What is a Trademark?
Before discussing the trademark application lets see what trademark is. A trademark can be a name, word, symbol or device that is applicable in business or trade to denote a good’s source and to make it stand out from the rest. Service marks, however, differ from trademarks in the fact that the source is a service and not a product. Hence, it helps to identify and distinguish the source of that service.
A Multiple-class application is a trademark application for registering federal trademark application in a scenario where the applicant is seeking to register his mark for goods or services in more than one international class.
Filing a multiple-class application, like all the things, has its own advantages and disadvantages. However, the main advantage is that you don’t have to file too many applications. This also means that you will only have to look after the one application that you file. In short, a single trademark application will help you in reducing the time and efforts you will put in.
Choosing multiple classes might have some incidental costs at a later stage though. The application divides among the classes in which the mark is used and the classes in which the marks aren’t used (if such a scenario does come up). A split in class then follows up with an additional fee.
Often, it is best to claim the maximum possible classes if the applicant is going to use all the goods claimed in all classes well before the 6-month deadline after allowance. Otherwise, the best option is to make claims but it might get expensive with dividing and extending in a multiple-class trademark application still remaining a high possibility.
How to File The Application?
Following are the steps that you need to perform in order to file a multi-class trademark application:
As opposed to common belief, having a unique brand name is not good enough to go and file a trademark without performing a trademark search. This helps you to see if there exist any similar trademarks and hence lets you avoid any future hassles because of litigation problems.
Filing Trademark Application in India
After confirming that you won’t be infringing somebody else’s trademark you can opt to file a trademark application form at the Trademark Office, India. These offices located at Chennai, Delhi, Mumbai, and Kolkata but you can even do this stuff online.
After the Trademark application is filed the examiner will see for any discrepancies. The application might be accepted absolutely, conditionally or object.
If it acceptable, unconditionally the TM will then get published in the TM journal. If it’s not acceptable unconditionally, then the objections will be declared and along with it. A month’s time will be provided to respond to the objections.
The publication includes in the registration process so that anyone who has an issue with the registration of the trademark has the chance to oppose it. In such a case, there is a hearing and the decision is given by the Registrar. If after 3-4 months of publication there’s still no opposition then the trademark application proceeds further.
Following its publication in the Trademark Journal. The application proceeds for registration where a registration certificate under the seal of the Trademark Office is issued.
Trademark registration might be time-consuming but it’s important in order to avoid any future litigation issues.