Trademark registration and it’s importance—–
Trademark registration in India is done by the Controller General of Patents Designs and Trademark, Ministry of Commerce and Industry, Government of India. Is trademark registration in India online and easy? Yes, trademark registration in India is online and quite easy. Trademark registration in India and elsewhere is important for the following reasons-
a) Evidence that you are the owner of a trademark.
b) Gaining important asset for your business entity or firm which adds to its value and goodwill already generated.
c) Gives your company legal protection and strong rights for enforcement in case any other entity infringes your trademark, in connection to the goods/services.
d) Trademarks can be sold, assigned or licensed and its registration usually encompasses the entire territory of India.
Is trademark registration online? Yes, trademark registration is online.
Trademark classes—-
The United States Patent and Trademark Office classifies all the goods and services into 45 trademark classes- 34 for goods and 11 for services. There are numerous goods and services that fall into each class, are not always easy to decipher from class names. For example, class 25 is the class that deals with clothing, which includes aprons, dresses, t-shirts, shoes and socks. Class 29 deals with meat,fish and poultry which includes milk, meat along with jam and potato chips. Class 30 deals with flour, rice and coffee which encompasses popcorn, spices, ice-cream, cereal and coffee.
In a trademark class, goods and services can never be found together. The problem is if you sell coffee bags, then you’re selling a product that is a part of class 30. This is different from running a cafe, which is a service that uses coffee, but it comes under the purview of class 43 which specifically deals with food services. So trademark registration needs to be done for the both the classes and it varies according to the nature of business or service.
Here are the trademark classes as classified by USPTO—–
Goods—
Class 2: deals with Varnishes, Paints, and Anti-corrosion substances
Class 3: deals with Cosmetics, Hair Oils and Lotions, and Cleaning Preparations
Class 4: deals Greases, Lubricants, and Fuels
Class 5: deals Pharmaceutical, Medical, and Sanitary Preparations
Class 6: deals with Goods of Metals and Alloys, Ironmongery and Hardware Products
Class 7: deals with Equipments and Machineries
Class 8: deals with Hand-operated Devices and Tools
Class 9: deals with Scientific, Electrical, and Technological Apparatus
Class 10: deals with Medical and Surgical Instruments and Apparatus
Class 11: deals with Heating, Cooling, Drying, and Refrigerating Apparatus
Class 12: deals with Land, Air, and Water Vehicles
Class 13: deals with Explosives and Firearms
Class 14: deals with Precious Metals and Stones, and Jewelry Items
Class 15: deals with Diverse Musical Instruments
Class 16: deals with Paper Goods, Stationery Products, and Printed Materials
Class 17: deals with Rubber and Plastic Goods and Products
Class 18: deals with Products made of Hides and Leathers
Class 19: deals with Various Non-Metallic Building Materials)
Class 20: deals with Furniture, and other precious household Articles
Class 21: deals with Kitchen Utensils, Household Appliances and Glass products
Class 22: deals with Ropes and Cordage, Fibers, and Stuffing materials
Class 23: deals with Threads and Yarns for uses in textiles
Class 24: deals with Textiles and Fabrics
Class 25: deals with Apparels and Clothing
Class 26: deals with Fringes and Fancy Goods and Products
Class 27: deals with Floor Coverings and Wall Hangings
Class 28: deals with Toys, Sporting, and Sports Goods
Class 29: deals with Meats and Processed Food Items
Class 30: deals with Auxiliary Food and Beverage Items
Class 31: deals with Agricultural and Horticultural Products
Class 32: deals with Beers, Light Beverages, and Fruit Juices
Class 33: deals with Wines and Spirits
Class 34: deals with Tobacco Products and Smokers’ Articleswww.CompanyVakil.com
Services—
Class 36: deals with Insurance and Financial Services
Class 37: deals with Building, Construction and Repair Services
Class 38: deals with Telecommunication Services
Class 39: deals with Transportation and Storage Services
Class 40: deals with Treatment of Materials Services
Class 41: deals with Education and Entertainment Services
Class 42: deals with Computer, Scientific and Legal Services
Class 43: deals with Hotels and Restaurants Services
Class 44: deals with Medical, Beauty, and Agricultural Services
Class 45: deals with Personal and Social Services Services
Importance of trademark classes—–
There are two primary functions of trademark classes-
a) Gives guidelines for trademark registration- Trademark registration will not be done by USPTO that is similar or deceptively similar to the already registered trademark. For example, Lee jeans and Lee pancakes can be both have trademark registration because they are so dissimilar to each other. There is a very low chance that anybody would think that it came from the same source.
b) Identification of potential trademark infringers- Trademark classes will help registered trademark owners to search and monitor new trademark applications which also helps in the identification of potential trademark infringers.
What happens if a wrong trademark class is chosen?
Choosing a wrong trademark class can yield negative consequences. The trademark office may deny trademark registration and in certain cases you may not get the registration fee back.
Choosing a wrong trademark class can also land you up in trouble after the trademark registration is done. If you are using a good or service for which you have no legal registration, then that results in infringing someone else’s trademark. The USPTO can also give a green signal to your competitor to register a similar trademark in the class you ought to have registered in, which ultimately gives them superior trademark rights in that class.
If occurs to you later that you registered in a wrong trademark class, you cannot switch to another one later one. A new trademark registration will be needed, because it is impossible to switch between goods and services as well.
Choosing the right trademark is necessary though it’s not always easy. After conducting a trademark search, you will be able to understand how similar products and services have been classified, and will help you find registered marks that may be quite similar to yours. For additional help, seeking the advice of a trademark attorney is always advisable.
For further information refer Company Vakil experts.
