If a business owner wants to register a trademark, they should be aware of the trademark classes in which their products or services fall. Also, if you don't know what trademark classes are, let us explain. A trademark class is required to obtain a trademark registration. You may also have problems later on if the wrong trademark class is chosen. We recommend that you first learn about trademark classes before going through trademark registration.
Did You Know?
Trademark is distinctive into 45 different classes according to the NICE distinction for a trademark, also called the International Certification of Goods & Services. Each of these trademark classes represents a given set of goods & services. There are over 80,000 goods and services listed under these classes!
Trademark Class Details
A trademark is an essential type of Intellectual Property Right (IPR). It gives the owner exclusive rights over the design, name, logo, word, or design. Trademark registration is necessary to establish a brand for your business. Scroll down for more information about trademark classes and the benefits they offer.
A trademark registration gives the brand a unique identity and allows it to be recognised by its owner. The recipient will enjoy different benefits by registering a name, logo, or mark under a specific trademark class. This will ensure that the recipient has full rights to the mark and act as a stimulant for brand development. Additionally, you also need to understand the meaning of the trademark as well.
Trademark Meaning
A trademark is any symbol, design, or expression that helps to distinguish products or services. Trademark registration grants the owner exclusive rights over any word, name or mark, logo, or combination that allows the consumer to distinguish certain goods and services from others.
Trademark registration is essential for the success and branding of a company. A business without incorporated trademarks could be exploited by others, leading to an argument. A legitimate trademark protects the entity's logo, symbol and name from mishaps. Next, we will discuss the concept of trademark classes.
Also Read: Types of Trademarks That Can Be Registered in India
What Is the Concept of Trademark Classes?
Trademark classes are based on the nature of the products or services that the users wish to protect with trademark protection. According to the Trademark Act 1999, currently, there are 45 trademark classes in India. These trademark classes allow users to avoid trademark objections in the future and facilitate the registration of the mark.
Among the trademark classes list, 45, 34 are reserved for products, and the rest are for services classes. All goods and products fall under these trademark classes, but each class describes a wide range of goods and services.
Candidates can choose from different classes that include their products or services. If they choose to register under one trademark class, they must apply through form TM-1. They will need to submit form TM-1 if they want to register a collective trademark.
How to Choose the Right Trademark?
It is important to choose the right class and terms. Your trademark will only be registered for the goods and/or services that you specify in your application. After you submit your application, you cannot add additional goods or services.
For example, you would choose class 25 for clothing, footwear, and headgear if you plan to use your trademark on your own clothing lines.
You can use the trademark to sell other people's products in a shop. Choose class 35 (advertising, business administration, business management, office tasks) and then select the term retail services in regard to clothing.
Trademark Class List for Goods
|
S. No |
Class |
Description |
|
1. |
Class 1 |
Chemicals used in industry, photography, forestry, artificial resins, tanners, and adhesives, among other things. |
|
2. |
Class 2 |
Paintings, mordants, coals & pigmentation, printing, lacquers, and art etc. |
|
3 |
Class 3 |
Cleaning products, laundry products, bleach and abrasives, cosmetics, essential oils etc. |
|
4. |
Class 4 |
Fuels, greases, wetting and binding compositions, illuminates, wicks, industrial oil, etc |
|
5. |
Class 5 |
Pharmaceuticals, fungicides, herbicides, veterinary products, disinfectants, dietetic, dental wax, etc. |
|
6. |
Class 6 |
Metal castings, common metal and their alloys, locks and safes, hardware, building material (metal), other metals are not included in any other class etc. |
|
7. |
Class 7 |
Machine parts and machine (except for land vehicles), incubators for eggs etc. |
|
8. |
Class 8 |
Implements and hand tools, razors and cutlery etc |
|
9. |
Class 9 |
Cash registers, teaching apparatus, calculating machines magnetic data carriers, and data processing equipment, etc |
|
10. |
Class 10 |
Surgical, artificial limbs, medical and dental apparatus, eyes teeth etc. |
|
11. |
Class 11 |
Apparatus for heating, refrigerating, steam generating, cooking, dying, lighting etc. |
|
12. |
Class 12 |
Apparatus for locomotion by land, air and water. |
|
13. |
Class 13 |
Ammunition, explosives, firearms, fireworks etc. |
|
14. |
Class 14 |
Precious metal and their alloys, jewelry, products in precious metals, etc. |
|
15. |
Class 15 |
Musical instruments etc. |
|
16. |
Class 16 |
Cardboard, playing cards, paper, and goods made from these materials, printing blocks, bookbinding, print matter, paint brushes, etc. |
|
17. |
Class 17 |
Rubber, asbestos, gum, mica, and goods made from these materials and not included in other classes. |
|
18. |
Class 18 |
Animal skins, and hides, leather and imitations of leather, and articles which are made from these items and not included in other classes, etc. |
|
19. |
Class 19 |
Non–metallic rigid pipes for buildings, pitch, asphalt, and bitumen etc. |
|
20. |
Class 20 |
Picture frames, Furniture of wood, mirrors, reed, cork, cane and not included in any other category. |
|
21. |
Class 21 |
Household and kitchen utensils, articles for cleaning purposes, brush making material, etc |
|
22. |
Class 22 |
Nets, sails, ropes, sacks and bags and fibrous textile materials, strings, etc. |
|
23. |
Class 23 |
Threads and Yams for textile uses. |
|
24. |
Class 24 |
Textile and textile goods which are not included in the other classes. |
|
25. |
Class 25 |
Clothing, headgear, and footwear. |
|
26. |
Class 26 and 27 |
Non-textile carpet, linoleum, rugs, wall hangings and other materials which are used for covering floors. |
|
27. |
Class 28 |
Christmas decorations. Game and playthings, and other sporting items which are not covered under any other class. |
|
28. |
Class 29 |
Poultry items, jams, oils and edible oil, eggs etc |
|
29. |
Class 30 |
Coffee, tapioca, sugar, cocoa, tea, rice, spices etc. |
|
30. |
Class 31 |
Fresh fruits and vegetable, seeds, malt etc. Horticulture, agriculture and forestry grains which are not included in any other class. |
|
31. |
Class 32 |
Aerated drinks, beer, non-alcoholic drinks (including juices and fruits drinks) and other things which are used for preparing beverages. |
|
32. |
Class 33 |
All alcoholic beverages (excluding beer) |
|
33. |
Class 34 |
Smoker’s articles, tobacco, matches |
Trademark Class List for Services
|
S. No |
Classes |
Description |
|
1. |
Class 35 |
This class includes advertising and business services which assist management in managing the affairs of the organization (commercial organization). The term covers any activity in which an announcement is made to the general public or concerns any type of goods and services. |
|
2. |
Class 36 |
This class includes activities relating to insurance, finance or the monetary sector. |
|
3. |
class 37 |
It includes all work performed by contractors, subcontractors, involved in building and repairing structures, or in restoring such structures to their original state. |
|
4. |
Class 38 |
In this class, services that support oral or visual communication between people are included. |
|
5. |
Class 39 |
In this class, any service that involves storing goods in a warehouse or any other place, or transporting them from one place to another, is included. These services can be provided by air, land, or water. |
|
6. |
Class 40 |
Any service that involves changing a substance's chemical or mechanical composition is included in this class. This can also include any other service that is not included in any other class. |
|
7. |
Class 41 |
Any service that improves the knowledge or mental capacity of an individual or animal falls under this category. Entertainment services fall under this category as well. |
|
8. |
Class 42 |
Any service or research associated with science, technology, or development of computer hardware, software, or legal services. An engineer's services (design, blueprints, etc.) or research for medical services fall within this category. There are no services under class 35, or under classes 36, 37, or 44, which fall under business research. |
|
9. |
Class 43 |
A person or establishment providing a service, such as preparing food for consumption, providing a bed for staying, or providing any other temporary accommodation, falls under this class. This includes reservation services or accommodations for animals. It specifically excludes any services under classes 36, 39, 40, 41 and 44. |
|
10. |
Class 44 |
Human or animal health services are included in this category, including hygiene, medical care, first aid, and cosmetic services. This class includes services that are related to the field of horticulture or agriculture but excludes services that are already classified under classes 37, 39, 40, 41, 42, and 43. It includes, for example, the breeding of animals, the growing of plants, medical advice, and artificial insemination services. |
|
11. |
Class 45 |
This class includes any personal or social service. People are being monitored for their safety, safety and well-being. Services include matrimony, funerals, etc. No services that are covered under classes 35, 36, 39, 41, 42, 44 or any car rental services are included in this class. |
Also Read: Simple Steps on How to Get a Patent in India?
Important Requirements for Trademarks Protection
This is a quick overview of the features that one should know before choosing trademark protection for their company.
- Trademarks should not be indistinct. It should be clear and simple so that the viewer can quickly remember it. Because they are easy to read and more watchable, you should choose short and simple words.
- The mark must be unique and not have any similarities to other brands. Avoid copying another logo, word, or name in the interest of quick success. Such acts might lead to legal proceedings.
- Do not apply for registration of correct nouns and geographical names. No one has the right to claim proprietorship over common words.
Conclusion
It is crucial to select the correct trademark class. Without it, you will not be able to register a trademark. Even if you manage to register it, you cannot change your registration name or switch from a good or service to another. Hence, it is important to choose the correct class.
Also, no matter which business you select, managing all the calculations of payments is daunting, especially when you have more than one business.
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