Recognise Your Suitable Class for Trademark Registration

Karan Singh | Updated: Jun 04, 2021 | Category: Trademark

Trademark is a distinct or unique identification of products or services of a company, articulated by graphical representation, smell, a combination of colour, taste, text, or even by game giving full-grown meaning to a brand. Trademarks have been categorised in the goods and services under 45 different categories that are termed as classes. Each class for Trademark Registration categorises particular goods or services under which a Trademark should be searched for a specific product. Hence, it becomes crucial to pick a suitable class for Trademark Registration.

Table of Contents

What is the Meaning of Trademark Class?

Trademark is separated into 45 different classes as per the NICE Classification called International Certification of Goods & Services. Among all 15 Trademark classes, 34 Trademark classes come under the Goods section, and 11 classes come under the Service section. Each class shows a particular category of Goods and Services. At the time of Trademark Registration, it is mandatory to pick a suitable Trademark class. Trademark Search is done while picking a suitable class for Trademark Registration for goods & services. Trademark Search is the crucial step towards the registration of Trademark. Only on availability of the required Trademark under appropriate class can further go for a Trademark application process.

Is it Vital to Pick a Suitable Class for Trademark Registration?

A Trademark or Brand Name is a visual representation that can be a name, numerals, shape, signature, or combination of colours used by one undertaking on the goods or services to differentiate it from other products or services in the same marketplace originating from any different performance. The legislative necessities for Trademark Registration under the Trademark Act are:

The selected mark should be able of being represented graphically (means in the paper form);
It should be able to differentiate goods or services of one undertaking from those of others;
It should be used or concerned as a mark used in relation to goods/services to connect in the course of trade between the goods/services.

According to the Trademark Act, Trademark Registration in India aids the candidate or Trademark owner to protect their brand name or logo. It also helps to avoid duplication within the Trademarks.

How can you find the correct class for Trademark Registration?

Browse & search for the NICE Classification^[1] database;
Determine in which your Trademark class your products or services will fall;
Recognise whether Trademark applies to only one product or service or the whole Trademark class;
Select a class describing the finished product and not the ingredients.

It is enormously vital that one finds a suitable Trademark class of goods & services to safeguard their business domain. NICE Classification is the global standard classification of goods & services. It was brought into effect by the NICE Agreement in 1957. It is highly simple in using and accessing an online database of the Trademark class or NICE Classification. It provides a clear classification of goods & services.

Trademark Classification System

Based on the domain of business, one should choose the class of goods or services that is the applicable class for Trademark Registration. There are a total of 45 different Trademark classes, out of which 34 classes are for products, and 11 classes are for services.

Product Class

When a business nature is such that one can manufacture and distribute commodities or import and sell products, it will come under the product category. It could be any product ranging from stationery to cars to confectionery products. For instance, for a vendor of stationery items, the Trademark class may be suitable for Class 16, or the manufacturer of readymade clothes, it can be Class 25.

Products:

Class 01: Chemicals;
Class 02: Paints, Coatings & Pigments;
Class 03: Cleaning Products, Bleaching & Abrasives, Cosmetics;
Class 04: Fuels, Industrial Oils and Greases, Illuminates;
Class 05: Pharmaceutical, Veterinary Products, Dietetic;
Class 06: Metals, metal castings, Locks, Safes, Hardware;
Class 07: Machines and Machine Tools, Parts;
Class 08: Hand Tools and implements, Cutlery;
Class 09: Computers, Software, Electronic instruments, & Scientific appliances;
Class 10: Medical, Dental Instruments and Apparatus;
Class 11: Appliances, Lighting, Heating, Sanitary Installations;
Class 12: Vehicles;
Class 13: Firearms, Explosives and Projectiles;
Class 14: Precious Metal ware, Jewellery;
Class 15: Musical Instruments and supplies;
Class 16: Stationery items, Paper, Items made of Paper;
Class 17: Rubber, Asbestos, Plastic Items;
Class 18: Leather and Substitute Goods;
Class 19: Construction Materials (building – non-metallic);
Class 20: Furniture, Mirrors;
Class 21: Crockery, Containers, Utensils, Brushes, Cleaning Implements;
Class 22: Cordage, Ropes, Nets, Awnings, Sacks, Padding;
Class 23: Yarns, Threads;
Class 24: Fabrics, Blankets, Covers, Textile;
Class 25: Clothing, Footwear and Headgear;
Class 26: Fancy Goods, Sewing Notions, Lace and Embroidery;
Class 27: Carpets, Wall, Linoleum, and Floor Coverings (non-textile);
Class 28: Games, Toys, Sports Equipment;
Class 29: Foods – Fish, Meat, Dairy, Processed & Preserved Foods;
Class 30: Foods – Bakery Goods, Ice, Spices, Confectionery;
Class 31: Fresh Fruit & Vegetables, Live Animals;
Class 32: Beer, Ales, Soft Drinks, Carbonated Waters;
Class 33: Wines, Spirits, Liqueurs;
Class 34: Tobacco, Smokers Requisites & Matches.

Service Class

When the business nature is such that one can provide services to the clients or independent of any goods/products that may or may not be sold, it comes under the service category. It could be various services like financial advisory services, installation services, or any other services furnished by you. For example, restaurant services are categorised under Class 43 and software services are categorised under class 42.

Services:

Class 35: Advertising and Business Consulting;
Class 36: Insurance and Financial;
Class 37: Construction, Repair, and Cleaning;
Class 38: Communications;
Class 39: Transport, Utilities, Storage and Warehousing;
Class 40: Materials Treatment, and Working;
Class 41: Education, Amusement, Entertainment, and Reproduction;
Class 42: Scientific and technological services along with the research & related design;
Class 43: Services for supplying food and drink; also consists of the offering of temporary accommodations;
Class 44: Veterinary services; Medical services; hygienic & beauty care for human beings and animals;
Class 45: Personal and social services that are provided by others to serve specific individual needs.

Conclusion

The crucial step is to pick a suitable class for Trademark Registration, visual under which that choose mark requires to be applied for Trademark Registration. After selecting a particular class for Trademark Registration, it requires a legal expert’s technical expertise. Professional guidance helps you to decide the protection range provided under a specific class or the need for Trademark registration under multiple Trademark Classes.

Read our article:An Overview of Trademark Litigation on Infringement & Passing-Off

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.