+91 7305 345 345Multiclass Trademark Registration
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Multiclass Trademark Registration allows businesses to protect their brand across multiple categories of goods and services under a single application. It simplifies the process, saves time and cost, and ensures comprehensive brand protection. With Kanakkupillai’s legal expertise, you can easily file and manage your multiclass trademark registration in India.
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Multiclass Trademark Registration in India
Do you know what makes a business different from others? It is its brand. A brand is the only thing that helps people recognise a business and distinguish it from the rest. Nokia’s Ringtone, Nike’s logo, Cadbury's colour - all set them apart from the crowd. A brand can be a name, a logo, a tagline, or even special packaging. To protect a brand, businesses need to register it as a trademark. Though the Trade Marks Act, 1999, does not make registration compulsory, registration helps you to use your brand exclusively and prevents others from using it. Most businesses start in one area, but as they grow, they expand into different sectors under the same brand. When a brand operates in more than one sector, it needs protection in multiple classes. The Trade Marks Act, 1999, allows applicants to file trademark registration applications for different classes at one time. The process is easy and can be completed online or in person at the trademark office.
What is a Multiclass Trademark Registration?
As per the Nice Classification, all goods and services are divided into 45 classes. Out of these, classes 1-34 cover goods and classes 35-45 cover services. When you apply for trademark registration in India, it is essential to specify “The Class” to which you’re goods or services of your business belong.
For example:
- Clothing belongs to Class 25
- Cosmetics belong to Class 3
- Jewellery falls under Class 14
If a brand operates in more than one sector, it needs protection in more than one trademark class. In the normal course of business, the applicant files a separate application for each class. But the TradeMarks Act, 1999, also gives another option. Section 18(2) of the Trade Marks Act, 1999 states that a single application can be made for the registration of a trademark for goods or services falling under more than one class, and such registration is called multiclass trademark registration.
For example, if a company wants its brand secured for clothing, cosmetics, and jewellery, it does not need to file three different applications. Instead, it can file one multiclass application covering Class 25 (clothing), Class 3 (cosmetics), and Class 14 (jewellery).
Why Should You Choose Multiclass Trademark Registration?
Multiclass registration is useful for businesses that want to expand their brand into different fields. It has several benefits, such as
- Brand expansion: Trademark protection is available for all categories of goods or services under one mark. You can easily expand your brand without any hassle.
- Simplified process: One trademark application is easier to track and manage than multiple ones because in India, the approximate time to get your trademark registered is 12 to 18 months. The more the application, the more the time!
- Future security: It prevents others from registering a similar brand in classes where you may expand later.
- Uniform protection: Ensures that your brand has coverage across a wide range of goods and services.
Documents Required for Multiclass Trademark Registration in India
You need the following documents for a multiclass trademark registration in India:
Mandatory Documents:
1. Trademark/Logo/Wordmark
2. Applicant’s Details:
- Name, address, and nationality of the applicant.
- Type of applicant (Individual, Company, Partnership, LLP, etc.).
3. Details of Goods/Services:
- A clear description of the goods or services for which you want the trademark.
- Identification of the relevant classes based on the NICE Classification (1 to 45).
For example:
- Clothing: Class 25
- Cosmetics: Class 3
- Jewellery: Class 14
4. Power of Attorney (Form TM-48)
Documents based on the type of the applicant
1. For Individual or Sole Proprietorship
- PAN Card or Aadhaar Card of the applicant.
- Proof of business address (utility bill, rent agreement, etc.).
2. For Partnership Firm / LLP
- Partnership Deed or LLP Agreement.
- PAN Card of the firm.
- Authorization letter (if one partner is signing on behalf of others).
- User affidavit (if required to prove the use of the mark).
3. For Private Limited / Limited Company / OPC
- Certificate of Incorporation.
- Company’s PAN Card.
- Board resolution or a Letter of authorisation to file the application on behalf of the company.
4. For Trust or Society
- Registration certificate of the trust or society.
- Trust deed or governing rules.
- Authorization from trustees or the management body.
Optional Documents
- MSME or Startup India Certificate
- GST Registration Certificate
- Translation or Transliteration
Process of Multiclass Trademark Registration in India
Step 1: Trademark search
The first step is to check whether the chosen brand name or logo is already registered in the classes you are interested in. Search your brand on the IP India Portal.
Step 2: Identify the classes
The applicant has to identify the correct classes that match the business activities.
For example: A company selling electronic devices will need Class 9; simultaneously, it offers service - Class 37 will be required.
