How to Choose Correct Trademark Class for Trademark Registration in India
Khushboo Priya | Updated: Apr 25, 2019 | Category: Trademark
Every business owner who is willing to obtain trademark registration should know in which Trademark Class his/her products or services fall. In the case, you aren’t aware of what trademark classes are; let us tell you that trademark classes are the classification of the trademark in various categories required in the process of trademark registration.
Without a trademark class, you can’t obtain a Trademark registration. Besides, if you chose incorrect trademark class, it may create problems in the future. Hence, we recommend you to first acquaint yourself with the knowledge of trademark classes and then proceed for trademark registration.
What is Trademark class?
Trademark class is the classification of products and services on the basis of which one can file the trademark application. Therefore, the primary requirement for filing an application for trademark registration in India is to discover the trademark classes of the products or services.
Furthermore, the trademark classes of products and services let people conduct a trademark search. Therefore, the applicants who wish to apply for trademark registration can choose the appropriate trademark classes under which their products or services fall.
Why is it essential to choose the right trademark classes in India?
It’s pivotal to choose the right trademark class because with a wrong one you won’t be able to register a trademark. And if somehow, you manage to get it registered then later you can’t change your registration name to a different one or can’t switch it from a good to service or vice-versa. Therefore, it’s quite imperative to select the right class.
The Trademark Act for classification of Trademark Classes
Section 7 of the Trademark Act, 1999 administers the trademark classes and specifies that the Registrar must classify goods and services on the basis of the international system of classification of goods and services for trademark registration.
The concept behind this is to offer a clear-cut structure to the intellectual property rights granted by the Trademark Registration. Further, it was made possible by using a universally standard classification system known as the Nice Classification.
The Nice Classification is an international classification system, administered by WIPO (World Intellectual Property Organization) to allot Trademark classes to goods and services for the registration of trademarks.
Additionally, the NICE classification includes Class heading, Explanatory notes, and Alphabetical lists of goods and services. Functions of all are described below:
- Class heading: describes the natures of goods and services in each of the classes.
- Explanatory notes: describes the types of products and services.
- Alphabetical lists of goods and services: sets out specific items of goods and services in alphabetical order and appropriate class.
After the amendment of Indian Trade Mark Rules 2002, Trade Mark Rules (amended) Rules, 2010 came into force with effect to adopt the ninth edition of Nice classification in the Fourth Schedule. However, additional service classes i.e. 43-45 was been added later from May 20, 2010.
Trademark classes, for goods, range from Class 1 to Class 34. However, for services, the trademark classes range from Class 35 to Class 45.
How to choose the correct trademark class?
As of now, you might have understood the significance of Trademark classes for trademark registration. But the question arises, how will you ensure that you have chosen the right class? Let’s find out-
- Browse and search for the Nice Classification Database
In the Nice Classification database, you can find the list of trademark classes which will help to decide which class your product or service falls in.
- Find out whether your offering is a product or service
For choosing the right trademark classes, firstly, you must identify whether the item you offer falls under the category of goods or services. We all know that goods/products are items that have a physical existence; however, services are activities that you perform for other people or customers.
- The whole company, or just one product or service
Choosing correct trademark classes for your brand means you must know whether the trademark applies to your whole business such as the company logo and name or if it applies to specific products or features.
- Choose a class describing the finished product, and not the ingredients
Suppose you want to sell knitted sweaters, therefore, you must choose class 25 for clothing and not class 23 which is for yarns and threads.
Trademark Class List India
The trademark classes are categorized into two categories which are further divided into 45 different classes.
