The Benefits of Registering a Trademark in Multiple Classes in India

Introduction

India is a common law country and priority in use is always beneficial as the trademark owners are allowed to claim common law rights over the mark by virtue of its use in the market. However, trademark registration in specific jurisdictions grants the trademark owners statutory rights over the mark along with the common law rights for any particular goods and services in respect of which the application is filed.

In this blog, we will discuss the purpose of trademark registration, including the step-by-step process in India, details regarding multiple class registration, benefits of trademarkregistration in multiple classes, challenges in the single multi-class applications, etc.

Understanding Trademark Registration in India

A trademark is a kind of intellectual property associated with any particular business which identifies and differentiates the goods and services of one person from those of others. A trademark can be a wordmark, device, logo, packaging label, symbol, sign, phrase or combination thereof. It to be noted that in order to protect the marks through trademark registrationtrademarkregistration, the Trademark owners have the option to file separate single class application in each single class of the relevant goods and services and/or a single multi-class application can also be filed to obtain statutory rights in several classes. Hence, trademark registration provides various benefits to the owners of marks including the enforcement of rights through lawsuits.

The primary steps involved in the Trademark registration process are mentioned below:

• Step 1: The application for a particular mark will be filed in the relevant class of goods or services as per the Nice classification. This application can be filed on a proposed to be used basis or claiming use from a prior date provided the mark is in use in the course of business.
• Step 2: Once the application is filed, the Examiner will be examining the trademark application and at this stage, the mark will either be objected by the Registry (on absolute and relative grounds of refusal) or be accepted by the Registry.
• Step 3: In case the Registry has raised the objection in the application, the Applicant will have to submit a written response to overcome the said objection within 30 days from the date of receipt of the Examination Report and further a hearing may also be scheduled for the oral submissions.
• Step 4: In case the application is accepted by the Registry, the same will be published in the Trademarks Journal for a period of 4 months. Within the said 4 months, any interested party may file an opposition against the application, before the Registry.
• Step 5: Once the timeframe of 4 months is over and no opposition has been filed by any third-party, the mark will be registered in the Register of Trademarks for a period of 10 years and will be available for renewal for another term of 10 years and so on.

What is Multiple Class Trademark Registration?

In simple words, it is a normal trademark registration only however, the mark will be registered in various multiple classes of business interest out of the total 45 classes. It is to be noted that the Multiple Class Trademark Registration is slightly different from the single class application since in a single class application, the statutory rights will be granted to the trademark proprietor over the mark with respect to the goods and services as claimed in that particular class.

However, a multiple class application covers additional aspects as well since the party obtains registration for the allied and cognate goods and services of the same family, other components of the goods and services that fall in different classes and these registrations in additional classes helps the client during the expansion of their business under the same brand and while enforcing the rights against the third-party. Further, the process of a multiple class trademarkregistration in India is fairly similar in comparison to the registration process of a single class application

Benefits of Registering a Trademark in Multiple Classes

There are various benefits of registering a mark in multiple classes and some of these benefits are mentioned below:

1. A registration of a mark in multiple class provides broader protection for the client as the mark will be registered for various allied and cognate goods and services as well.
2. Multiple classes registration will also be beneficial for the proprietor as the same will restrict/prevent the third-parties to adopt a deceptively similar or identical name for their goods and services.
3. Registration in multiple classes allows an opportunity to the owner to expand and diversify the business in other categories of goods and services under a similar name as well.
4. The Registry also allows the parties to file a single application in multiple classes which is sometimes helpful as the same effectively saves time and avoid hassle. Further, a single application number is generated for all the classes and hence, the classes submitted will also be processed together.

Common challenges in Registering a Trademark in Multiple Classes

Some of the common challenges of multiple class applications are set out below:

1. There is no benefit in the official fees when filing a single or multiclass trademark application in India as opposed to the trademark registration process in foreign countries where substantial discounts are provided on each additional classes.
2. In case of a single multi-class application, if the trademark Registry raises an objection or if an opposition is filed in one class out of all the classes, the whole application gets stuck and will be treated as objected. However, a trademark owner has the option to file a divisional application to separate the objected or opposed trademark class application from the original multiclass trademark application.
3. If the priority in use is claimed, in case of multi-class application, it is the obligation of the owner to show the priority in respect of the goods/services applied for in all the relevant classes.

Conclusion

To summarize, if a person or entity is filing a trademark for more than one class since their products fall under multiple classes, it is advisable to file a separate single-class application instead of one multi-class application since the chances of opposition or objections raised against any single class if they do go ahead with a multi-class application cannot be neglected.

Nevertheless, it is always advisable to connect with legal professionals who can assist the business professionally in getting the marks registered in a single class or multiple classes. Our team of top-notch and expert trademark attorneys excels in handling the entire trademark registration, objection and opposition process seamlessly and speedily. Our in-house trademark specialists can proficiently handle all trademark registration formalities and ensure a hassle-free experience. Connect with us via our website to initiate and fast-track your trademarkregistration process.