Multiclass trademark registration revolutionizes how brands protect their identities across diverse markets. It improves productivity and streamlines administrative procedures by enabling a single application to cover several categories of products or services. This methodology not only optimizes trademark administration but also guarantees all-encompassing safeguarding under a single registration, so promoting worldwide market accessibility and maintaining brand integrity.
Multiclass Trademark Registration
When a trademark is registered, it offers legal defense against unauthorized use of the registered brand name. Based on the kinds of products and services provided, the trademark is registered. All products and services are divided into 45 Classes by the Ministry (Ministry of Commerce and Industry). The right trademark class must be identified in order to register a brand under one. It is also conceivable that the product belongs to multiple classes. It will take time to submit each application individually.
A single trademark registration application covering many classes of products and/or services is called a multiclass trademark. As a result, trademark owners can register their brand only once and have it protected for an unlimited number of products and services. Administrative burdens are decreased as a result of its ability to manage trademark rights across many industries efficiently.
For instance, Unilever creates and manufactures a wide range of goods. In order to safeguard its brand, the brand collective might submit a single multiclass trademark application for all of its related or similar goods, which may be classified under several classes.
The Goal
There are benefits and drawbacks to filing a multiple-class application. The applicant will be able to protect a product in numerous classes with a single application, saving them the trouble of filing separate applications. Submitting a single multiclass application is also more efficient. By providing the information only once rather than several times, the applicant can save time and prevent inconvenience.
Pros of Multiple Class Trademark Applications
- Several Classes: One application that contains many classes is known to as an individual application. This means that the classes submitted will be processed simultaneously because the application will be treated as a single application for the classes that are applied for.
- Saves Time & Eliminates Hassle: When a product is eligible for various classes, and just one class of application is submitted, time and effort will be saved. Multiple applications for a single class will be necessary, and each one must be filed independently. In contrast, in a multiple-class application, all of the classes to which the product belongs will be combined into a single application for trademark registration.
Cons of Multiple Class Trademark Applications
- Higher Fees: Every applicant filing a multiple-class trademark application will pay the same official fee to the Indian Trademark Office. It costs Rs. 3500 to apply for a trademark that is part of a single class. The same payment is necessary for each class in which an application is lodged.
For example, the applicant must pay 3500*3, or Rs. 10, 500, in line with the Trade Marks Rules, 2002, in order to register their mark under three different classes.
- Opposition Stays Entire Application: Since several classes are being submitted in a single application, registration is delayed, and the application as a whole is suspended if there is opposition to any one class.
- Costs and Divisional Applications: An application may be subject to extra costs if it is submitted as a divisional application. The same will go through an incredibly laborious process and take a long time. Although it does not process these divided applications, the Indian Trademark Office assigns distinct application numbers for the divided classes. It defeats the purpose of allowing the classes that have not complained or are not opposed to moving on with registration.
Multiclass Trademark Registration Process
There are several important steps involved in the registration of a multiclass trademark:
- Trademark Search: Before submitting a request for registration, make sure that no similar or comparable trademarks are already registered in each class. This avoids criticisms that would result in rejection for all applied classes.
- Filing Trademark Application: List all planned trademark classes in a single application (Form TM-A). The Trademarks Registry Office accepts offline applications in addition to those submitted online through the IP India website.
- Review of the Application: The examiner looks over the application to make sure there are no problems. The trademark is published in the trademarks journal when it is accepted.
- Opposition to Application: Third parties may object to the trademark’s registration in any or all classes following publication. Hearings are held by the Registrar to address oppositions. The Registrar goes on with registration if no objection is raised within three months.
- Registration Certificate: The Registrar issues a Trademark Registration Certificate, including all applied-for classes, upon the rejection of any opposition or the uncontested expiration of the opposition period.
As far as there are no oppositions or objections elevated all through the application process, this process ensures that your trademark will be fully protected across several classes.
Conclusion
It is advisable to commence with distinct single-class applications when submitting a trademark that spans multiple classes unless it is highly unlikely to face objections. Although single-class application generally yields greater benefits; multiclass filings are allowed. An application that is rejected in its entirety because of objections within any class is the main risk associated with a multiclass approach. Although divisional applications can help with this, they make the registration process less simple by boosting costs and complexity.
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