written by khatabook | November 11, 2022

What is the Trademark Class for Education And Entertainment?

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Table of Content


Trademark is segregated within 45 variant classes according to NICE classification for a trademark, it is also recognized as International Certification of Goods and Services. Every class includes a distinct set of goods and services. Trademarks are a part of Government of India’s legislation to protect businesses from being wrongly exploited by unethical competitors and counterfeiting crooks. The Trademarks Act was passed in 1999 and implemented on a full scale in 2003.

Did you Know? A registered Trademark protects the owner from illegal use of the owner’s trademark by competitors and others.

What is a Trademark?

Indian Trademarks Act defines a trademark as “trademark is defined under Section 2 (1) (ZB) of the Act as “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.

Any product or service that can display its unique identity can be registered as a trademark. If the authenticity of the ownership of the goods and services is registered as established, the process is simple. The product or service registered can be a logo, a specific design, an image, a word or phrase, a tagline or slogan or a combination of these. 

Also Read: Guide on Business Services and Consulting in Trademark Class 35

Advantages of Trademark Registration

Trademarks are extremely important and valuable to a business. There are several advantages.

  1. It offers immense protection against any violation of the owner’s rights.
  2. It protects against counterfeiting and privacy. 
  3. It increases the credibility of the product or service among customers. 
  4. It represents an assurance of quality and reliability as perceived by most buyers.
  5. It is an inexpensive legal mechanism to protect the identity of a business.
  6. It enhances the brand image in the market.
  7. It can convert a generic product into a branded product. Examples are basmati rice (Daawat, India Gate etc.), sugar (Tata, Parry, Madhur etc.), salt (Tata, Aashirwad, Catch etc.), Drinking water (Bisleri, Kinley, Aquafine etc.,) – the list is endless.

Trademark Class

Section 7 of the Trademarks Act, 1999, states, “The Registrar shall classify goods and services, as far as may be, following the International classification of goods and services for registration of trademarks.”

A set of rules and guidelines were issued as per the Act - “THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002”. 

Broadly, all goods and services covered under trademark registration fall into any of four following categories – (1) Generic, (2) Descriptive, (3) Suggestive and (4) Arbitrary.

These products and services are separated into what is defined as Classes. Goods are listed as Class 1 to 34, and Services are from 35 to 45.

One such Class is 41. Class 41 lists services which pertain to Education and Entertainment. All Class nomenclatures are taken from WIPO (World Intellectual Property Organisation, Geneva, Switzerland)  as per the NICE Agreement.

Class 41 also falls under the category of Services.

Also Read: Trademark Class 32: Classification of Non-alcoholic Beverages

Trademark Class 41

Trademark Class 41 has a long list pertaining, in general, to education and entertainment services. 

The following are the broad details of services under Class 41:

  • They pertain to education, provision of training, entertainment activities, sports and cultural activities.
  • They also include any service relating to all forms of education, including professional training.
  • Educative conferences, seminars, fairs and competitions are also included in Class 41.
  • They also cover all kinds of training for animals.
  • Entertainment services, amusement or recreation services are part of Class 41.
  • Creative works of art, painting and literary work made available to the public come under Class 41.
  • Other services covered are fitness, Libraries, Translation and Interpretation and even Gaming.

The comprehensive list of Class 41 services are shown below:

  1. academies [education]
  2. amusement parks
  3. providing amusement arcade services
  4. animal training
  5. rental of audio equipment
  6. arranging of beauty contests
  7. boarding schools
  8. booking of seats for shows
  9. calligraphy services
  10. providing casino facilities [gambling]
  11. rental of cine-films / rental of motion pictures
  12. cinema presentations/movie theatre presentations
  13. circuses
  14. club services [entertainment or education]
  15. coaching [training]
  16. arranging and conducting of colloquiums
  17. arranging and conducting of concerts
  18. arranging and conducting of conferences
  19. arranging and conducting of congresses
  20. correspondence courses
  21. disc jockey services
  22. discotheque services
  23. dubbing
  24. education information
  25. educational examination
  26. electronic desktop publishing
  27. entertainer services
  28. entertainment / amusements
  29. entertainment information
  30. film production, other than advertising films
  31. conducting fitness classes
  32. gambling
  33. game services provided on-line from a computer network
  34. games equipment rental
  35. providing golf facilities
  36. gymnastic instruction
  37. health club services [health and fitness training]
  38. holiday camp services [entertainment]
  39. providing karaoke services
  40. language interpreter services
  41. layout services, other than for advertising purposes
  42. lending libraries
  43. rental of lighting apparatus for theatrical sets or television studios
  44. providing on-line electronic publications, not downloadable
  45. providing on-line music, not downloadable
  46. providing on-line videos, not downloadable
  47. microfilming
  48. mobile library services / bookmobile services
  49. modelling for artists
  50. rental of movie projectors and accessories
  51. movie studios
  52. providing museum facilities [presentation, exhibitions]
  53. music composition services
  54. production of music
  55. music-halls
  56. news reporters services
  57. night clubs
  58. nursery schools
  59. operating lotteries
  60. orchestra services
  61. organization of competitions [education or entertainment]
  62. organization of exhibitions for cultural or educational purposes
  63. organization of sports competitions
  64. organization of balls
  65. organization of shows [impresario services]
  66. organization of fashion shows for entertainment purposes
  67. party planning [entertainment]
  68. personal trainer services [fitness training]
  69. photographic reporting
  70. photography
  71. physical education
  72. practical training [demonstration]
  73. presentation of live performances
  74. publication of texts, other than publicity texts
  75. publication of books
  76. publication of electronic books and journals on-line
  77. radio entertainment
  78. rental of radio and television sets
  79. production of radio and television programmes
  80. recording studio services
  81. providing recreation facilities
  82. recreation information
  83. religious education
  84. services of schools [education]
  85. scriptwriting services
  86. arranging and conducting of seminars
  87. rental of show scenery
  88. production of shows
  89. sign language interpretation
  90. rental of skin diving equipment
  91. rental of sound recordings
  92. sport camp services
  93. providing sports facilities
  94. rental of sports equipment, except vehicles
  95. rental of sports grounds
  96. rental of stadium facilities
  97. rental of stage scenery
  98. subtitling
  99. arranging and conducting of symposiums
  100. teaching / educational services / instruction services
  101. television entertainment
  102. rental of tennis courts
  103. theatre productions
  104. ticket agency services [entertainment]
  105. timing of sports events
  106. toy rental
  107. translation
  108. tutoring
  109. rental of video cassette recorders
  110. rental of video cameras / rental of camcorders
  111. videotape editing
  112. rental of videotapes
  113. videotaping
  114. vocational guidance [education or training advice]
  115. vocational retraining
  116. arranging and conducting of workshops [training]
  117. writing of texts, other than publicity texts
  118. zoological garden services

Legal Protection

Sections 101 to 109 of the Trademarks Act, 1999, provide for legal remedies in cases of violation or infringement of Trademarks owned by a businessman. They protect Trademark registrants from unscrupulous competitors or others. The most important clauses are Sections 101, 102 and 103. 

Also Read: Trademark Class 27: Important Details On Carpets, Rugs and Mats

Important Sections of the Act

  1. Section 101 sets the purposes for registering a Trademark.
  2. Section 102 sets conditions which are treated as infringement of a Trademark.
  3. Section 103 quantifies the punishment for offenses committed. Punishments could be either imprisonment from six months to two years or a penalty ranging from ₹50,000 to  ₹2 lakhs or both.
  4. Sections 104 to 109 are extensions which deal with certain specific violations.

Validity of a Registered Trademark 

Trademarks are valid for ten years from the date of issue. Renewal of a further period of ten years is also possible.

International Protection of Trademarks

Many organizations offer their goods and services across the globe. They have customers and clients in several countries. In such cases, protecting their goods or services through Trademarks in India alone will not be sufficient. Similarly, many companies in other countries may also have customers in India. It is thus very essential that a system is set where all owners of respective trademarks are fully protected wherever they operate. Since international commerce is several centuries old, devising a solution through cooperation was possible.

Through several legislations and common agreements, enduring solutions have been created. The Madrid Protocol, Paris Convention, TRIPS Agreement and the European Union Trade Marks (EUTM) are some of them. The Madrid Protocol has 94 plus countries as its members. WIPO takes the responsibility of administering international applications and covers all 45 Classes of goods and services.

Also Read: Trademark Registration- What is Trademark Regisration? How does it Help Small Businesses?

Steps Involved in International Registration of Trademarks

Though a massive activity and responsibility, international registration of Trademarks have been made quite simple. It involves the following steps:

Step 1: Registration of Trademark in India

Step 2: Examination and Approval by WIPO, Geneva

Step 3: Examination and Approval of Each country covered in the application.

The above process usually takes from 12 to 18 months for final approval. If an application is declined for any reason, WIPO will move out of the scene, and the applicant will have to deal with the approving country directly.

Conclusion

The importance of registering a trademark cannot be overemphasized. Trademark Class 41 is particularly vital as it is not difficult for competitors to make small variations and offer their services as unique. With proper registration, the holder of the trademark is equipped with the legal strength to fight persons with such malafide intentions and protect the interests of their businesses. 
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FAQs

Q: Should only subject matter experts handle Trademark registrations?

Ans:

Yes. Trademarks Act is a subject matter of experts with vast knowledge and hands-on experience. Consulting a specialist is a must if blunders and traps are to be avoided.

Q: What does Trademark Class 41 cover?

Ans:

 Trademark Class 41 covers all services related to Education and Entertainment.

Q: Is violation of the Trademarks Act a serious offence?

Ans:

Violation of the Trademarks Act is a serious and cognizable offence. The Authority can, at its discretion, consider a case as either a civil case, a criminal offence, or both. It is entirely at their discretion. If it is proved that the violation was intentional, criminal punishment is almost certain.

Q: Do we have to register a Trademark for services or goods compulsorily?

Ans:

It is not compulsory if the owner does not want it. Purely the owner’s choice. However, every owner will be interested in having legal protection that the Government provides at a very low cost.

Q: Which Department is responsible for operating the Trademarks Act 1999?Which Department is responsible for operating the Trademarks Act 1999?

Ans:

The Trademarks Act is implemented and monitored by the Government of India through The Office of the Controller General of Patents, Designs & Trade Marks, Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry. They have set up the Trademarks Authority, which is fully vested with powers to implement all sections of the Trademarks Act 1999.

Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
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Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.