What is Trademark Registration
A trademark is a word or a visual symbol used by a business to differentiate its goods or services from those of other businesses that offer similar goods or services. Trademark is logo or combination of characters and numerals used by a company to claim its ownership on a term or design to represent its products and services. There are various of types of trademarks which can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark and pattern mark. Trademarks are generally used to protect brand names, business names, slogans, and much more. To register a trademark, the applicant must file a trademark application in the prescribed format with the relevant trade mark Registrar.
Trademark Classes:
Trademark is filed under 45 different classes as per the NICE classification for a trademark, also known as the International Certification of Goods and Services. Each of the trademark classes represents a distinct set of goods and services.
While filing a trademark registration application, it is necessary to do a trademark search to avoid discrepancies. It is essential to choose the right class of the trademark as the mark’s wrong classification can hamper the registration process.
Trademark applications can be filed in more than one class if the business’s activity involves various goods or services falling under different trademark classifications. Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under another class.
Hence, filing of trademark application under one class does not provide complete exclusivity over the mark’s use. Trademark only includes exclusivity for the mark’s use concerning the class of goods or services for which the trademark is registered. Ask your attorney to search & find the correct trademark class for your goods or service from over 80,000 goods and services.
Among the 45 classes mentioned below, 34 classes come under the Goods section, and 11 classes come under the service section.
Trademark classification of Goods:
| Class | Description |
| 1 | Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed plastics; chemical substances for preserving foodstuffs; |
| 2 | Paints; varnishes; preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; decorators; printers and artists; |
| 3 | Bleaching preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; |
| 4 | Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks; |
| 5 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; disinfectants; fungicides, herbicides; |
| 6 | Common metals and their alloys; metal building materials; small items of metal hardware; pipes and tubes of metal; goods of metal not included in other classes; |
| 7 | Machines and machine tools; machine coupling and transmission components; agricultural implements other than hand-operated; incubators for eggs; |
| 8 | Hand tools and implements (hand-operated); cutlery; side arms; razors |
| 9 | Scientific, electric, photographic, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers; |
| 10 | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; |
| 11 | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes |
| 12 | Vehicles; apparatus for locomotion by land, air or water |
| 13 | Firearms; ammunition and projectiles; explosives; fire works |
| 14 | Precious metals and their alloys and goods in precious metals; jewellery, precious stones; horological and other chronometric instruments |
| 15 | Musical instruments |
| 16 | Paper, cardboard and goods made from these materials; printed matter; stationery; brushes; typewriters and office requisites; plastic materials for packaging; |
| 17 | Rubber, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes; |
| 18 | Leather and imitations of leather; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; |
| 19 | Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. |
| 20 | Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum or of plastics |
| 21 | Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi-worked glass; glassware and earthenware; |
| 22 | Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials |
| 23 | Yarns and threads, for textile use |
| 24 | Textiles and textile goods, not included in other classes; bed and table cover. |
| 25 | Clothing, footwear, headgear |
| 26 | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers |
| 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile) |
| 28 | Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees |
| 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, fruit sauces; eggs, milk and milk products; edible oils and fats |
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar; spices; ice |
| 31 | Agricultural, horticultural and forestry products and grains; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt |
| 32 | Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages |
| 33 | Alcoholic beverages (except beers) |
| 34 | Tobacco, smokers’ articles, matches |
Trademark classification of Services:
| Class | Description |
| 35 | Advertising, business management, business administration, office functions. |
| 36 | Insurance, financial affairs; monetary affairs; real estate affairs. |
| 37 | Building construction; repair; installation services. |
| 38 | Telecommunications. |
| 39 | Transport; packaging and storage of goods; travel arrangement. |
| 40 | Treatment of materials. |
| 41 | Education; providing of training; entertainment; sporting and cultural activities. |
| 42 | Scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software. |
| 43 | Services for providing food and drink; temporary accommodation. |
| 44 | Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| 45 | Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
Types of Trademarks:
Product Mark
Product mark is a mark that is used on a good or on a product rather than on a service. This type of trademark is used to recognize the origin of the product and helps in maintaining the reputation of a business. Trademark applications filed under Class 1-34 could be termed as a product mark, as they represent goods.
Service Mark
Service mark is similar to the product mark but a service mark is used to represent a service rather than a product. The main purpose of the service mark is that it distinguishes its proprietors from the owners of other services. Trademark applications filed under trademark class 35-45 could be termed as a service mark, as they represent services.
Collective Mark
Collective mark is used to inform the public about certain distinguished features of a product or service used to represent a collective. A group of individuals can use this mark so that they are collectively protecting a goods or service. The mark holder can be an association or can be a public institution or can also be a Section 8 company.
In a collective mark, normally the standards of the products are fixed by the regulator owing the mark. Others persons or organisations associated with the collective are held responsible to adhere to certain standards while using the mark in the course of business. A commonly known collective mark in India is the “Chartered Accountant” designation.
Certification Mark
Certification mark is a sign that denotes a products origin, material, quality or other specific details which are issued by the proprietor. The main purpose of certification mark is to bring out the standard of the product and guarantee the product to the customers. A certification mark can also be used to uplift the product’s standard amongst the customers by showing that the product had undergone standard tests to ensure quality. Certification marks are usually seen on packed foods, toys and electronics.
Shape Mark
Shape Mark is exclusively used to protect the shape of the product so that the customers find it relatable to a certain manufacturer and prefer to buy the product. The shape of a particular product can be registered once it is recognized to have a noteworthy shape. An example of a shape is the Coca-Cola bottle or Fanta bottle, which have a distinctive shape identifiable with the brand.
Pattern Mark
Pattern marks are those products that have specific designed patterns that come out as the distinguishing factor of the product. Patterns which fail to stand out as a remarkable mark is generally rejected since it does not serve any purpose. For a pattern to be registered, it has to show evidence of its uniqueness.
Sound Mark
Sound mark is a sound that can be associated with a product or service originating from a certain supplier. To be able to register a sound mark, when people hear the sound, they easily identify that service or product or a show that the sound represents. Sound logos are called as audio mnemonic and is most likely to appear at the beginning or end of a commercial. The most popular sound mark in India is the IPL tune.
What is the procedure to obtain a trademark registration?
Benefits of Trademark registration:
