Trademark Class Search in India
When a business applies a word, sign, or graphic to its products and services in order to distinguish them from those of rivals, a trademark is a word, sign, or graphic that remains in use. For example, this might be a brand, product, or company name, or a logo of the enterprise. Trademarks may be applied to words, symbols, and images, as well as logos, company symbols, and images. Trademarks may consist of words, signs, and graphics, or they may be a combination of all of these.
The 45 trademark classes are divided into a wide range of goods and services. The trademark class on which a trademark applies must be specified in the application. When trademark applications are submitted, the classification of goods and services must be specified. In addition to selecting the correct trademark class, it is critical to correctly classify a trademark when applying for it. Inappropriate classification could harm the trademark registration process and/or diminish the legal protection for a trademark under the Trademark Act.
The mark can be applied in more than one class if the business engages in multiple products or services that are trademarked in different segments. Even if a trademark is registered in fewer than one classification, another company can apply for the same trademark in a different segment. Because filing of a trademark application under one class does not give complete exclusivity over the mark, trademark registration only gives exclusive rights to use of the mark on the product or service that it was registered for.
A trademark application can be filed in either a goods class or a service class under the Indian Trademark Act, 1999. Businesses that belong to a different class may be represented by a separate class. Goods and service activities, which are different, fall under different classes. 45 classes are in play in trademark regulation. The goods and service classes are divided into two groups. Goods activity class, which covers 1 – 34 classes and service activity class, which covers 35 -45 classes. A different description of business activity is posted for each class. A trademark may also be filed in any one class or more than one.
To trademark a good or service, you must first declare it in your trademark application. The Nice Classification defines what goods and services are eligible for trademark protection.
A Trademark can be applied to a product or service of a person in any of the trademark classes listed above. However, filing a Trademark application under one class does not give exclusive control to anyone. A person only receives exclusive rights to use a trademark in a class in which it is applied. Trademarks are classified according to their intended use.
A trademark registration gives the owner the right to protect their trademark. Classification of about 80,000 products and services into classes is required to register a trademark in Australia. A proposed trademark is assessed for availability for use in connection with certain goods or services based on the results of a trademark search.
