The primary function of a trademark is to safeguard your brand identity and identify your goods or services while distinguishing them from your competitors. Nevertheless, businesses often offer goods or services across many product categories or service sectors. In order to leverage the entirety of trademark protection, you should also register your trademark across multiple classes of goods and services. By registering your trademark in multiple classes, you will have at your disposal the legal tools to deter another from using or imitating your brand in other types of business activity. Therefore, as an entrepreneur, an entity or business, or anyone ensuring your brand’s offerings are protected in relation to other classes of goods and/or services, it is important to understand the process of how to register a trademark across multiple classes.
This guide will describe the process of registering a trademark in multiple classes in India, including the process, requirements and effects.
What does “Trademark Class” refer to?
In India, the trademark system follows the Nice Classification system, which establishes 45 classes for goods and services. Classes 1-34 refer to goods, and classes 35 to 45 refer to services. For instance, clothing is in Class 25 and advertising services are in Class 35. Registering a trademark in an individual class only protects your mark relevant to goods or services in that class; protecting your mark in all classes when applicable typically requires registering in multiple classes.
Advantages of Multiple Classes of Trademark Registrations
- Overall Protection of Your Brand- If you engage in business in various types of products or services, a single class will not provide trademark protection in all applicable classes.
- Faster Growth- You will be better positioned for growth because you will not have future delays or costs associated with expanding into new classes.
- Lower Risk of Infringement- You can engage in your business without worrying about someone else registering a similar mark in a different class.
- Improved Market Position- It demonstrates to customers and to the market that you are ready for growth.
Steps for Multi Class Trademark Registration Process
1. Identify All Relevant Classes
Start by listing every good and service your business currently offers, as well as those you plan to add in the near future. Refer to the Indian Trademark Office’s classification guide or Nice Classification for proper categories. This step is vital, as selecting incorrect classes may leave portions of your business unprotected.
2. Conduct a Trademark Search in Each Class
Before beginning the registration, carry out a comprehensive trademark search in each chosen class using the public database. This helps you check for prior identical or similar marks, which could pose a conflict, reducing the risk of objection or opposition later.
3. Prepare Your Application
For multi-class filings, you can use a single consolidated application (Form TM-A) and select all desired classes. However, the list of goods/services for every class must be clearly stated. Prepare your trademark logo or word mark, applicant details, class numbers, and a description for each class.
4. Pay the Required Fees
Trademark application fees in India depend on the number of classes included. The government charges fees for each class within the multi-class application. Carefully calculate total costs to avoid payment errors.
5. File the Application Online or Offline
Multi class trademark applications can be submitted via the official IP India e-filing portal or manually at the Trademark Registry office. Online filing is faster and more efficient, and you’ll receive an acknowledgement immediately.
6. Application Examination and Clarifications
The Trademark Registry reviews your application to check for procedural and substantive compliance. If objections or clarifications arise in any class, you will be notified, and you must respond promptly with supporting evidence or amendments.
7. Publication in the Trademark Journal
If the registrar is satisfied, your application is published in the Trademark Journal. At this stage, third parties can oppose registration in specific classes if they have prior rights.
8. Registration Certificate Issuance
Once the opposition period passes (usually four months) without contest or after resolving any disputes, the registrar issues the trademark registration certification covering all approved classes. You now have exclusive rights to use the mark in those business areas.
9. Trademark Renewal and Management
Trademark registrations last ten years in India and can be renewed indefinitely. Ensure you monitor deadlines, especially for marks registered in multiple classes. Renewal fees must be paid for each class.
Documentation Required for Multi Class Trademark Registration
- Details of the applicant (individual, company, etc.)
- Trademark logo or word mark image
- Comprehensive list of goods and services under each class
- Power of attorney if you appoint an agent or attorney
- Priority claim documents if relevant (for international filings)
- Proof of use or intent to use, if necessary
- Application fee receipts
Useful Advice for Businesses
- Strategic Class Selection – Consider both current offerings and possible future offerings. Many trademark disputes arise in the context of diversification.
- Professional Help: Trademark attorneys or agents can help with interpreting classification to avoid costly mistakes and problems administratively.
- Be Organized: Keep clear records of your trademark search, filings, communications, and renewal dates.
- Monitor the Journal: If a potential competitor or related brand files in a neighbouring class, you want to be proactive about opposing their filing.
Mistakes to Avoid
- Overlooking relevant classes may leave parts of your brand exposed.
- Failing to respond to examination reports or opposition notices in time.
- Listing incorrect goods/services can result in refusal.
- Neglecting renewals, risking loss of protection.
Conclusion
When you register a trademark in multiple classes, you are investing in the long-term future of your brand. It provides thorough protection, allows you to expand into new product or service areas, and deters infringements from third parties, regardless of the future state of your business. When you properly identify the classes that fit your needs, perform thorough searches, and develop your documents thoroughly, you feel secure and assertive in your multi-class trademark registration.
Every entrepreneur, established business, or start-up can benefit by registering their trademark in multiple classes to protect and ensure the brand’s identity across all areas of the market. Taking preventative measures towards trademark protection means that you are protecting the reputation of your company and the trust of your customers, ensuring your organisation can thrive in a competitive environment over the long run.
