Trademark Class finder

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As per the NICHE classification, Trademark Classes are classified into 45 classes from which class 1 to 34 deals with the goods and class 35 to 45 deals with the services. Each of the trademark class represents a distinct set of goods and services. While filing a Trademark Application, the class of goods and services to which Trademark pertains must be mentioned in the Application. It is important to choose the right class of goods at the time of filing of the Application, otherwise choosing of wrong class of goods can hamper the whole registration process.

 

Trademark application can be filed in more than one class, if the business if the proprietor is involved in diverse. Further if Trademark is registered in one class, another entity can file a Trademark application in the another class. Filing of Trademark Application under one class does not give exclusivity to the person over the use of the mark. Trademark only gives exclusive right to use the mark to a person only in which class that mark is applied. Here is the list of trademark classes under from which product or services of a person will fall is described here as follows-

 

 

  • Class 1-  Chemical used in Industry, Science, photography, Agriculture, horticulture and Forestry; unprocessed plastics; chemical substances for preserving Foodstuffs.
  • Class 2- Paints; Varnishes; Preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; printer and artist.
  • Class 3-  Bleaching Preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery; essential oils; Cosmetics; hair lotions.
  • Class 4- Industrial oil and greases; Lubricants; Dust absorbing; Wetting and Binding Compositions; Fuels ( including Motor Spirit) and illuminants; Candles; wicks.
  • Class 5- Pharmaceutical, veterinary and Sanitary preparations; dietetic substances adapted for medical use; Food for babies; disinfectants; fungicides, herbicides.
  • Class 6- Common Metals and their alloys; metal building material; small items for metal hardware; Pipes and tubes of metals; goods of metals not included in other classes.
  • Class 7- Machine and machine tools; machine coupling and transmission components; agricultural implements other than hand operated; incubators for eggs.
  • Section 8- Hand tools and implements ( Hand operated); Cutlery; side arms; razors.
  • Section 9-  Scientific, electric, Photographical, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers.
  • Class 10- Surgical, Medical, dental and veterinary apparatus and instruments’ artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
  • Class 11- apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating; water supply and sanitary purposes.
  • Class 12- vehicles; apparatus for locomotion of land, air or water.
  • Class 13- Firearms; ammunition and projectiles; explosives; fire works.
  • Class 14- Precious metals and their alloys and goods in precious metals; jeweller, precious stones; horological and other chronometric instruments.
  • Class 15- Musical Instruments
  • Class 16- Paper, cardboard and goods made from these materials; printed matter; stationary; brushes; typewriters and office requisites; plastic materials for packaging.
  • Class 17- Ruber, asbestos, mica and goods made from these materials; Plastics in extruded form for use in manufacture; pack=king; stopping and insulating materials; flexible pipes.
  • Class 18-  Leather and imitations of leather; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips; harness and saddlery.
  • Class 19- Building Materials ( non- metallic), Non- metallic rigid pipes for building; asphalt; pitch and bitumen; non- metallic transportable buildings; monuments not of metals.
  • Class 20- Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, whicker, horne, bone, ivory, whalebone, shll, amber, mother of pearl, meerschaum or of plastic.
  • Class 21- Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi worked glass; glassware and earthenware.
  • Class 22- Ropes, strings, nets, tents, awnings, tarpaulins, sails, sacks and bags, paddling and stuffing materials (Except rubber or plastics); raw fibrous textile materials.
  • Class 23- Yarns and threads, for textile use.
  • Class 24- Textile and textile goods, not included in other classes; bed and table cover.
  • Class 25- Clothing, footwear and headgear.
  • Class 26- Lace and embroidery, ribbons and braids; button, hooks and eyes, pins and needles; Artificial flowers.
  • Class 27- carpets, rugs, mats and matting; linoleum and other materials for covering existing floors; wall hanging (Non-textile).
  • Class 28- Games and playthings, gymnastic and sporting articles not included in other classes; decorations for christmas trees.
  • Class 29- Meat, fish, poultry and game; meat extracts; preserved, dried  and cooked fruits and vegetables; jams, fruits sauces; eggs, milk and milk products; edible oils and fats.
  • Class 30- Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard ; vinegar; spices; ice.
  • Class 31- Agricultural, horticultural and forestry products and grains; Live animals; fresh fruits and vegetables; seeds, natural plants and flowers; food stuff for animals and malt.
  • Class 32-  Beers, minerals and aerated waters, and other non alcoholic drinks; fruit drinks and fruits juices; syrups and other preparations for making beverages.
  • Class 33- Alcoholic Beverages (Except beers).
  • Class 34- Tobacco, smokers’ articles, ,matches.
  • Class 35- Advertising, business management, business administration, Office functions.
  • Class 36- Insurance, Financial affairs; monetary affairs; real estate affairs.
  • Class 37- Building construction; repair; installation services.
  • Class 38- Telecommunications.
  • Class 39- Transport, packaging and storage of goods; travel arrangement.
  • Class 40- Treatment of materials.
  • Class 41- Education; Providing of training; entertainment; sporting and cultural activities.
  • Class 42- scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software.
  • Class 43- Services for providing food and drink; temporary accommodation.
  • Class 44- Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

 

Class 45- Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of the individuals.

