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Trademark Registration in India |
Application for registration in more than one class
Section 18(2) of the Trademarks Act, 1999 provides that a single application may be registration trademarks for different classes of goods and services. Every application has to be field in the office of trademark Registry within whose territorial limits the principal places of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situated.
However, the fees payable for registration in each class has to be calculated on the basis of number of classes in which registration is sought.
Earlier position:
Application to be confined to one class
of goods only
The goods were divided into 34 classes as contained in the Fourth Schedule to the Act. The said list contained no service marks.
The application for trademark registration was required to be confined to the goods comprised in one class only of the Fourth Schedule and separate applications were required for the same mark in different classes. For example, installation is lighting like tube lights, etc. fall under class 11 and furniture in class 20. So, if a person wanted to use his trademark both on tube lights and furniture then he was required to file two applications –one for class 11 and another for class 20.
Applications for the registration of the same trademark in different classes were treated as separate and distinct applications. The Registration in respect of the goods and services included in each separate class were deemed to be separate registrations.
Further the same trademark in two differential languages will acquire two separate applications even for the goods falling in the same class.
Even within a class, it is necessarily to name the specific items/goods on which the applicant uses or proposes to use the Trademark.
In the case of an application for registration in respect of all the goods included in a class, the registrar may refuse to accept the application, unless he is satisfied that the specification is justified by the use of the mark which the applicant has made or intends to make if and when it is registered.
And question arising as to class within which any goods fall shall be determined by the Registrar of Trademark whose decision is final.
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