When you are filing for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you have to file your trademark. Even when conducting a trademark search you need to know the “trademark classification” and “trademark classes“.
The system of trademark classification eases the process of registration of a trademark. It groups different categories of goods and services under one trademark class. Thus, it gives the trademark registration process a definite structure. Accordingly, the applicant can choose the broad class under which their goods or service description falls. The trademark classification of goods and services enables people to conduct a trademark search as well. Imagine having to look through thousands or even lakhs of registered trademarks to find out if there is a mark that is similar to yours. That would be a nearly impossible task. The trademark classification helps avoid this by allowing you to search for a prior trademark in the class that you want to register your trademark in India.
Trademark Act for Classification:
Section 7 of the Trademarks Act, 1999 provides that the Registrar shall classify goods and services in accordance with the international classification of goods and services for the purpose of registration of trademarks. The reason for this system is to give a definitive structure to the intellectual property rights granted by the registration of a trademark. This is made possible by specifying the goods or services covered by the mark by using a universally standard classification system. (NICE Classification).
In accordance with Section 8 of the Trademarks Act, 1999, the Registrar has published an alphabetical index of classification of goods and services on 29.11.2013.
The Fourth Schedule to the Trademark Rules, 2002 lays down the different trademark classes. The trademark classes are categorized in accordance with the different category of goods and services. The appropriate class needs to be identified before filing a trademark application. On the whole, there are 45 trademark classes. Of the 45, class 1 to 34 is for goods and class 35 to 45 is for services.
The Indian trademark classification of goods and services is based on the 10th edition of the NICE Classification. The NICE classification was established by the NICE Agreement in 1957. From 22nd December 2015, the Indian trademark office has started to provide Online Search Facility for Classification of Goods and Services for the purpose of registration of trademarks. Further, you can access the alphabetical index of classification of goods and services provided in NICE classification. This alphabetical index of good or services appearing in the class headings is general indications relating to the fields to which, in principle, the goods or services belong.
How to file the relevant Trademark Classes?
To search for the class under which your product or service falls,
i) you can browse and search Nice classification, or else
ii) choose CGPTM(IN) office databases in TMclass, and enter the product or service description in the box for search terms.
Further, You may be interested to read the following posts:
- The procedure of Registering a Trademark in India
- Trademark Registration Cost in India
- Multiple Trademark Classes in India
- Understand Trademark Application Status in India
- What is Trademark and Types of Trademarks