration Class as prescribed by The Fourth Schedule to Trade Marks Rules, 2002
HOW TO CHECK THE TRADEMARK CLASS?
1. Visit https://ipindia.gov.in/trade-marks.htm
2. Click on Public Search tab then it will redirect you to the following page
3. Click on Class details and you will be redirected to the following page
4. Now, you can search your Trademark Registration Class on the basis of the nature of activities carried on by your business. Just enter the name of the good and services in which your business deals with and you will find a list of applicable classes for your business.
Once the Proprietor identifies the classes in which their activities fall. Now, the proprietor may apply for Trademark Registration by following the procedure mentioned below:
1. Choose a Trademark: Choosing a trademark is the foremost step before Online Trademark Registration. The selected trademark should be unique, non-descriptive, and different. It should not be already registered in the records of trademark registry by some other applicant. A Trademark may be a Word, Device, Monogram, or combinations of them in all ideal cases.
2. Trademark Search Report: Although the Trademark you have selected is unique, however if the Trademark Department finds the mark as deceptively similar to already registered Trade Mark, the examiner may refuse to register such mark. Therefore, an in-depth Trademark Search, prior to the submission of TM application (TM-A), is important. For Trademark search through the online portal of Government of India the following link can be used https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
3. Application for TM Registration: A proprietor may proceed further, once he is satisfied with the TM search report. He can apply for TM Registration in Form TM-A. A Proprietor in TM application can be an Individual, a startup, a SME, or others.
The application shall be signed either by:
· A Proprietor (in case proprietor is other than Individual – By its Authorized Representative);
· A Legal Practitioner; or
· A Registered Trademark Agent
Documents to be submitted along with Form TM-A (erstwhile TM-1):
· KYC of the Proprietor/Partner/Director- PAN/Aadhar/Passport
· Certificate of Incorporation (in case of a Company or LLP)
· Udyog Aadhar/Udyam Registration Certificate (In case of MSMEs)
· Logo of the Brand (if any)
· Power of Attorney – In case TM is applied by Trademark Agent or Attorney
4. Examination of Trademark Application:
· Once the Proprietor submits the application for TM registration to TM Department, the Registrar of Trade Marks examine the application and make an Examination Report.
· It is on the discretion of TM Department, either it may accept the application or mark objection as per the merit of each case.
· After scrutiny of submitted TM application, the TM Department issue an Examination Report.
· Where the application is accepted by the TM Department, it is sent for Publication in TM Journal and status changes from Accepted to Accepted & Advertised.
· If the Examination Report contains objections under Section 9 or/and 11, a Reply to Examination Report is to be submitted within one month from the date of receipt of this Examination Report, to satisfy the Registrar as to why the Applications should be marked as Accepted. The applicant may skip the Reply route instead of filing the Reply to Examination Report may also request directly Hearing skipping the Reply route.
· If the Examiner is not satisfied with the reply filed by the applicant, a show cause hearing can be requested. On the other hand, if the Examiner is satisfied and believes that the trademark should be registered, he will publish it in Trademark Journal.
5. Show Cause Hearing: If the Reply to the Examination Report is not satisfactory, the Trademark Department will mark the application as ‘Ready for Show Cause Hearing’. The applicant has the right to attend the Hearing or may authorize his Trademark Agent/ Attorney to attend the same. The date of hearing will be intimated by the TM Department to the applicant’s registered E-mail. The hearing can be attended either physically or through video conferencing.
6. Publication on Trademark Journal: If the application is Accepted by the TM Department, the proposed mark is published in the trademark journal. The public have an opportunity to Oppose the published Trademark within four months from the date of publication. The public may oppose, if they find that such Trademark, once registered, will affect their brand and its reputation. The Opposition is filed in Form TM-O and The Applicant has to file a Counter Statement with reply to the Opposition within 2 months from the date of opposition.
7. Trademark Registered: If there are no objections or oppositions to the application (or set aside-if any), the Trademark Registration Certificate is issued by the TM Department. The applicant can use the symbol ® next to the logo/brand name.
We have tried to cover every aspect of Trademark Registration Class. If you still have questions pertaining to Trademark Registration Class or in any aspect related to Online Trademark Registration which is not covered in this article as you find it too technical with lengthy procedure, we will make it easier for you. Compliance Calendar LLP have a dedicated team of Professionals who are experts in the field of IPR Laws. Contact us on info@ccoffice.in or ping us at 9988424211 and we will be happy to assist you in all aspect from Preparation of TM Search Report till the Registration of your Trade mark at IP India Portal www.ipindia.gov.in
