A classification of your trademark is essential for defending your brand. To define the scope of your trademark protection, you must choose the appropriate category or class for your products or services. The two most common ways for classifying trademarks are trademark attorneys and trademark class finders. Given that each has its advantages, choosing between them can be difficult.
What is the Trademark Class?
B trademark classes are categorised based on the types of goods or services intended for trademark protection. There are now 45 trademark classes established in India, as per the Trademark Act of 1999. The framework these classes provide helps avoid potential trademark objections and streamlines the trademark registration procedure for marks.
The remaining 45 trademark classes are divided between services and products, with 34 classes expressly intended for products. These classes provide thorough coverage for several categories by including a large range of products and services.
The suitable class(es) that match the applicant’s goods or services can be chosen. The TM-1 form is necessary if they decide to file under just one trademark class. The filing of form TM-1 is also required in the case of group trademark registration.
Know the Trademark Class for Goods and Services
A trademark is a legally protected sign, word(s), or mark used to set one good or service apart from others. The owner of a trademark is given the authority to protect it once it has been registered. There are various classifications for manufacturers or service providers, and each class requires a distinct registration. Two major categories can be made from the list of trademark classes:
- Trademark Class for Goods: This class deals with the registration of logos connected to a range of material commodities or products.
- Trademark Class for Services: This class is meant to be used for the registration of trademarks associated with various services offered by organisations or by private individuals.
Trademark Class for Goods:
The procedure of registering a trademark must include the classification of trademarks into classes. The World Intellectual Property Organisation (WIPO) has established 45 trademark classes to categorise various products and services. These classes assist in methodically classifying and registering trademarks according to their unique characteristics.
The following are the trademark classes for goods:
| Class | Description |
| 1 | Chemicals: chemicals that are utilised in manufacturing, forestry, photography, tanning, adhesives, and unprocessed resins |
| 2 | Coal, lacquers, paints and pigments, printing, mordants, and artwork |
| 3 | Cosmetics, cleaning supplies, abrasives like bleach, natural oils, and laundry goods |
| 4 | Fuels, greases, illuminants, wetting and binding compounds, and industrial oils |
| 5 | medicines, tooth wax, cleaning supplies, pesticides, and fungicides |
| 6 | Castings in metal, locks, safes, hardware, building supplies, and alloys |
| 7 | Land vehicles not included, but machines and machine parts |
| 8 | razors, hand tools, and cutlery |
| 9 | Calculators, data processing tools, and teaching tools |
| 10 | medical, dental, and surgical equipment |
| 11 | device for cooking, heating, and lighting |
| 12 | Transportation equipment for the land, water, and air |
| 13 | Fireworks, weapons, explosives, and ammunition |
| 14 | Jewellery and precious metals |
| 15 | Musical instruments |
| 16 | Paper, cardboard, print matter, playing cards, paint brushes |
| 17 | Rubber, gum, mica, asbestos, and goods not included in other classes |
| 18 | Leather goods, animal skins and hides |
| 19 | Non-metallic rigid pipes, pitch, asphalt, and bitumen |
| 20 | Furniture, mirrors, cork, reed, cane, and other articles |
| 21 | Household and kitchen utensils, cleaning articles |
| 22 | Ropes, nets, sacks, textile materials |
| 23 | Threads and yarns |
| 24 | Textile goods, bed sheets, table covers |
| 25 | Footwear, clothing, headgear |
| 26 | Rugs, non-textile carpets, wall hangings |
| 27 | Floor coverings |
| 28 | Playthings, sporting items, Christmas decorations |
| 29 | Meat, poultry, eggs, oils |
| 30 | Coffee, sugar, tea, cocoa, spices |
| 31 | Fresh fruits, vegetables, grains, seeds |
| 32 | Aerated drinks, fruit drinks, beverages |
| 33 | Alcoholic beverages (excluding beer) |
| 34 | Matches, tobacco, smoker’s articles |
Trademark Class for Services:
In order to protect products or services, a trademark application may be submitted under one of several classes. There are 45 classes in total, 34 of which deal with commodities and 11 with services. Each class stands for a certain group of products or services.
The 11 categories for services are as follows:
| Class | Description |
| 35 | Advertising and business services that aid in managing affairs, administration, or office functions. |
| 36 | Insurance, financial activities, real estate, and monetary affairs. |
| 37 | Construction, repair, and installation services provided by contractors or subcontractors. |
| 38 | Telecommunication services. |
| 39 | Transportation and storage services by land, air, or water. |
| 40 | Services related to material treatment. |
| 41 | Education, entertainment, sporting, and cultural activities. |
| 42 | Scientific, technological, and research services, including computer hardware/software development and legal services. |
| 43 | Temporary accommodations and food/drink preparation services, excluding services covered by other specific classes. |
| 44 | Medical, veterinary, beauty, hygienic services, and horticulture/agriculture services, excluding services from other classes. |
| 45 | Legal and security services, social and personal services rendered by others to meet individual needs. |
Choose the Correct Trademark Class
When submitting an application for a trademark, choosing the proper class and words is essential. Your trademark registration will only be valid for the particular products and/or services you list in your application. After submission, further goods or services cannot be added.
