Updated on July 16, 2024 07:53:50 AM
A Trademark is a design that distinguishes your company's name or product from the brands of competitors. It helps in making the company stand out and preserving its trustworthy brand reputation in the marketplace.
The Trademark Registration is a long and complex procedure. The Trademark Opposition Process is one of the stages in the TM Registration. Trademark Opposition can be raised by anyone who feels infringement regarding their Trademark. In this article, we will explore the complete stages of the process, the ground of opposition, the purpose, and the duration of the TM opposition process.
Trademark classes are divided according to the nature of the business and the product. These classifications are divided into 45 different categories, and each category is described separately.
![TM-Devicemark[Sample]](upload/TM-devicemark-Sample.png)
Classification of Trademark Classes is a system that ensures the Trademark is registered for a special good or service. It is also known as nice classification, which is the international classification of goods and services that applied for trademark registration. This classification includes around 80,000 goods and services.
Nice classification can be categorized into two major groups and a total of 45 classes. These are in the following manner:
| Trademark Classes | Category | Description |
|---|---|---|
| Class 1 | Chemical items | Chemicals used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry |
| Class 2 | Paint items | Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists |
| Class 3 | Cosmetics and Cleaning items | Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices |
| Class 4 | Fuel or greasing items | Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks |
| Class 5 | Pharmaceutical items | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides |
| Class 6 | Metal items | Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores |
| Class 7 | Machinery items | Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs |
| Class 8 | Hand tool items | Hand tools and implements (hand-operated); cutlery; side arms; razors |
| Class 9 | Electrical and Scientific items | Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus |
| Class 10 | Medical apparatus | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials |
| Class 11 | Environmental control equipment | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes |
| Class 12 | Vehicle product | Vehicles; apparatus for locomotion by land, air or water |
| Class 13 | Firearm items | Firearms; ammunition and projectiles; explosives; fireworks |
| Class 14 | Jewelry product | Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and other chronometric instruments |
| Class 15 | Musical instrument | Musical instruments |
| Class 16 | Paper and printed items | Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks |
| Class 17 | Rubber items | Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal |
| Class 18 | Leather items | Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery |
| Class 19 | Building material items (non-metallic) | Building materials (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal |
| Class 20 | Furniture | Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics |
| Class 21 | Houseware and glass product | Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paintbrushes); brush making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes |
| Class 22 | Rope and Fiber product | Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials |
| Class 23 | Yarn and Thread | Yarns and threads, for textile use |
| Class 24 | Textile items | Textiles and textile goods, not included in other classes; bed and table covers |
| Class 25 | Clothing and apparel item | Clothing, footwear, headgear |
| Class 26 | Fancy goods | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers |
| Class 27 | Floor covering items | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile) |
| Class 28 | Toys and Sporting items | Games, toys and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees |
| Class 29 | Meat and processed food | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats |
| Class 30 | Staple food | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice |
| Class 31 | Agricultural product | Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt |
| Class 32 | Non-Alcoholic drinks | Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages |
| Class 33 | Spirits and wines | Alcoholic beverages (except beers) |
| Class 34 | Smoke's items | Tobacco, smokers' articles, matches |
| Trademark classes | Category | Descriptions |
|---|---|---|
| Class 35 | Advertisement and business | Advertising, business management, business administration, office functions. |
| Class 36 | Insurance and finance | Insurance, financial affairs; monetary affairs; real estate affairs. |
| Class 37 | Constructions and repair | Building construction; repair; installation services. |
| Class 38 | Communication | Telecommunications |
| Class 39 | Transport and storage | Transport; packaging and storage of goods; travel arrangement. |
| Class 40 | Treatment services | Treatment of materials. |
| Class 41 | Education and entertainment | Education; providing of training; entertainment; sporting and cultural activities. |
| Class 42 | Computer and software service | Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| Class 43 | restaurants and hotels | Services for providing food and drink; temporary accommodation. |
| Class 44 | Medical and beauty | Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services. |
| Class 45 | Legal and social services | Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
Many people are really confused about which classes their trademarks should be registered in when they register their trademarks. The correct class must be selected in order to register a trademark because failing to do so raises the possibility of rejection for the applicant.
There are several reasons why selecting the proper class for trademark registration is crucial; some of them are summarised below:
Before selecting the trademark class for trademark registration, the applicant can reduce the chances of rejection by following these points:
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The applicant has to be very clear about the goods and service classes, during the trademark registration. The applicant can fill more than one class. It makes more clear about the business and helps to create a unique reputation in the market and their consumer’s minds.
According to the Nice classification, there are 45 classes. Class 1 to 34 is listed for the goods class and Class 35 to 45 is listed for the service class.
Trademark class 1 refers to the goods class. It includes all chemicals used in industry, horticulture, powders, adhesives used in industry, etc.
Goods and services classes are the categories of the classification of the product or type of the business, which is very important during trademark registration.
The Govt cost to register a trademark is Rs 4500 in India.
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