Trademark Class Search Report for Registration

Trademark Class Search Report for Registration

Trademark Class Search

Trademark

The Trade Marks Registry was established in 1940 in India, and currently, it administers the Trademarks Act, 1999. The Trade Marks Act 1999 is to register trademarks applied for better protection of trademarks and to prevent fraud actions taken by the competitors.

What is Trademark Registration?

A trademark (popularly known as brand name) in layman's language is a visual symbol that may be a word signature, name, device, label, numeral, or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is, in paper form).
  •  It should be capable of distinguishing the goods or services of one undertaking from those of others.
  •  It should be used or proposed to be used the mark in relation to goods or services to indicate a connection in the course of trade between the goods or services, and some person has the right to use the mark with or without that person's identity.

As per the Trademark Act, Trademark registration in India helps the applicant or the trademark owner safeguard his logo or trademark. Trademark registration also helps to avoid duplication within the brands.

What is Trademark Class?

Trademark is segregated into 45 different classes according to the NICE classification, also known as the International Certification of Goods and Services. Among those 45 classes, 34 classes come under the Goods section and 11 under the Services section. Each class shows a specific category of Goods and Services. While applying for Trademark registration, it is necessary to choose a suitable class. A Trademark search is done while selecting an appropriate class for your goods and services. This classification is of almost 80,000 products.

Basics of Trademark Classification

Trademark class segregation is done in Goods and Services; each class has different types of goods and services.

Trademark Classification of Goods

The types of products that come under the Goods section are mentioned below:

  • A finished product is classified according to its function or purpose. Suppose the part or definition of a product is not mentioned in any class. The finished product is classified by analogy with other comparable finished products, as indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as the material of which the product is made or its mode of operation, are applied to the same.
  • A finished product is a multipurpose object, then. It may be classified in all classes that correspond to any of its functions. If those functions or purposes are not mentioned in any class heading, other criteria, such as the material of which the product is made or its mode of operation, are applied to the same.
  • In principle, raw materials, unworked or semi-worked, are classified according to the fabric of which they consist.
  • Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. The criterion indicated under (a) above applies in all other cases.
  • When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is, in principle, classified according to the material which predominates.

Trademark Classification of Services

  • The services are, in principle, classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not defined, by analogy with other comparable services indicated in the Alphabetical List.
  • Rental services are, in principle, classified in the same classes as the services provided utilizing rented objects.
  • Services that provide advice, information, or consultation are, in principle, classified in the same classes as the services that correspond to the subject matter of the advice, information, or talk.
Class numberDetails
Class 1Chemicals used in industry, photography, forestry, unprocessed artificial resins, Tanning, adhesive substances, etc.
Class 2Paintings, coals & pigmentation, lacquers, mordants, printing, art, etc.
Class 3Cleaning products, cosmetics, bleach and abrasives, laundry products, essential oils, etc.
Class 4Fuels, industrial oil, greases, illuminates, wetting and binding compositions, fuels, wicks, etc.
Class 5Pharmaceuticals, veterinary products, dietetics, dental wax, disinfectants, herbicides, fungicides, etc.
Class 6Metal castings, hardware, locks and safes, common metal and their alloys, building material (metal), and other metals are not included in any other class.
Class 7Machine and machine parts (except for land vehicles), incubators for eggs, etc.
Class 8Implements and hand tools, cutlery and razors, etc
Class 9Cash registers, calculating machines, data processing equipment, teaching apparatus, magnetic data carriers, etc
Class 10Surgical, medical, and dental apparatus, artificial limbs, eyes, teeth, etc.
Class 11Apparatus for heating, lighting, steam generating, cooking, refrigerating, drying, etc.
Class 12Apparatus for locomotion by land, water, and air.
Class 13Ammunition, firearms, explosives, fireworks, etc.
Class 14Precious metals and their alloys, products in precious metals, jewelry, etc.
Class 15Musical instruments etc.
Class 16Cardboard, paper, and goods made from these materials, print matter, bookbinding, paintbrushes, playing cards, printing blocks, etc.
Class 17Rubber, gum, asbestos, mica, and goods made from these materials and not included in other classes.
Class 18Leather and imitations of leather, articles made from these items and not included in other classes, animal skins, hides, etc.
Class 19Non–metallic, rigid pipes for buildings, asphalt, pitch, bitumen, etc.
Class 20Picture frames, mirrors, Furniture of wood, cork, reed, and cane are not included in any other category.
Class 21Household and kitchen utensils, brush-making material, articles for cleaning purposes, etc.
Class 22Nets, ropes, strings, sails, sacks and bags, fibrous textile materials, etc.
Class 23Yams and threads for textile use.
Class 24Textile and textile goods are not included in the other classes.
Class 25Clothing, footwear, and headgear.
Class 26Non-textile carpets, rugs, wall hangings, linoleum, and other materials cover floors.
Class 27Non-textile carpets, rugs, wall hangings, linoleum, and other materials cover floors.
Class 28Game and playthings and other sporting items are not covered under any other class. Christmas decorations.
Class 29Poultry items, jams, eggs, etc., oils, and edible oils.
Class 30Coffee, tea, sugar, cocoa, rice, tapioca, spices, etc.
Class 31Horticulture, agriculture, and forestry grains are not included in any other class. Fresh fruits and vegetables, seeds, malt, etc.
Class 32Aerated drinks, beer, non-alcoholic drinks (including juices and fruit drinks), and other things used to prepare beverages.
Class 33All alcoholic beverages (excluding beer)
Class 34matches, smoker's articles, tobacco

List of 11 product classes (Services)

Class numberDetails
Class 35Advertising and Business In this class, services that help the management manage the organization's affairs (commercial organization) are included. Any advertising activity in which an announcement is made to the general public or concerns any goods and services are included.
Class 36Insurance and Financial Activities relating to insurance, the finance sector, or the monetary sector are included in this class.
Class 37Construction and Repair In this class, the work is done by contractors, and subcontractors, in the making or repairing of buildings, or any restoration of creation to its original state is included.
Class 38Communication In this class, services that help communicate anything between people are covered, whether oral or visual.
Class 39Transportation and storage In this class, any service related to storing goods in a warehouse or any other place or transporting them from one place to another is included. Transportation can be via land, air, or water.
Class 40Material treatment In this class, any service which involves changing a chemical or the mechanical composition of a substance is included. Or any other service not included in any other class on the same lines.
Class 41education and Entertainment In this class, any service that improves a person or animal's knowledge or mental capacity is included. It also has benefits that entertain people or animals.
Class 42Any scientific and technological services or research or any development of any computer hardware or software or any legal services. It mainly includes the services provided by an engineer (designing, making blueprints, etc.) or any research for medical services.
Class 43Temporary Accommodations Any service provided by a person or establishment that includes preparing food or drinks for consumption services or providing a bed for stay is covered under this class. It consists of reservation benefits or a place of the visit supplied for animals.
Class 44Medical Services This class covers the services related to hygiene, medical services, first aid, and beauty parlor services to human beings or animals. It mainly includes the services of breeding animals, services relating to plant growth, medical advice, and services relating to artificial insemination.c
Class 45CAny personal or social service is covered under this class. It includes surveillance of people to protect their interests, safety, and well-being. It has social projects like matrimony services, funeral services, etc.


Created & Posted by (Aashu)
CA Article at TAXAJ

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