Trademark Class 9: Computer, Software and Electronic Devices

The term “Trademark Class 9” denotes a group or class of the “Trademark Classes” prescribed under the Trademark Act 1999. This trademark class deals specifically with the goods, such as Computer, Software, and Electronic Devices.

In this blog, we will discuss the topic of Trademark Class 9 and the goods termed as Computer, Software, and Electronic Devices.

Concept of Trademarks in India

According to the Trademarks Act 1999, any name, design, logo, phrase, shape, color sequence, etc., which is unique in nature as well as has the capacity to separate the goods of the manufacturer from the competitors, requires to be registered as a trademark. 

Further, it is a globally accepted fact that a registered trademark works as a valuable asset for the business. Also, the goods that have a registered trademark can easily be identified by consumers. 

Moreover, it shall be relevant to state that a registered trademark has a validity of 10 years, starting from the date of registration, and the same is eligible for trademark renewal as well.

Regulatory Force for Trademarks in India

In India, the Controller General of Patents Designs and Trademarks or CGPDT has the authority to regulate and administer Trademarks. However, the Trademarks Act 1999 works as the governing law for Trademarks.

Reasons for Obtaining Trademark Registration

In India, the Trademark Registration is compulsory for the reasons as follows:

1. It acts as a “Valuable Asset” for a business;
2. Assists in differentiating products of two competitors;
3. Works as the “Shield” to protect the brand, logo, design, name, etc., from imitation, misuse, and duplication;
4. Protects the goods and services of the Trademark Holder;

Objectives of Trademark Registration

The main purpose of obtaining a Trademark Registration is to differentiate and segregate the trademarks and service marks concerning the goods and services of certain fields.

Thus, it is suggested that every service provider and manufacturer must apply for Registration under Trademark.

Concept of Classification under Trademarks Act 1999

The classes or the groups under which a manufacturer can apply for the Trademark Registration are termed as Trademark Classes.

Further, these classes are defined based on the categories prescribed in the “NICE Classification”.

At present, there are 45 different Classes of Trademark provided under the Trademarks Act 1999.

Moreover, classes 1 to 34 are known as Trademark Classes for Goods, and the remaining classes, i.e., classes 35 to 45, are considered as Trademark Classes for Services.

Further, it will be pertinent to note that at present, there are around 8000 services and goods covered under the realm of trademark Classification guide.

Significance of Trademark Classes

The significance of Trademark Classes can be summarised as:

1. It provides the basis for Trademark Registration;
2. It assists in identifying the cases of Infringement;

Tools for Online Trademark Classes

Online Trademark Tools are as follows:

TM Class Tool

This Tool had been prescribed by EUIPO or European Union Intellectual Property Office;

NICE Classification

This Tool had been prescribed by WIPO or World Intellectual Property Organisation;

Concept of Trademark Description

The term Trademark Description signifies the general explanations provided for each class of trademark. Also, the main purpose of these explanations is to provide a particular class or group for each good or service.

Concept of Trademark Public Search in India

Whenever an applicant decides to choose a correct trademark class or group for his/ her goods or services, the process he/she undergoes is termed as Trademark Public Search.

Further, the process of Trademark Public Search is known as Trademark Search, ‘TM Search, Public Search, and Trademark Public Search.

Also, the database used in this process of Trademark Public Search is termed as Indian Trademark Registry Database or ITRD.

Concept of Trademark Class 9

The term “Trademark Class 9” [1] denotes a class or group in the Trademark Classes that deals explicitly with goods concerning Computer, Software, and Electronic Devices.

Further, this class includes Computer Hardware, Computer Software, Data Storage Devices, Cables and Wires, Broadcasting Equipment, Sensors and Detectors, Calculators, Recorded Contents, Media Contents etc.

Example: Dell by Dell Inc.

Items Included under Trademark Class 9

The items included under the Trademark Class 9 are as follows:

1. Punch Cards for Office Machines;
2. Protractors;
3. Equipment and Instruments used for Scientific Research in Labs;
4. Equipment and Instruments used for Controlling Ships, such as Instruments or Machinery for measuring and transmitting orders;
5. All the Computer Programs and software despite of recording media or means of broadcasting;

Items Not Included under Trademark Class 9

The items not covered under Trademark Class 8 are as follows:

1. Game Equipment adapted for use with a monitor or exterior display screen;
2. Electro-mechanical equipment for the kitchen, such as mixers and grinders for foodstuffs, electrical coffee mills, fruit presses, etc., and some other electric motor driven instruments and equipment;
3. Electrical equipment used for space heating, heating of liquids, cooking, or ventilating;
4. Electric toothbrushes
5. Electric combs;
6. Electric razors and clippers
7. Flat Irons;
8. Control Clocks;
9. Clocks and Watches;
10. Chronometric Instruments;
11. Apparatus for Pumping or Dispensing fuels;

Related Classes for Trademark Class 9

The term Related Classes signifies a situation in which a particular good or service falls under more than one Trademark Class.

Also, classes that have a close link with the Goods specified under Trademark Class 9 are as follows:

1. Trademark Class 10 (Medical Supplies);
2. Trademark Class 16 (Paper Goods);
3. Trademark Class 28 (Games and Sporting Goods);
4. Trademark Class 35 (Advertising and Business Services);
5. Trademark Class 38 (Telecommunication Services);
6. Trademark Class 39 (Shipping and Travel Services);
7. Trademark Class 41 (Education and Entertainment Services);
8. Trademark Class 42 (Science and Technology Services);
9. Trademark Class 44 (Medical and Veterinarian Services);

Further, the concept of Coordinated Classes was coined by the United States Patent and Trademark Office or USPTO.

Furthermore, as per the United States Patent and Trademark Office, any applicant who wants to apply under class 8 of the Trademark Classes, must furnish an application in the other related classes as well.

Conclusion

In a nutshell, the concept of Trademark Classification plays an essential role in the process of Trademark Registration. Also, it is compulsory for the applicant to mention a correct Trademark Class while applying for the Registration.

However, it shall be relevant to state that even a small error or omission in the application form can make the applicant start again.

Further, all the goods concerning Computer, Software, and Electronic Devices are covered under Trademark Class 9.

Lastly, in the case of any other doubt and dilemma, reach out to Swarit Advisors, our team of professionals will help you through the process of Trademark Registration.

Read, Also: Trademark Class 8.