Multiple Class Trademark Registration – Trademark Registration in Trichy
What is multiple class trademark registration in India?
Trademarks can be one of the most valuable assets of your company. It is a form of identity and makes a significant contribution to the public image of the company. A trademark is a visual symbol – a word, name, number, label, logo, combination of colors, etc. It is a mark of uniqueness and helps customers identify a particular brand or company. The Trademarks Act, 1, 1999, governs the law relating to trademarks and their trademark registration. Trademarks in India are registered by the Comptroller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government. India. Multiple Class Trademark Registration – Trademark Registration in Trichy is what we are going to be discussed in this article.
Reason for filing multiple class
In some cases, it may be more efficient to submit an application with more than one class. With a single application, the application developer has to enter only after the applicant’s information, mark and correspondent’s information. Also, only one foreign filing needs to be finalized.
The multiple class application can save cash flow by enabling the applicant to pay for only one class in the initial filing. Eventually an action fee will be issued in which the applicant will have to pay for the remaining classes or delete the unpaid classes from the application. In some cases when partial rejection potential may only apply to a specific class, filing a multiple class application enables the applicant to delete the rejected class (s) without paying for the initial filing.
Drawbacks with multiple class
The drawback is associated with the multiple class trademark application
For the purpose of registering a newly created trademark / service-mark under more than one class of goods / services, the applicant has two options, i.e., he / she can file multiple common trademark applications separately; Or he / she resorted to filing a single multiple class trademark application in search of registrations under the two or more categories specified. Clearly, there will be no difference in the government fees paid under both the options.
The main and outstanding benefits offered by the Multiple Class trademark application are simple administrative work, and little savings in time and effort. But, there are some drawbacks related to multiple class trademark application, which are briefly discussed below.
The biggest drawback associated with filing a multiple class trademark application is the serious possibility of the entire application being blocked / rejected by the trademark registry, if there is any objection to the registration of the proposed trademark under the multiple class classes. Again, however, the applicant may use the departmental application to ensure trademark registration under the remaining (uncontested) categories, any such application will consume additional fees and time. Thus, it is advisable to file a multiple class trademark application only when the applicant is 100% sure that his application will not be opposed even for registration under multiple categories specified by any person / entity. Also, before filing an application under Form 511, the applicant must ensure that he / she will use the proposed trademark / service mark under all categories of selected goods / services shortly after the trademark registration (usually within five years; future trademark correction / To avoid the possibility of cancellation, as per Chapter VII of the Trade Marks Act, 1999).
When an objection is filed by a third party against any class, the other application of the same application stops moving towards registration. A departmental application will have to be submitted for distribution to other non-selected classes so that they can proceed with the registration.
Divisional Application – Cost and Timeline
As simple as it may seem, filing a departmental application not only costs extra but also takes a lot of time. Currently the Indian Trademark Office fee allocates separate application numbers for split classes, but does not process these split applications. The purpose of allowing a class that has not been opposed or opposed to proceeding to enrollment has been defeated.
If you are filing your own trademark application, it is highly recommended that you file a single class application, unless you are sure that there will be no conflict. If you are offering any advice, it is advisable to reach out to them and request a special fee to file one-class applications in multiple categories and many of them will be happy to raise you a special price.
How to file an application?
Following are the steps you can take to file a multi-class trademark application:
Contrary to popular belief, having a unique brand name is not as good as going without a trademark search and filing a trademark. This helps you to see if any similar trademarks exist and therefore allows you to avoid future troubles due to litigation problems.
File a trademark application in India
After confirming that you will not infringe anyone else’s trademark, you may choose to file a trademark application form on India’s trademark, Fees.
The tester will look for any discrepancies after the trademark application is entered. The application can be fully, conditionally or .abject adapted.
If it is acceptable, the unconditional TM will then be published in the TM Journal. If it is not unconditionally acceptable, the objection will be made public and with it. One month will be given to respond to the objections.
The publication is involved in the registration process so that anyone who has an issue with the trademark registration has the opportunity to oppose it. In such a case, there is a hearing and a decision is made by the Registrar. Months- of the publication. After months there is still no protest, the trademark application goes ahead.
Certificate of registration
After its publication in the trademark journal. The application proceeds for registration where a certificate of registration is issued under the seal of the trademark office fee.Trademark registration can be time consuming, but it is important to avoid any problems for future claims.
Trademark registration provides legal protection against unauthorized use of a registered brand name. Trademarks are registered based on the type of goods and services. The ministry divides all types of goods and services into 45 categories. To register a brand under a trademark, one must know the appropriate class of trademark. It can also happen that the product falls under more than one class. It will be a tedious process to file each application separately. Also, it is a time consuming process.