Before discussing the important classes in trademark registration in detail, let us have a brief idea what a trademark and trademark registration is all about.
A trademark is a recognizable concept that distinguishes the products or the services from others. It can be a sign, symbol, logo, design or an expression for that matter. An owner of a trademark can be an individual, business organization, or any legal entity. A trademark can be present on a package, a label, a voucher, or on the product itself. An owner of a trademark can take a legal action against trademark violation.
Let us say that you have come up with a new invention, a product or anything for that matter that is unique. The chances are quite high of your product or trade name being misused by others. So in order to protect your identity registering your trademark is very crucial. Trademark registration is governed by the Controller General of Patents Designs and Trademark, Ministry of Commerce and Industry under the Trademark Act of 1999.
Having explained about Trademark and a Trademark registration, let us now get to know about the various classes involved in a trademark registration.
Trademark class continue to play a very important role in trademark registration in this highly competitive world. Individuals with no legal background always confuse themselves like what business or brands are coming under trademark class. This blog will clarify all your doubts with regard to the trademark class.
What is a Trademark Class?
To get a Trademark in India, filing an application is very important. This is very essential to know under what Trademark class your goods or services are classified into. Unless you are not aware you will not come to know under what class your goods or services will fall. You need to know the Trademark class even when conducting a Trademark search.
A Trademark class will simplify the process of registration of a Trademark in India. It classifies the different categories of goods and services that are deemed to be suitable for the Trademark registration. A Trademark class also enables people to conduct a Trademark search.
Trademark act for classification
The Trademark Classes are governed by Section 7 of the Trademark Act, 1999. It specifies that the Registrar should classify the goods and the services in terms with the international system of classification. The reason is to provide a clear-cut structure to the intellectual property rights granted by the Trademark registration. This is carried out by a universally standard classification system known as the International Classification of Goods and Services (NICE).
The NICE Classification is further carried out by WIPO (World Intellectual Property Organization). This is an international classification system for the allotment of trademark class to the goods and the services for the purpose of registration of trademarks. WIPO frequently revises the changes and advances in technology and commercial practices.
The NICE Classification contains Class Headings, Explanatory Notes and an Alphabetical list of goods and services. The Class Headings explains the nature of the goods or services contained in each of the classes. Each class contains Explanatory Notes which describe the type of product or services. The Alphabetical List displays the specific items of goods and services in an alphabetical order along with an appropriate class.
List of Trademark Classes for the Goods
- Class 1- Chemicals used in industries, unprocessed plastics, manures, chemical substances for preserving food items, tanning substances, adhesives used in industries.
- Class 2- Paints, varnishes, lacquers, preservatives used against rust and degradation of wood, metals in foil and powder form for use in painting and decorating purpose.
- Class 3- Cosmetics and cleaning preparations, non-medicated soaps, perfumery, essential oils, non-medicated hair lotions, non-medicated cosmetics.
- Class 4- Industrial lubricants and fuels (including motor spirit), oils, greases, candles and wicks for lighting.
- Class 5- Pharmaceuticals, medical and veterinary preparations, sanitary preparations for medical purposes, baby food items, dietary supplements for humans and animals, plasters, dressing materials, dental wax, and disinfectants.
- Class 6- Common metals and alloys, metal ores, materials of metal for railway tracks, metal building materials for building and constructions, metal hardware, metal pipes, and tubes.
- Class 7- Machinery and tools, motors and engines (except for land vehicles), transmission components, agricultural implements other than hand-operated, automatic vending machines and incubators for eggs.
- Class 8- Hand tools and implements (hand-operated), cutlery and razors.
- Class 9- Scientific apparatus, photographic, cinematographic, life-saving and teaching apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, recording disks, compact disks, calculating machines, data processing equipment, computer software, fire-extinguishing devices, and digital recording devices.
- Class 10- Surgical, medical, dental apparatus, instruments, artificial limbs, orthopedic devices, therapeutic devices, and equipment for nursing infants.
- Class 11- Lighting, heating, steam generating apparatus, drying, ventilating and environmental control apparatus.
- Class 12- Apparatus for locomotion by land, water, and air.
- Class 13- Explosives, firearms, and ammunition.
- Class 14- Jewellery items, precious stones, and horological items.
- Class 15- Musical instruments.
- Class 16- Paper and cardboard, bookbinding materials, stationery, and office equipment, adhesives for the household purpose, paint brushes, printing blocks, bags for wrapping and packaging.
- Class 17- Unprocessed and semi-processed rubber, asbestos, mica, insulating tapes and materials, flexible pipes, tubes and hoses (not of metal).
- Class 18- Leather and leather products, animal skins and hides, trunks and travel luggage, carry bags, umbrellas, walking sticks, whips and collars for animals.
- Class 19- Non-metallic building materials, non-metallic pipes for building, asphalt, and bitumen.
- Class 20- Furniture, mirrors, picture frames, and containers (not of metal).
- Class 21- Kitchen utensils, containers, combs, sponges, glassware, and earthenware.
- Class 22- Ropes, strings, nets, tents, tarpaulins, cushioning and stuffing materials.
- Class 23- Yarns and threads for textile use.
- Class 24- Textiles, bed covers, table covers, linen, and curtains.
- Class 25- Clothing, footwear, and headgear.
- Class 26- Lace, embroidery, ribbons, buttons, pins, and needles.
- Class 27- Carpets, rugs, mats and wall hangings (non-textile).
- Class 28- Games, toys, video games, sporting items, decorations for Christmas trees.
- Class 29- Meat, fish, poultry, preserved food items, frozen fruits and vegetables, milk products and edible oils.
- Class 30- Coffee, tea, cocoa, bread, pastries, sugar, honey, spices, salt, and baking powder.
- Class 31- Raw and unprocessed grains and seeds, fruits, vegetables, foodstuff and beverages for animals and malt.
- Class 32- Beer, non-alcoholic beverages, fruit beverages, fruit juices, and syrups.
- Class 33- Alcoholic beverages (except beer)
- Class 34- Tobacco, smoker’s articles and matches.
- Class 35– Advertising, business management, and office functions.
- Class 36 – Insurance, financial affairs, and real estate affairs.
- Class 37– Building constructions, repairs and installation services.
- Class 38 – Telecommunications
- Class 39 – Transport, packaging, and storage of goods.
- Class 40 – Treatment of materials
- Class 41 – Providing training, education, sporting, and cultural activities.
- Class 42 – Scientific and technological services, industrial analysis, research services, design and development of computer hardware and software.
- Class 43 – Temporary accommodation, services for providing food and drink.
- Class 44 – Horticulture, forestry services, medical services, and veterinary services.
- Class 45 – Legal services, security services for the physical protection of tangible property and individuals.
Hope this blog would have provided you with sufficient knowledge with respect to different classes in trademark registration.