As a manufacturer or provider of goods and services that you yourself have created, it is important for you to create your retain your identity and the goodwill you will have worked so hard to attain. Sometimes, your competitors may attempt to take credit for your creations or pass them off as their own. In such a case, the biggest tool in your arsenal is trademark registration. In fact, trademark registration is not just a good tool to fight back in cases of infringement, it is also a means to prevent any fight or conflict.
When a person uses a symbol to register and protect their intellectual property, it is known as trademark registration. To register your trademark, you can use anything from a name, device, a word and label to even a set of numerals. Registering your trademark helps to protect you from products or services that can come in the future and are similar or identical to what you own. They are used to distinguish your own identity and the identity of your goods and services as unique.
TRADEMARK CLASSIFICATION
Goods and services can be classified into various classes. The Trade Mark Rules, 2002 provide for the Fourth Schedule which contains a total of 45 classes. Out of these 45 classes, 34 classes are for classification of goods and products whereas 11 classes are for classification of services.
CLASSES OF GOODS AND PRODUCTS
1. Chemicals: Used in industry, photography, horticulture, agriculture, forestry, science. Includes artificial resins and plastics when unprocessed, manures, preparations for soldering and tempering, substances for tanning, etc.
2. Paints
3. Cosmetics and Cleaning reparations
4. Lubricants and Fuels
5. Pharmaceuticals: Includes sanitary and veterinary preparations, dietetic substances, plasters and other materials for dressings, disinfectants, herbicides, fungicides, etc.
6. Metal Goods
7. Machinery: Includes motors and engines except for land vehicles.
8. Hand Tools
9. Electrical and Scientific Apparatus: Scientific, surveying, photographic, optical, measuring, checking, teaching, instruments, nautical, electric, cinematographic, weighing, signalling and life-saving apparatus. Also includes apparatus for recording, or transmitting sound and images, magnetic data carriers, etc.
10. Medical Apparatus
11. Environmental Control Apparatus
12. Vehicles
13. Firearms: Including ammunition and fireworks.
14. Jewellery: Precious metals and their alloys including precious stones, chronometric and horological instruments.
15. Musical Instruments
16. Paper Goods and Printed Matter: Cardboard and paper, printed material, materials for bookbinding, stationery, photographs, adhesive for various purposes, paint brushes, office requisites and typewriters, material required for teaching and instructions, printing blocks, playing cards, etc.
17. Rubber Goods: Gutta-percha, asbestos, gum, mica, plastics, materials for stopping, packing or insulation, pipes that are flexible and not made of metal.
18. Leather Goods: Includes leather imitation and their goods, animal skins, trunks and travelling bags, hides, umbrellas, walking sticks, parasols, whips, saddlery and harness.
19. Non-metallic Building Materials
20. Furniture and Articles Not Otherwise Classified
21. Housewares and Glass: Utensils, containers, combs, brushes, sponges, materials for making brushes, cleaning articles, semi or unworked glass, steel wool, earthware or porcelains.
22. Cordage and Fibers: Includes ropes, nets, awnings, sails, bags, strings, tents, tarpaulins, sacks, raw fibrous materials for textiles and stuffing and padding material which does not include rubber or plastics.
23. Yarns and Threads: For textile related use.
24. Fabrics: Textile goods and textiles that have not been included in any other class., including covers for beds and tables.
25. Clothing: Including headgear and footwear.
26. Fancy Goods
27. Floor Coverings: Carpets, mats, rugs and matting, materials for covering floors and non-textile wall hangings.
28. Toys and Sporting Goods: games, playthings, sporting and gymnastic goods that have not been included in any other classes, and Christmas tree decorations.
29. Meats and Processed Foods: Meat, poultry, game and fish, extracts from meat, preserved, cooked and dried vegetables and fruits, jellies, fruit sauces, jams, eggs, milk products and milk, edible fats and oils.
30. Staple Foods: Coffee, cocoa, tapioca, artificial coffee, tea, sugar, sago, preparations made from bread, confectionery, pastry, cereals and honey, yeast, salt, vinegar, condiments, ice, spices, sauces, mustard, baking soda, treacle, etc.
31. Natural Agricultural Products: Agriculture, forestry and horticulture grains and products that may not have been included in other classes. Also includes live animals, fresh vegetables and fruits, natural flowers and plants and their seeds and foodstuff for animals.
32. Light beverages
33. Wines and Spirits
34. Smokers’ Articles: Including tobacco and matches.
CLASSES OF SERVICES
35. Advertising and Business: Including office functions and administration.
36. Insurance and Financial: Including real estate and monetary affairs.
37. Building, Construction and Repair: Including installation services.
38. Telecommunication
39. Transportation and Storage: Packaging, storage and transportation of goods, including arrangement for travel.
40. Treatment of Materials
41. Education and Entertainment: Providing training and education along with entertainment and other cultural and sports activities.
42. Computer and Scientific: Technological and scientific services including research and design related to it. Research and analysis related to industries. Development and designing of hardware and software for computers.
43. Hotels and Restaurants: Services for providing temporary accommodation, food and drinks.
44. Medical, Beauty and Agricultural: Including veterinary, beauty and hygiene care for animals and humans and also horticulture, forestry or agricultural services.
45. Legal, Security and Social: Legal services, social or personal services to meet individual needs and security services for the protection of individuals and property.
Trademark law in India can be difficult for everybody to follow and apply. The process of trademark registration in India can become confusing. At Company Vakil, we cater to all your trademark related needs. Our employees are well versed in the law of trademark and the trademark registration process. Our team also includes experts who can help you out with all your needs and make your experience extremely easy and hassle-free.
