Author- Nandini Bhagat
INTRODUCTION
A trademark serves as the distinctive identity of a brand or company. It may take the form of words, color combinations, sounds, smells, tastes, or even a name that fully defines a brand. It may also take the form of a graphical depiction. Branding for a product plays an important role in the marketing process and requires plenty amount of research and the ability to generate unique ideas so that it has a considerable amount of protection and is free from any legal action.
Considering the logistics company FedEx as an illustration, at first the logo seems pretty simple with straightforward typographical play. But when viewed with a closer look a concealed arrow can be seen between the bottom indent of the letter “e” and letter “x.” Unique features or identity like this creates a business identity for your product and cannot be imitated by other brands in the market and is therefore protected from any unsolicited use.
For the protection of your brand logo, symbol, etc. it becomes necessary to have it trademarked and before trademark registration, it becomes necessary to know the trademark class for the product and this can be considered one of the primary steps in the trademark registration process.
TRADEMARK CLASS
If a business owner wants to get their trademark registered, they should be well aware of the trademark class that their product or services fall into. According to the International Classification of goods and services also known as the Nice Classification (NICE) distinction for a trademark, is differentiated into 45 separate classes. These trademark classifications each stand for a certain group of products and services. These classes include almost 80,000 products and services. There are now 45 trademark classes in India, as per the Trademark Act of 1999. These trademark classes make it possible for users to expedite the registration of the mark and prevent future trademark challenges. Among the trademark classes list 45 and 34 are reserved for products and the other classes are reserved for service classes.
It is very important to choose the right trademark class and terms regarding it. The trademark will be registered under the category specified by the applicant under Form TM-1 filled by the applicant. After the application is submitted the category applied cannot be altered or modified. Without having a trademark class, trademark registration cannot be obtained. Also choosing an incorrect trademark class or category create problems in the future in case of challenging another product or service in the market.
What Trademark Act 1999 tell us about the classification of trademark classes?
Section 7 of the Trademarks Act 1999 specifies and administers the trademark classification and specifies that the goods and services that are to be trademarked must be classified in accordance with the international system of classification of goods and services for trademark registration. The idea behind the above-mentioned concept is to establish a clear-cut structure for trademark registration under Intellectual property rights. Further, it has established a universal standard classification system, therefore making it an easier and more convenient process of classification. The Nice Classification is a global categorization scheme that WIPO (the World Intellectual Property Organization) uses to assign goods and services to different trademark classes for the purposes of trademark registration. Further, the NICE classification includes-
- Class heading – this category describes the nature of goods and services in each class.
- Explanatory notes– this category takes into consideration the types of goods and services.
- Alphabetical lists of goods and services– it places or alphabetically classifies the goods and services.
After an amendment made in the Indian Trademark Rules of 2002, the Trademark Rules 2010 came into force and adopted the 9th edition of the Nice classification in its fourth Schedule. Later additional service classes 43-45 were introduced. Trademark classification for commodities is from Class 1 to Class 34, however, the trademark classes for services range from Class 35 to Class 45.
Process for choosing the correct trademark class
- Search for the Data for trademark classes – Nice Classification Database
The Nice classification database will provide the list of trademark classes, to classify in which category the concerned product falls.
- Deciding between service or product.
It’s very important to classify your offer into a service or product to get a correct trademark registration. Goods or products have a physical existence, whereas services can be defined as acts done for the audience which the service is carried out for.
- To what the trademark applies?
For having a correct trademark registration, it should be ensured whether the trademark class applies to the whole company or business or just the brand name, logo, or symbol.
- Selection of a class for the final product/service
For the final step after having concrete answers regarding the product/service to be classified, we find the correct class for the offer concerned which suffice the requirement of the product or the service.
CONCLUSION
Therefore, choosing the appropriate trademark class is essential. You won’t be able to register a trademark without it. Even if you are successful in registering, you are unable to modify your registration name or change the product or service you are using. Hence, it becomes essential to pick the right class.
