A trademark is a legal protection for the brand image which cannot be imitated or reused without permission from its actual owner. Trademarks can be applied to text, sound, symbols, phrases, designs, names, or for any color pattern to distinguish them from others.
It takes years for a brand to establish a reputation in the market, in the way trademarks work closely in building a network for business or recognition of the product /service. Trademarks can be made more explicit by adding trademark classes to them. Trademark classes clear the distinct use of trademarks and the product category to which they belong.
With lakhs of products/services and their counterfeits in the market, it is essential to select the right trademark class/classes applicable after doing a proper trademark name search during the trademark registration process. There is limited protection granted under the Trademarks Act if a trademark is registered without proper classification. Also, an application in the wrong class can limit the right of the registered trademark to claim protection against infringement. Below in this article, we will help you to get started with knowing, What trademark classes are? and How you can choose the right trademark class for your trademark?
What is Trademark Class?
As per the Trademark Rules, 2002 about 45 classes (35 classes for Goods and 10 classes for Services) were notified for simplifying the process of trademark name search and its registration. Each Trademark class represents a different product or service set under which the entire application can be sorted for a trademark to register.
Trademark classes specifically indemnify the use of the trademark and its representation from other similar marks registered under the Trademarks Act. With classes, trademark registry can be done with an already registered mark or a similar mark again but for some other activity or objective with the use of some other class. Trademark classes can be selected based on the product or service to which they are used, based on the classes of raw material used in their production, based on the other finished products there in the market or there can be several other criteria to check before the application of any trademark.
List of Trademark Classes under Trademark Rules, 2002
| Class 1 | Chemical used in industry, science, photography, agriculture, horticulture, and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry |
| Class 2 | Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists |
| Class 3 | Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices |
| Class 4 | Industrial oils and greases; lubricants; dust absorbing, wetting, and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks |
| Class 5 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides |
| Class 6 | Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores |
| Class 7 | Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs |
| Class 8 | Hand tools and implements (hand-operated); cutlery; side arms; razors |
| Class 9 | Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, and computers; fire extinguishing apparatus |
| Class 10 | Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials |
| Class 11 | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply, and sanitary purposes |
| Class 12 | Vehicles; apparatus for locomotion by land, air, or water |
| Class 13 | Firearms; ammunition and projectiles; explosives; fireworks |
| Class 14 | Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; hierological and other chronometric instruments |
| Class 15 | Musical instruments |
| Class 16 | Paper, cardboard, and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks |
| Class 17 | Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping, and insulating materials; flexible pipes, not of metal |
| Class 18 | Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks, and traveling bags; umbrellas, parasols, and walking sticks; whips, harness,es and saddler |
| Class 19 | Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch, and bitumen; non-metallic transportable buildings; monuments, not of metal. |
| Class 20 | Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics |
| Class 21 | Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush-making materials; articles for cleaning purposes; steel, wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain, and earthenware not included in other classes |
| Class 22 | Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials |
| Class 23 | Yarns and threads, for textile use |
| Class 24 | Textiles and textile goods, not included in other classes; bed and table covers. |
| Class 25 | Clothing, footwear, headgear |
| Class 26 | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers |
| Class 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile) |
| Class 28 | Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees |
| Class 29 | . Meat, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk, and milk products; edible oils and fats |
| Class 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice |
| Class 31 | Agricultural, horticultural, and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants, and flowers; foodstuffs for animals, malt |
| Class 32 | Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages |
| Class 33 | Alcoholic beverages(except beers) |
| Class 34 | Tobacco, smokers’ articles, matches |
| Class 35 | Advertising, business management, business administration, office functions. |
| Class 36 | Insurance, financial affairs; monetary affairs; real estate affairs. |
| Class 37 | Building construction; repair; installation services. |
| Class 38 | Telecommunications. |
| Class 39 | Transport; packaging and storage of goods; travel arrangement.. |
| Class 40 | Treatment of materials. |
| Class 41 | Education; providing of training; entertainment; sporting and cultural activities. |
| Class 42 | Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| Class 43 | Services for providing food and drink; temporary accommodation. |
| Class 44 | Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services. |
| Class 45 | Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
How to choose the right Trademark Class for your trademark?
Trademark name search or registration is incomplete without its proper distinction into classes. It is advisable to select applicable trademark classes in your trademark registry application to further protect it from infringement and to give better clarity to competitors or trademark applicants for restriction of registration of any similar trademark in the same class.
To choose the right trademark class for your trademark you can:
- Analyze the competitor set of classes chosen with the product or service specification for applying for the trademark.
- Look for the vision or objective of registering the trademark before the selection of the trademark class.
- Decide whether the trademark is for the entire entity or for a single product or service to represent.
- Try to look for classes suitable for the representation of final products and not the material used.
- Consult a Trademark attorney or a Trademark Registration Consultant for the selection of the appropriate trademark class.
Why choosing the Right trademark class is necessary?
The importance of the selection of trademark classes during trademark registration is administered by Section 7 of the Trademarks Act, 1999. It is essential to do proper selection of class or multiple classes for a trademark to safeguard the Intellectual Property rights and enforcement rights of the applicant.
Selection of classes in Trademark Registration also simplifies the trademark competition search for the registrar which indirectly expedites the process the trademark registration for the applicant.
How to rectify your Trademark Class?
A trademark registered with the wrong class, with limited details of the product or the business category can easily be objected to or can be put to hold by the Registrar of Trademarks. Before submitting a trademark registration application online or with the Registrar it is better to get consultation on the different classes, the infringement rights, and the clauses for the objection of the trademark.
For rectification of the wrong class or any other mistake in your Trademark registration, one can File Form TM-16 and submit it.
Can multiple classes be selected for a particular Trademark?
For registration of a trademark that is to be used for multiple product/service categories, one can select multiple classes for a single trademark. Selection of classes should be done after properly analyzing the classes used by other product/service marks under the same category.
But the applicant needs to use the Trademark registered for products under different classes as if it is kept active in some classes and non-active in others, it can bring objections or cancellation from the Registrar for approval of some third party trademark approval.
The selection of proper classes in a trademark application speeds up its process of approval from the Registrar. To know what more you can do to protect your trademark from infringement, you can consult our Trademark registration expert there at info@taxreturnwala.com