What is Trademark Class?
While filing an application for trademark in India, there is a fundamental requirement of finding out the trademark class of your goods and services. Under that particular trademark class, one has to file the trademark application. The process of registration of trademark in India is made easy due to trademark class. The Applicant will have to choose the appropriate Trademark class under which their goods or services fall. Different categories of goods and services are put under one trademark class, which is deemed to be suitable for the Trademark registration.
Trademark Act, 1999
Section 7 of this Act administers the Trademark Classes. Moreover, it stipulates that the Registrar should classify goods and services in accordance with the International system of classification of goods and services for the purpose of Trademark Registration. A multilateral treaty named Nice Agreement is concerned with the international classification of goods and services, at Nice Diplomatic Conference held on June 15, 1957.
WIPO adopted the 10th edition of Nice Classification from January 1, 2012, for the classification of goods and services. The Nice Classification contains:
- Class Headings- They illustrate the nature of the goods and services contained in each of the classes
- Explanatory Notes- It describes the type of product or services
- Alphabetical List- Sets out specific items of goods and services in alphabetical order, along with the appropriate class.
Classes of Trademark
Trademark examiners understand the trademark classes. They arrange documents, such as trademark and service mark applications, according to the description and scope of the types of goods or services to which the trademarks apply.
- Class 1 (Chemicals)
- Class 2 (Paints)
- Class 3 (Cosmetics and Cleaning Preparations)
- Class 4 (Lubricants and Fuels)
- Class 5 (Pharmaceuticals)
- Class 6 (Metal Goods)
- Class 7 (Machinery)
- Class 8 (Hand Tools)
- Class 9 (Electrical and Scientific Apparatus)
- Class 10 (Medical Apparatus)
- Class 11 (Environmental Control Apparatus)
- Class 12 (Vehicles)
- Class 13 (Firearms)
- Class 14 (Jewelry)
- Class 15 (Musical Instruments)
- Class 16 (Paper Goods and Printed Matter)
- Class 17 (Rubber Goods)
- Class 18 (Leather Goods)
- Class 19 (Non-metallic Building Materials)
- Class 20 (Furniture and Articles Not Otherwise Classified)
- Class 21 (Housewares and Glass)
- Class 22 (Cordage and Fibers)
- Class 23 (Yarns and Threads)
- Class 24 (Fabrics)
- Class 25 (Clothing)
- Class 26 (Fancy Goods)
- Class 27 (Floor Coverings)
- Class 28 (Toys and Sporting Goods)
- Class 29 (Meats and Processed Foods)
- Class 30 (Staple Foods)
- Class 31 (Natural Agricultural Products)
- Class 32 (Light Beverages)
- Class 33 (Wines and Spirits)
- Class 34 (Smokers’ Articles)
- Class 35 (Advertising and Business)
- Class 36 (Insurance and Financial)
- Class 37 (Building, Construction and Repair)
- Class 38 (Telecommunication)
- Class 39 (Transportation and Storage)
- Class 40 (Treatment of Materials)
- Class 41 (Education and Entertainment)
- Class 42 (Computer, Scientific and Legal)
- Class 43 (Hotels and Restaurants)
- Class 44 (Medical, Beauty, and Agricultural)
These classes of goods and services attempts to identity the fields to which the goods or services in particular class belongs. It is noteworthy, that a product is generally classified according to its function or purpose and raw materials are classified according to the material of which they consist. Services are classified according to activity or in the case of information services, in the same classes as the services that correspond to the subject matter of the advice.
In order to find a relevant trademark class for a particular product or service, there are following two options:
- In Trademark classes Choose CGPTM office databases, and then to enter the product or service description in the box for search items.
- Nice Classification Database provides the whole range of classification
In order to register a Trademark in India, Trademark search is the first step. In this step, one ascertains the Trademark Class under which the goods or services falls. After which one gets a trademark in order to protect the business idea and process from being stolen by the competitors and rivals, which makes it really significant to register trademark in India.
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