How many Classes of Trademark are there in India?

How many Classes of Trademark are there in India?

What is a trademark?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.

The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

A trademark:

  • Identifies the source of your goods or services.
  • Provides legal protection for your brand.
  • Helps you guard against counterfeiting and fraud.
A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

For example, let's say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn't mean you can stop others from using a similar logo for non-woodworking related goods or services.

Another common misconception is believing that choosing a trademark that merely describes your goods or services is effective. Creative and unique trademarks are more effective and easier to protect. Read more about strong trademarks.


Owning a trademark vs. having a registered trademark

You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you’re providing your goods or services. If you want stronger, nationwide rights, you’ll need to apply to register your trademark with us.

You’re not required to register your trademark. However, a registered trademark provides broader rights and protections than an unregistered one.

For example, you use a logo as a trademark for the handmade jewelry you sell at a local farmer’s market. As your business grows and you expand online, you might want more protection for your trademark and decide to apply for federal registration. Registering your trademark with us means that you create nationwide rights in your trademark.

Trademark examples

Almost anything can be a trademark if it indicates the source of your goods and services. It could be a word, slogan, design, or combination of these. It could even be a sound, a scent, or a color.


Standard character trademarks

Most trademarks are registered as standard character-only trademarks. These trademarks consist of words, letters, numbers, or a combination of those without a specific font, size, color, or design. Basically, you’re protecting the words regardless of how they’re displayed.

Some standard character examples include:

  • Coca-Cola®
  • Under Armour®
  • Twitter®
  • It’s finger lickin’ good!®
  • Just do it®
  • America runs on Dunkin’®

Special form trademarks

Special form trademarks include trademarks that are stylized, have designs, or are in color. With trademarks that use a special form format, the stylization and design is an important part of the trademark, and so you’re protecting the way the trademark looks.

The golden arches of McDonald’s® is an example of a design that is a registered trademark.


The Nike® logo with the swoosh is a combination of a word and a design that is a registered trademark.




Nike logo with text in bold black font above swish symbol







The format of the trademark you apply to register affects your application filing requirements. Learn more about the two different formats of trademarks and their filing requirements.

Trademarks with their specific goods or services

Head and shoulders logo in italic font with circle symbol in blue

 

Head & Shoulders® in standard characters with no design or stylization is a registered trademark for “hair shampoo” owned by the Procter & Gamble Company. 

The Head & Shoulders logo, shown here, is a separately registered trademark for “medicated hair care preparations” owned by the Procter & Gamble Company.

 

Google logo with each letter of the word google in a different color

Google® in standard characters with no design or stylization is a registered trademark owned by Google, LLC for many goods and services. Some of these are “software for accessing and searching online databases and websites,” “technical consulting services in the field of archiving of data for others in the nature of historical records and documents,” and “computer services, namely, creating cloud-based indexes of information.”

Google also has multiple registered designs in stylized font for the word Google for goods and services, like “computer hardware” and “bill payment services.” The letters in Google, shown here, are specific colors and are in a specific order and font style. These make up the features of the trademark.

 

Facebook logo with white font on blue background

Facebook® in standard characters with no design or stylization is in multiple registered trademarks owned by Facebook, Inc. These registrations are for numerous goods and services, such as “social introduction, networking and dating services” and “application programming interface (API) for computer software which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management.”

Facebook, Inc. also owns multiple registered design marks with the term “Facebook” for goods and services, such as “computer search engine software” and “application service provider (ASP) services, namely, hosting computer software applications of others.”

DISCLAIMER: References to particular trademarks, service marks, certification marks, products, services, companies, or organizations appearing on this page are for illustrative and educational purposes only and do not constitute or imply endorsement by the U.S. government, the U.S. Department of Commerce, the U.S. Patent and Trademark Office, or any other federal agency.

Using the trademark symbols TM, SM, and ®

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.

Once you register your trademark with us, use an ® with the trademark. You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.

Created & Posted by (Aashu)
CA Article at TAXAJ

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