A name, logo, symbol, or brand that is used to identify a company’s products or services is called a trademark. It sets one company’s products or services apart from competitors. A business may use the same trademark to offer a wide range of products and services. 42 classes are utilized by the Trademarks Law of India to categorize trademarks used for various goods and services. In order to receive protection for the specific class of products and services it produces, a corporation that manufactures items and provides services falling under multiple trademark classes must register a brand / trademark under each of those classes. For the purpose of protecting trademarks under several classifications of products or services, a business does not need to submit separate ways register trademark applications. In order to register the trademark under more than one classes of products and services, it may submit a single multiple classes trademark application. Form TM-A is the trademark application needed to get multiclass trademark registration.
Types of Applications for Trademarks
The Trademarks Act of 1999 is currently administered by the Trademark Registry, which was established in India in 1940. The Trademark Registration Act of 1999 seeks to combat counterfeit marks, improve trademark protection for goods and services, and registered trademarks used within a certain nation. Marks that satisfy the requirements for registration within the Act and Rules are registered with the registry, which is its main purpose. Following the 2007 Trademark Rules Amendment, there were eight applications instead of seventy-five. We’ve listed the several trademark application forms below so you can choose the one that works best for you.
- A single trademark application: A single applicant (individual, startup, or small enterprise) may register a brand with a single trademark by the submission of a single trademark application. It’s an easy and popular way to safeguard your distinctive brand elements, such names or logos. Similar to what it does for people, the Indian government charges a filing fee to startups and small businesses. In order to file a single trademark, you need to fill out Form TM-A. The cost of filing a single application for a trademark is 6,500 rupees (If client have govt. MSME) on other side if client don’t have govt MSME certificate then charges for single application for a trademark is 11,200/- if filed electronically. Applications must be presented in person at the front desk counter of the appropriate office, or they may be sent by mail with all required supporting documentation.
- Application for Collective Trademarks: In India, associations or groups of people submit collective trademark applications as opposed to just one applicant. This kind of trademark is very helpful for businesses looking to create a unified brand and gain the trust of customers. For this application, an organization needs to send Form TM-A through the trademark registry. As specified in Form TM-A, the draft regulations along with Form TM-M must be provided if the application is for an entire mark or certification. Details about the members who are allowed to use the mark will be included in this form. It should be emphasized that only organization members are permitted to use the mark.
- Application for Multiclass Trademarks: Companies can register a brand under one trademark across several classes with a multiclass trademark application. Form TM-A must be filled out in order to register under the category of multiclass trademark applications. Because customers will only submit one application for each class, there won’t be as much documentation. The quantity of classes determines how much this application will cost. For example if any user ask for 2 classes, an applicant must pay Rs. 12,000 if client has govt MSME certificate or in other case without MSME it will be Rs. 22,400 for 2 classes.
Procedure for Multiclass Trademark Registration
The following is the procedure for submitting an application for multiclass trademark registration.
- Trademark Search: Every trademark class that a company wishes to file under requires the company to do a search for trademarks. They have to look for and see if there is an identical or comparable trademark for the products made in each class. A trademark application for the goods may be refused across all applied classes if there is an identical or similar register trademark for the products under one class but not under another. This could lead to an objection to the brand 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 within which a brand registration is requested.
- Application for Trademark Filing: When registering a trademark under several classes, the owner of the trademark may submit a single trademark application. A trademark owner or company may list all of the classes in an identical application (Form TM-A) for multiclass trademark registration. The application may be submitted offline to an Office of Trademark Registry or online via website.
- Examination of the application: The examiner will check the application for errors once an owner of a trademark files the application for trademark registration. The trademark will appear in the trademark journal if the examiner approves the application.
- Opposition to the application: Any third party may object to a trademark’s registration under one or more classes of brand registration once it has been published within a trademark journal. The entire trademark registration process stops in such a situation. A hearing on the opposition to trademark registration under any or all classes will be held by the Registrar of Trademarks (Registrar). The Registrar will decide whether to accept the opposition. Nonetheless, the Registrar issues trademark registration if there isn’t any challenge within the allotted three months.
- Certificate of Registration: The Registrar issuing a Trademark Certificate of Registration beneath the Trademark seal for all specified trademark classes after dismissing trademark objection or in the absence of opposition to the trademark’s publication.
The benefits of registering a multiclass trademark
- One application for a trademark: A single application may be submitted by the applicant for a multiple classes trademark registration application in order to register a brand / trademark under several classes. In order to expedite the register trademark process, the Registrar will handle all classes jointly for a filed multiclass trademark application.
- Simplicity in the filing process: Filing separate applications for each kind of trademark registration is laborious and time-consuming. Instead than filling out numerous forms, it is simple to accurately complete one trademark application. Additionally, a multiclass program requires less work in the documentation.
- Trademark registration renewal: It is possible to renew a multiclass trademark registration efficiently with only one application. Each class of trademark registration will be examined and renewed simultaneously by the Registrar upon filing of a single multiple classes renewal application.
The disadvantages of registering a multiclass trademark
- Application Fees for Trademarks: A single trademark application and multiclass trademark applications are subject to the same government expenses. Each distinct class has fees that must be paid by the trademark owner. Therefore, paying costs for the filing of a single or multiple class trademark application is not beneficial.
- Objection to the application: Every class is covered by a single application filed by the trademark owner, so any objection or resistance in any one class will stop the registration process altogether. To divide the objected-to or opposed register trademark into classes from the multiple classes trademark application, a trademark owner may, nevertheless, file a divisional application. The Register of Trademarks will proceed with awarding register trademark for other trademark classes specified in the multiclass applications and hold a hearing regarding the objected or opposing trademark class once the objecting or opposed trademark class has been detached from the multiple classes trademark application. Divisional applications, however, will incur additional costs and time.
- Use of Trademarks in Every Class: A trademark for which the business or owner of the trademark receives multiclass registration has to be used for goods produced or distributed under each of the trademark classes. The trademark may occasionally be actively utilized in some classes but not in others. The Registrar is going to cancel the student’s registration for the unoccupied class in such a situation.