For instance, you would select class 25, which includes apparel, footwear, and headgear, if you intended to utilise your trademark on your own clothing lines. Choose class 35, which includes office work, business administration, company management, and advertising, if your goal is to sell goods from other manufacturers in a retail setting. You would further define the word “retail services” in this class in reference to apparel.
What is a Trademark Class Finder and When is it Useful?
A trademark class finder aids in classifying trademarks for products and services. A database is available online. The most relevant category can be found by searching. It is both time- and money-efficient. This is a fantastic choice for folks who don’t want to hire an attorney.
The Benefits of Using a Trademark Attorney for Trademark Classification
The advantages of hiring a trademark attorney for trademark classification are as follows:
- You can handle the difficult legal procedure of trademark classification with the aid of a trademark attorney.
- A trademark attorney can offer specialised legal counsel catered to your unique circumstances.
- A trademark attorney can assist you in identifying potential barriers to obtaining trademark approval.
- If your trademark is contested in court, a trademark attorney can represent you.
When to Use a Trademark Class Finder and When to Consult a Trademark Attorney
- A trademark attorney or trademark class finder should be selected based on a variety of reasons.
- The complexity of the goods or services, the available budget, and legal expertise are all factors.
- An effective option for a simple service and a tight budget is a trademark class finder.
- But for complicated goods or services and better approval possibilities, speak with a trademark attorney.
Trademark Class Finder vs. Trademark Attorney
When it comes to trademark registration and protection, Trademark Class Finder and Trademark Attorney serve separate functions.
Trademark Class Finder:
- This is often an online application that assists people and businesses in choosing the best class or classes for their products and services when registering trademarks. It aids in understanding the classification system used for trademarks and is helpful for preliminary research.
- These resources can be used to make a preliminary assessment before consulting a professional and are often created to give a basic grasp of the trademark categorization system.
- For quick research, they are practical and economical, but they might not offer the level of analysis or legal knowledge that a trademark attorney can.
Trademark Attorney:
- A lawyer with expertise in trademark law is known as a trademark attorney. On every facet of trademark registration, protection, and enforcement, they offer professional direction and legal counsel.
- They may carry out thorough trademark research to make sure the proposed mark is not already in use and offer legal counsel regarding a brand’s ability to be registered.
- They take care of every step of the trademark registration procedure, from writing and filing the application to responding to office actions and managing any potential legal issues.
- A trademark attorney can represent a client in court if necessary and provides individualised counsel based on each client’s particular circumstances.
| Trademark Class Finder | Trademark Attorney |
| Cost-effective | Expensive |
| Time-efficient | Time-consuming |
| Ideal for straightforward goods or services | Suitable for complex goods or services |
| Limited legal advice | Personalised legal advice |
| No guarantee of approval | Higher likelihood of approval |
Cost Considerations in trademark class finder vs. trademark attorney
Understanding the services offered and the level of skill involved in each choice is crucial when comparing the costs of using a trademark class finder versus engaging a trademark attorney. Here are some crucial things to remember:
Cost of the Service:
- Automated tools or software known as trademark class finders can assist in determining the right classes for your trademark. These are a cost-effective choice for preliminary research because they are typically inexpensive or perhaps even free.
- On the other hand, trademark attorneys offer expert legal services and frequently demand more money. These costs can change based on the case’s intricacy, the lawyer’s experience, and the location.
Accuracy and Expertise:
- Trademark class finders can help identify prospective trademark classes as a starting point, however they might not be as accurate and insightful as a human expert. Trademark attorneys provide the legal experience and information necessary to conduct thorough trademark searches and guarantee that your trademark is properly categorised, lowering the chance of future legal problems.
Legal Guidance and Support:
- Attorneys who specialise in trademark law can offer thorough legal advice at any stage of the trademark registration procedure. They can give you legal guidance on a variety of topics, carry out exhaustive trademark searches to make sure your mark doesn’t conflict with any already-registered trademarks, and manage any prospective legal challenges or oppositions.
- Beyond identifying classes, trademark class finders often do not provide legal counsel or assistance, leaving you to handle the intricate legal requirements and potential difficulties on your own.
Risk Mitigation:
- By hiring a trademark lawyer, you can reduce your risk of facing legal issues or objections to your trademark. Attorneys can help you avoid potential legal traps and can offer insightful information about the chances of your trademark registration being successful.
Long-term Cost Savings:
- Even though engaging a trademark attorney may cost more up front, their knowledge may enable you to avoid expensive legal fights, re-filings, or rebranding initiatives that may result from improper classification or other problems.
Conclusion
While Trademark Class Finder might be helpful for initial research, companies should eventually seek the advice of an experienced trademark attorney to ensure full protection for their priceless intellectual property assets. Making thoughtful decisions and navigating the complex world of trademark classifications needs significant thought and research. Businesses may choose the best course of action to protect their brands and lay a solid basis for future growth and success by being aware of the advantages and disadvantages of both alternatives.
