Secure Your Brand by Filling a Trademark in Multiple Classes Now

An organization can identify its products or services by using a name, logo, symbol, or brand, which is known as a trademark. It distinguishes a company’s goods and services from those of rivals. A company may provide a variety of goods and services under one trademark. The Trademark Law of India classifies trademarks used for different goods and services into 42 categories. A corporation that makes goods and offers services that fall under more than one trademark class is required to register its trademarks under each of those categories in order to secure safeguards for the specific category of products and services it generates For the purpose of protecting trademarks under several classifications of products or services, a business does not need to submit separate trademark applications. The trademark may file a single multi-class application for trademark to be registered under several classes of goods and services. Form TM-A is the trademark application needed to be registered for a number of different classes of trademarks.

 

Application for Multiclass Trademarks

To secure complete protection of trademarks against infringement, a multiclass trademark registration is required when you register a brand is used for services and products that fall into several trademark classes. For instance, the ABC Limited corporation uses the “ABC Limited” trademark to manufacture and market a variety of goods that fall under various trademark classes. Its products are distinct, thus in order to protect them, it needs to register a trademark in each relevant class.

A business may submit an application for a multiclass registration of trademarks since it is laborious and time-consuming to file separate trademark applications for registration for distinct classes. Using a multiclass registered trademark application, a business can concurrently file for trademark registration of more than one class of goods.

 

Can I File Trademark in Multiple Classes?

Yes, in India, a trademark owner may register their brand under more than one class of goods or services with a single application. This type of application is known as a multiclass trademark.

 

Understanding the Value of Trademark Registration

Trademark registration is an essential part of creating and registering a brand’s identity. Set your goods and services apart from that of your rivals, it gives you the sole right to use the brand name for registration and emblem throughout India. Furthermore, if infringement does happen, having trademark registration can give you a strong legal foundation to combat it and discourage future infringers. Essentially, creating and preserving the reputation of your company and market position is the main goal of trademark registration, not merely adhering to the law.

 

Handling Indian Trademark Registration Fees

Knowing the associated charges is the first step towards registering a trademark. The Indian government sets the fees, which vary according to the type of trademark and the applicant’s category. Trademarks Office (ITO). The charge for those client with has govt. MSME is Rs. 6,500/- for individuals, start-ups, and small businesses, which motivates them to safeguard their intellectual property. If the user does not possess a government MSME certificate, the cost per classes for larger enterprises is INR 11,200/- for a single trademark application, while the government fee is INR 9,000/-. By making trademark registration affordable for companies of all sizes, this tiered cost structure hopes to promote innovation and protect to register a brand.

 

Trademark Registration’s Digital Revolution

India’s trademark registration process has changed as a result of the implementation of digital procedures. In addition to streamlining the application procedure, the online e-filing method provides a financial benefits. Trademark registration is now more user-friendly and efficient thanks to this digital transition, which is in line with the government’s Digital India aim to modernize administrative procedures. 

 

Step-by-Step Guide to Trademark Registration

There are multiple steps in the trademark registration procedure, and each is essential to the effective registration of your brand’s trademark. Together, we will look more closely at each step. 

1. 1. Trademark Selection: The cornerstone of your brand registration for identification is the choice of a memorable and distinctive trademark. In order to develop a trademark that reflects the registration of the brand’s principles and appealing to your target market, this step comprises brainstorming and innovation.
   2. Classification of Products or Services: Knowledge of the 45 classes that make the basis of the Nice Classification method is essential to correctly registering a trademark in the appropriate categories. This guarantees all-encompassing protection within the particular industries you work in.
   3. Conducting a Trademark Search. A thorough trademark search is required to ensure the mark you have chosen is not already in use or registered. By spotting possible conflicts prior to application filing, this process can help you save time and money.
   4. Submitting the application for a trademark: After your distinct trademark has been located and categorized, the ITO application must be filed. This can be completed quickly and easily online by utilizing the digital platform. A thorough description of the trademarks and the products or services it symbolizes must be included in the application.
   5. Examining trademarks and raising objections: The ITO will review your application when it is filed to look for any problems or disputes. In the event that objections are raised, moving your application forward requires a timely and effective response.
   6. Period of Opposition: If your application is approved after review, it will eventually be published within the Trademark Journal, giving anyone else the opportunity to object. It is essential to overcome any opposition in order to complete the trademark registration process.
   7. Enrollment and Extension: Your trademark gets protection for ten years following successful registration; thereafter, it needs to be renewed. Sustaining protection for your trademark is ensured by keeping a regular check on its status and timely renewal.

 

Procedure for Multiclass Trademark Registration

The process for submitting a multiclass trademark registration application is as follows.

1. Search for Trademarks: Companies or trademark owners need to perform trademark searches for each class of trademarks they wish to apply under. It is their responsibility to search for and determine whether the goods manufactured in each class have a similar or identical brand. A trademark application for the goods may be refused across all applied classes if there is an identical or similar trademark for the products under one class but not under another. This could lead to an objection to the registration of the goods in that class. As a result, the owner of the trademark must make sure that no other comparable trademarks are present in any of the classes where the registration is requested.
2. Filing a Trademark Application: When registering a trademark under several classes, the owner of the trademark may submit a single trademark application. An owner for the registration of a brand or business may list all of the classes in one application for multiclass registered trademarks (Form TM-A).
3. Examine of the application: When the trademark owner files the request for trademark registration, the examiner will review the document to make sure there are no errors. If the application is accepted by the examiner, the trademark will be registered in the trademark journal.
4. Opposition to the application: Any third party may object to a trademark’s registration under one or more classes of registration once it is published within a trademarks journal. In a circumstance like this, the entire trademark application process ends. To oppose trademark registration within any or all classes, a Registrar of Trademark (Register) will hold a hearing. The result of the opposition will be decided by the Registrar. That being said, if no objection is raised within the three months allowed, the Registrar grants trademark registration.
5. Certificate of Registration: The trademark Registration Certificate will be issued for each of the listed trademark classes under the Trademark Office’s seal by the Registrar upon dismissal of trademark objection or the absence of protest to the publication of the trademark.

Is it possible to transfer products or services between related single-class applications?

Yes, provided the application in which the item is being deleted was submitted before or on the filing date for the companion its application in which the item will be added, products or services form a single-class applicant may be transferred to a companion application. The general rule states that the identity of the goods or services as originally filed cannot be expanded. While adding an item to a companion application may potentially expand its reach, the scope of all single-class apps as a whole has not been expanded. Eligible single-class applications must be filed on the same filing date and for the same mark. Because of this flexibility, filing several single-class applications may be preferable to filing a multi-class trademarks application, particularly if any of the classes have Intent-To-have as their filing basis.