Trademark class for Goods
There are, in total, 34 trademark classes for goods or products. A description of the same is as below:
|Class 1||Chemicals used in photography, industry, tanning and adhesive substances, forestry, unprocessed artificial resins, etc.|
|Class 2||Lacquers, printing, paintings, coals & pigmentation, art, etc.|
|Class 3||Cosmetics, bleach, cleaning products, abrasives, laundry products, oils, etc.|
|Class 4||Industrial oil, fuels, greases, wetting & binding compositions, illuminates, wicks, etc.|
|Class 5||Pharmaceuticals, dietetic, dental wax, herbicides, fungicides, veterinary products, etc.|
|Class 6||Hardware, metal castings, common metal & their alloys, locks & safes, building material (metal), etc.|
|Class 7||Incubators for eggs, machine and machine parts (except for land vehicles), etc.|
|Class 8||Implements and hand tools, razors and cutlery, etc.|
|Class 9||Calculating machines and data processing equipment, cash registers, magnetic data carriers, teaching apparatus, etc.|
|Class 10||Medical, surgical, and dental apparatus, artificial limbs, eyes teeth, etc.|
|Class 11||Apparatus for lighting, heating, cooking, refrigerating, steam generating, dying, etc.|
|Class 12||Apparatus for locomotion by air, land, and water|
|Class 13||Ammunition, explosives, firearms, fireworks, etc.|
|Class 14||Precious metal and their alloys, jewelry, products in precious metals, etc.|
|Class 15||Musical instruments and supplies, etc.|
|Class 16||Stationary items, paper, items made of paper, cardboard, bookbinding, etc.|
|Class 17||Gum, rubber, mica, asbestos, and goods made from these items|
|Class 18||Leather and imitations of leather, etc.|
|Class 19||Non-metallic rigid pipes for buildings, pitch, asphalt, and bitumen, etc.|
|Class 20||Furniture of wood, Picture frames, mirrors, cork, reed, cane, etc.|
|Class 21||Brush making material, household and kitchen utensils, items for cleaning purposes, etc.|
|Class 22||Ropes, nets, sails, strings, sacks and bags, and fibrous textile materials, etc.|
|Class 23||Threads and yams for textile uses|
|Class 24||Textile and textile items|
|Class 25||Footwear, clothing, and headgear|
|Class 26||Sewing notions, lace & embroidery, fancy goods|
|Class 27||Rugs, wall hangings, non-textile carpet, linoleum, and other items used for covering floors|
|Class 28||Game and playing items, and other sporting items not covered in any other class, Christmas decorations|
|Class 29||Jams, eggs, poultry items, edible oils, etc.|
|Class 30||Tea, coffee, sugar, rice, cocoa, tapioca, spices, etc.|
|Class 31||Agriculture, horticulture, and forestry grains not included in any other class. Fresh vegetables and fruits, malt, seeds, etc.|
|Class 32||Beer, non-alcoholic drinks (including juices and fruit drinks), aerated drinks, and other things used for preparing beverages|
|Class 33||All alcoholic beverages except beer|
|Class 34||Smoker’s articles, tobacco, matches|
Trademark Class for Services
Rest of the 11 trademark classes are for services. They are as follows:
|Class 35||Advertising and business consulting|
|Class 36||Insurance, finance, etc.|
|Class 37||Repair, construction, cleaning|
|Class 39||Utilities, transport, storage and warehousing|
|Class 40||Working, materials treatment|
|Class 41||Education, reproduction, amusement, entertainment|
|Class 42||Research and design, scientific and technological services, etc.|
|Class 43||Food and drink providers, temporary accommodations|
|Class 44||Medical services, veterinary services, hygiene and beauty care|
|Class 45||Legal services, social services, security services, etc.|
Hence, if you wish to seek trademark registration in India, you should first categorize your product or service in the correct trademark class. In case, you have any query, leave a comment below.
Also, Read: Checklist For Registering a Trademark in India
Thank you Khushboo, this article of yours is a great eye opener for many who are planning on registering their products or services. You have brought it to the notice of readers that choosing the right Trademark class is a very important step to be followed before registering the actual Trademark. The flowchart and the points mentioned gives a great vision into the actual advantages of choosing the right class.