Search Trademark Class




Introduction to Classification of Trademark

When you are planning to apply for Trademark for your business name or logo or any other intellectual property (IP), it is important to choose the right Trademark Class.

Choosing the right Trademark class in your trademark application is important as your trademark registration will protect you only against the applied class. Identifying the perfect fit of trademark class can be a strenuous task for many entrepreneurs. There are many types of trademark classes for goods and services.

RECOGNIZE THE PERFECT FIT OF TRADEMARK CLASS

Understanding trademark classes can be a tricky job up your sleeve. There are about 45 trademark classes, out of which 34 belongs to Goods and 11 belong to services. You cannot choose a trademark class just by the class name. It includes many other products or services apart from the one mentioned in the class name.

For Example-

CLASS 25-CLOTHING- also consists of readymade dresses, socks, shoes, t-shirts

CLASS 29-MEAT, FISH, POULTRY- also consists of milk, potato chips, jam

CLASS 30- COFFEE, FLOUR, RICE- also consists of ice cream, cereal, popcorn,spices

You cannot apply for trademark for both goods and services under one trademark class. Hence if you sell coffee bean bags to groceries you need apply trademark under class 30 as you are selling a product. When you operate a coffee shop, you are offering service under Class 43- FOOD SERVICES. When you sell roasted coffee beans at your coffee shop, then you need to apply trademark for both product and service.

The first thing you need to do before you apply for trademark is to finalize the list of products or services for which you are going to apply for trademark registration. The next step is to identify the correct trademark class for the products or services in the trademark application. Your goods or services will be protected against the applied trademark class only.

FOR EXAMPLE

A furniture manufacturer has got trademark registration under Class 20- FURNITURE. His handcrafted chairs and tables will be protected under trademark registration. But when he makes and sells spoons, this product comes under Class 21-HOUSEHOLD UTENSILS. To protect spoons, the entrepreneur has to apply separate trademark registration under CLASS 21.

HOW THE RIGHT TRADEMARK CLASS CAN HELP YOU?

The identification of right trademark class can help you in 2 significant ways

• Offer proper guidance for trademark registration

• Identify any trademark infringers

Trademarks that are quite similar under the same class or similar class often get rejected.

FOR EXAMPLE- ‘Amul’ ice cream bars and ‘Amul’ soap bars can both be registered trademarks. The consumers may not misread that they are from the same source as both the products are unrelated.

The registrar of trademarks can easily identify similar trademarks of goods and services with trademark class. A similar trademark under the same class may not be rejected if the products are unrelated.

FOR EXAMPLE- CLASS 2 – COSMETICS & CLEANSERS- Eyetex kajal and Eyetex floor cleaner is unlikely to be understood they are from same source.

Products or services from different class can be confusing too- Example- Potato chips (Class 29) can be confusingly similar to Popcorn a snack food (Class 30) as both are a snack

Though trademark class eases the process of registration, it also helps the trademark owner to keep track of any infringers.

WHAT HAPPENS IF YOU CHOOSE WRONG TRADEMARK CLASS?

A wrong trademark class can lead to rejection of your trademark application. There will not any refund of your registration fees. It costs you time, effort and money.

When you are using a trademark under wrong class, you could unwittingly be infringing upon someone’s trademark. The trademark office may also grant trademark rights to your competitor to register for similar mark when you are registered under wrong class even though you are a senior.

Transfer or amendment of trademark class is not allowed. You need to get new trademark registration to protect your business name, logo, product or services.

We understand that it is not an easy task to select the right trademark class. A thorough trademark search can help you find similar trademarks for similar products and services. It is advisable to seek professional help of trademark attorney.

Talk to our Attorneys to decide on right trademark class. Get answers for your queries on trademark class. Avoid rejection of your trademark application with the help and guidance from Intellectual Property Attorney.

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