What is Deceptively similar Trademarks case in India; Brief Example

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One of the biggest hurdle in getting the trademark registered is the similarity of the trademark with the existing similar marks. If you are having a similar mark with the existing mark then it creates confusion in the minds of customers. It is important to understand that Trademark is unique, i.e. it is not deceptively similar to the existing mark.

 

In order to get registered as Trademark in India, it has to fulfill the criteria of distinctiveness, Non- Similarity and it should not be prohibited by law. Deceptively similar mark is the most common ground on which objection comes from the side of Registry.

 

According to section 11(1) of Trademark Act, 1999, a trademark cannot be registered if it is deceptively similar, or identical, with the existing trademark and goods and services, that is likely to create confusion in the mind of public at large.

 

What is deceptively similar mark?

 

According to the section 2(h) of the trademark Act, 1999, it means that any mark which is similar or identical to the already existing mark, and which is likely to cause confusion among the mind of customers, is called deceptively similar mark which cannot be registered as trademark.

 

Famous Deceptively similar Trademark Case

 

In this case there were two marks i.e Starbucks and Sardarbuksh, so in this case sardarbaksh started its business in Delhi and also opened its 5 outlets across Delhi. Whereas Starbucks is a well known mark and also a registered mark all over the globe. And Starbucks filed a case against Sardarbuksh to stop its mark to use it further as it is deceptively similar mark with starbucks and also causing confusion in the mind of public at large. Therefore in this case court ordered Sardarbuksh to change its name to sardar-buksh as it was hampering the business of starbucks which is known and famous globally.

 

Want to get your trademark registered in India or want a suitable lawyer to handle your trademark cases , hire BIATConsultant – One of the best legal consultant in India .

Procedure For Registering Trademarks in India

Trademark-Regitration-Process

Trademarks is any name, slogan, graphics, shading mix or even notice that is a special articulation identified with an item or administrations that recognize its merchandise and ventures from others. By Trademark registration the proprietor gets a selective right of use of that trademark and can additionally exchange it likewise in the event that he need to.

For trademark registration initially, Trademark search is to be done, through which one gets demonstrate that current brand innocence or comparable name does not exist and further no protest could be raised by the registry.

At that point Application for trademarks is to be connected by an individual itself or they can pick their Attorney or Agents to do as such, as through BIATCONSULTANT trademark Registration can be connected for. At that point inside three long periods of Application the Applicant can utilize ™ image as it requires long investment for the registration of the trademarks and subsequent to getting registered the proprietor or the Applicant can utilize R image for its trademark.

Trademarks Registration process Online In India

Top off the Trademark Registration frame:

Before you start with the technique, the trademark registration shape is to be filled by the Applicant which is likewise called as TM-A (Trademark application) specifying your important subtle elements. The frame approaches about the business for your business, in the event that the trademark is being registered in its name, and the logo, slogan, word you are registering.

Trademark Search

Before you go for a trademark registration it is essential to ensure that there is no current or comparable trademark, so you will do trademark search first, or through Biatconsultant, we ensure that we do exhaustive search and after that disclose to you that whether your check is accessible or not.

Choice of Class

Each brand name and logo is registered under a specific class. The Trademark Registry has ordered the products and ventures in various classes i.e. from class 1 to 45. Through biatconsultant we assist you with searching and propose for the fitting classes under which your trademark falls. For instance, autos falls in various class while Restaurant falls in various class.

Trademark Application documented

When you have documented your application then you will get a ™ Number from the recorder which causes the Applicant to track the application or trademark status on the web and besides the Applicant can utilize the ™ image with their image name.

Fastening the Vienna Codification

This is the critical advance in Trademark registration. The Vienna Classification or Vienna Codification is the worldwide arrangement of the component of stamp. When you have recorded an application for a trademark, the trademark enlistment center will affis the Vienna Classification on your trademark. At this stage it is perused as “Application sent for Vienna Classification”.

Trademark Examination

After your trademark is sent for vienna order, the trademark officer will look at your trademark based on techniques and rules. After that the Trademark Application can either be acknowledged or Registry can raise the complaint based on examination report.

Hearing before trademark enlistment center/Officer

On the off chance that the Registrar isn’t happy with your application or has rejected our trademark application then you can go for hearing before the Registrar. Subsequent to hearing your focuses in hearing if recorder gets fulfilled then they can go for settle arrange or it is possible that they can dismiss their application. Also, on the off chance that you are not happy with the choice of the Registrar then you can approach the Intellectual Property Appellate Board.

BIATConsultant is #1 business consultant for Trademark registration online in India . Contact us now .