Step 3: Filing the application
The multiclass application is filed in Form TM-A under the Trade Marks Rules, 2017. The application should clearly mention all the classes under which your trademark is applied and briefly describe the goods or services in each.
Step 4: Payment of fees
The fee is charged per class on the trademark application. For individuals, startups, and small entities, the fee is ₹4,500 per class. For other LLPs and companies, it is ₹9,000 per class when applied online.
Step 5: Examination
The Registrar examines the application. The check is done to confirm if the trademark is legally acceptable, distinctive, and not conflicting with an existing mark. If there are objections, the applicant must respond and, in some cases, attend a hearing to address them.
Step 6: Publication
If your application is accepted, the trademark is published in the Trademark Journal. For 4 months, the public has time to oppose within the period of those four months of registration if they feel it infringes on their rights.
Step 7: Registration
If no opposition is filed, or if the opposition is decided in the applicant’s favour, the trademark is registered. A Registration Certificate is issued.
Voila! Your registered Trademark is valid for 10 years and can be renewed indefinitely by filing the renewal application + fees - calculated on a per-class basis.
Advantages of Multiclass Trademark Registration
- Convenience: Filing and managing one application is easier than handling multiple applications.
- Cost saving in legal work: Professional and administrative costs are lower compared to multiple filings.
- Unified brand strategy: Businesses with a vision of expansion can protect their mark broadly.
- Simplified tracking: Renewal dates and updates are linked to one application.
Disadvantages of Multiclass Trademark Registration
- Higher initial fees: Government fees are still charged per class. If you include five classes, you must pay fees for all 5.
- Risk of objection: If there is an objection in even one class, the entire application may face delays. This is a significant drawback compared to filing separate applications.
- Complex proceedings: If opposition arises in one class, it can complicate the status of the entire multiclass application.
- Renewal costs: Renewal is also charged per class, so that costs may remain high for businesses with many classes.
Difference Between Multiclass and Separate Applications
|
Point of Difference |
Multiclass Application |
Separate Applications |
|
Number of Applications |
One for multiple classes |
One per class |
|
Filing Fee |
Per class (but one form) |
Per class (multiple forms) |
|
Convenience |
Easier to manage |
More paperwork |
|
Risk |
Delay in one class affects the whole application |
Each class proceeds independently |
|
Renewal |
Renewed together, but per class fee |
Renewed separately |
Why Choose Kanakkupillai for Multiclass Trademark Registration?
When it comes to protecting your brand, choosing the right matters the most. Kanakkupillai makes trademark registration simple and reliable for businesses of all sizes. We provide:
- Expert Guidance: We assist you in filing and protecting your trademark correctly.
- Experienced team: Our team is well-versed in both Indian trademark laws and the intricacies of the field.
- Quick process: We file and monitor your application without delays.
- Affordable and transparent fee: Transparent pricing with no hidden costs.
- Full support: From choosing the right class for your application to applying! We are here to assist you from start to end!.
With Kanakkupillai, your brand stays safe while you focus on growing your business.
Frequently Asked Questions
What is a multiclass trademark registration?
It is a single trademark application that covers more than one class of goods or services. Instead of filing separate applications for each class, a business can apply for protection across multiple classes through one form.Is multiclass registration cheaper than filing separate applications?
The government fee is still charged per class, whether you file multiclass or separate applications. However, multiclass registration reduces paperwork, professional fees, and overall effort, thereby indirectly lowering costs.How many classes are there in trademark law?
There are 45 trademark classes under the International Nice Classification system. Classes 1-34 are for goods, while Classes 35-45 are for services.Can an objection in one class affect the whole multiclass application?
Yes. This is one of the disadvantages. If an objection or opposition is raised in even one class, it can delay or complicate the entire application.Who can apply for multiclass registration?
Any individual, startup, small or large enterprise, or company can apply for multiclass registration if they use or intend to use the trademark across multiple classes.How long is a multiclass trademark valid?
Just like any other trademark in India, it is valid for 10 years from the date of application and can be renewed indefinitely for further 10-year periods.What is the government fee for multiclass trademark registration?
The fee is charged per class. For individuals, startups, and small enterprises, the online filing fee is ₹4,500 per class. For other applicants, the fee is ₹9,000 per class.Can I file multiclass registration online?
Yes. Multiclass trademark applications can be filed online on the official IP India portal (https://ipindiaonline.gov.in ).Is it compulsory to file multiclass registration if I operate in more than one class?
No, it is not compulsory. You can either file one multiclass application or separate applications into different classes. The choice depends on your business needs, budget, and risk tolerance.What makes Us Different
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