Multi-Class Trademark Application: An Overview
Trademark is an Intellectual Property Right (IPR), and it can be a logo, name, symbol, word or phrase which represents a company’s product. So to protect the Trademark, you need to apply for Trademark Registration. Trademark registration provides legal protection against infringement from any unauthorized use of the registered brand name. The Ministry divides all goods and services into 45 Classes. To register the brand under the Trademark Act, one must know the right class of Trademark. It may also happen that the product comes under more than one class. It will be a boring process to file applications separately, and it’s a time-consuming process.
For example, “Unilever” is a company that manufactures various products. To safeguard the brand for all its products, it must take the Trademark Registration in all related classes. For multi-class Trademark Registration, the applicant needs to apply it in two different ways. First, an individual application in each class and second, a multi-class Trademark application. In a multi-class Trademark application, an applicant can apply for registration in more than one class in a single application. Scroll down to check more information regarding the multi-class Trademark application.
What is a Multi-Class Trademark Application?
A multi-class application is filed to get a trademark registered or service mark under two or more definite classes of products. It’s an application for Trademark in which one registers the federal Trademark application to get their registered Trademark in more than one products category.
Filing this application has its own benefits and disadvantages. But, the primary benefit is that the applicant just doesn’t have to be obligated to file too many applications. This conjointly suggests that the applicant can merely have to be compelled to take care of the single application that the applicant file. In simple, one Trademark application can help the applicant in decreasing the efforts and time the applicant may place in.
Choosing various categories may require some related prices at a later stage. Though, the multi-class Trademark application divides among the classes in which the mark is employed and, thus, the categories in which the marks aren’t used. A split in class follows up with an extra fee.
Often, it’s good to say the most potential categories if someone goes to use all the products claimed all proposed classes before six months when allowed. Otherwise, the best option is to form claims, but it may get costly with lengthening and dividing in a multi-class Trademark application for Trademark Registration, still remaining a high risk.
What are the Significant Facts of Multi-Class Trademark Application?
Following is the list of all the significant facts of multi-class application:
- Single Application: This multi-class application is considered a single application for all the applied classes. So, all the classes will be processed cooperatively.
- Rejection of Application: If any objection is raised by the third party in one of the classes which don’t get cleared, then the complete application will be rejected even if the brand can register in other classes. Another way is to divide the applications afterwards so that one can get registration in further classes. However, it will take extra time and fees.
- Fees for Trademark Application: There is no difference in the government fee for the application of the Trademark. The fees will be the same for both application and a single multi-class application. The fees are Rs. 4500/- per class for a startup or MSME (Micro, Small or Medium Enterprise) owner and Rs. 9000/- per class for further applications. Hence, there is no advantage in the multi-class Trademark application regarding the application fees.
- Easy-to-File: It will be a very boring and time-taking process to file each application individually. The information will be correct in filing a single application for several classes. It will require very minimum documentation in a multi-class application.
- Delay in Process: As it is a solo application for all classes, the complete application will come to a pause if there is a problem in any classes. For instance, the applicant files a multi-class application for five classes. The Ministry will process the complete application only when an issue with the other application gets cleared. So, if there is uncertainty regarding the brand availability in one of the classes, then it is better to file a separate application in all classes.
- Use the Trademark in Each Class: The applicant should use the Trademark in each class in which registration occurs. There is a chance that the applicant applied in different classes but didn’t carry on business in all Trademark classes. In this case, the Ministry may reject the registration. The applicant must provide enough pieces of evidence for being continuous use of Trademark in such class.
Process to File Multi-Class Trademark Application
- Trademark Search: Before registering your Trademark, it is mandatory to do a Trademark Search. This helps you determine if there are any similar marks or logos and thus permits you to avoid any future difficulties due to proceeding issues.
- Filing an Application: After completing Trademark Search, then you need to file an application for the Trademark Registration at the Trademark Office. Such offices set in Mumbai, Chennai, and Delhi.
- TM Examination: Once you fill and submit the application for Trademark, the examiner will examine the application and check for any discrepancies. The application may be accepted or not or an object.
If the application is accepted, the Trademark gets revealed within the Trademark Journal. If the application is not accepted, then the objections are declared and alongside it. To reply to the objection, the applicant has one month of time.
- Publication of Trademark: The publication of Trademark consists within the process in order that anyone who has trouble with the Trademark Registration has the option to oppose it. In this case, there is a hearing, and the decision is given by the Trademark Registrar. If there is no opposition after 3 or 4 months of application, the application for Trademark will proceed further.
- Registration Certificate: After completing all the above steps, the Trademark Registrar will issue the registration certificate.
If the product/service comes under multiple classes, then the applicant should register the Trademark under the multiple classes. Or else, others may register the same mark or name under other classes. If the name of a brand is distinct and unique, then one may apply the same by a multi-class Trademark application, and if not, then it’s better to apply it individually for all classes.
Read our article:How to Protect Internet Domain Names as a Trademark?