Multiple Class Trademark Application – Trademark Registration in Cochin
What could be a Trademark?
Before discussing the multiple class trademark application lets see what trademark is. A trademark may be a reputation, word, image or device that is applicable in business or trade to denote a good’s supply and to form it stand out from the remainder. Service marks, however, dissent from logos in the fact that the supply could be a service and not a product. Hence, it helps to identify and distinguish the supply of that service. Multiple Class Trademark Application – Trademark Registration in Cochin is what we are going to be discussed in this blog.
Trademark registration in Chennai provides legal protection against unauthorized use of the registered name. The trademark is registered supported sorts of product and services. The ministry divides every type of products and services into 45 classes. To register the whole below the trademark, one should apprehend the right category of trademark. it should conjointly happen that the merchandise falls below over one category. It will be a tedious method to file every of the applications individually. Also, it is a time- overwhelming method.
Let’s take the instance of “Unilever”. Since it manufactures numerous product, to shield the whole for all its product, it must take the trademark registration in Coimbatore all told connected classes. For multiple trademark registration, one will apply it in 2 ways that. initial – an individual application in every category, second a multi-class application. In multi-class application, associate applicant will apply in additional than one category in an exceedingly single application.
Multiple class application
A Multiple class application is a trademark application for registering federal trademark application for Trademark registration in an exceedingly scenario wherever the somebody is seeking to register his mark for product or services in additional than one international category.
Filing a multiple class application, like all the things, has its own advantages and downsides. However, the main advantage is that you just don’t have to be compelled to file too several applications. This conjointly suggests that that you can solely have to be compelled to take care of the one application that you just file. In short, one trademark application can assist you in reducing the time and efforts you may place in.
Choosing multiple categories may need some incidental prices at a later stage though. the application divides among the classes within which the mark is employed and therefore the categories in which the marks aren’t used (if such a scenario will return up). A split in class then follows up with an additional fee.
Often, it’s best to say the most possible categories if the somebody goes to use all the products claimed all told classes well before the 6-month point when allowance. Otherwise, the best option is to form claims however it might get pricy with dividing and lengthening in a multiple-class trademark application for Trademark Registration still remaining a high risk.
How to File multiple class Trademark Application?
Following are the steps that you simply got to perform so as to file a multi-class trademark application:
1. Trademark Search
As critical common belief, having a novel brand name isn’t adequate to go and file a trademark while not performing a trademark search. This helps you to ascertain if there exist any similar logos and thus allows you to avoid any future hassles due to proceeding issues.
2. Filing Trademark Application in India
After confirming that you simply won’t be infringing somebody else’s trademark you’ll be able to like better to file a trademark form at the Trademark office, India. These offices set at chennai, Delhi, Mumbai, and city however you’ll be able to even do that stuff online.
3. TM Examination
After the Trademark application for Trademark Registration is filed the examiner can see for any discrepancies. the application may be accepted completely, not absolutely or object.
If it acceptable, flatly the tm can then get revealed within the tm journal. If it’s not acceptable flatly, then the objections are going to be declared and along side it. A month’s time will be provided to reply to the objections.
4. TM Publication
The publication includes within the registration process in order that anyone who has a difficulty with the trademark registration has the possibility to oppose it. In such a case, there’s a hearing and therefore the decision is given by the Registrar. If when 3-4 months of publication there’s still no opposition then the trademark application proceeds more.
5. Registration Certificate
Following its publication within the Trademark Journal. the application issue for registration wherever a registration certificate underneath the seal of the Trademark office is issued.
Trademark registration might be time-consuming however it’s vital so as to avoid any future proceeding issues.
Benefits of Multiple-class application
Single application
The multi-class trademark application are going to be thought-about as one application for all the applied classes. thus all the categories are going to be processed together.
Easy to file
It are going to be a tedious and time-consuming method to file every of the applications severally. The information are going to be correct in filing one application for multiple classes. there’ll be less documentation in an exceedingly multi-class application.
Trademark application fees
There are going to be no distinction in the government fees for a trademark application. The fees are going to be an equivalent for each separate application and one multi-class application. The fees will be Rs. 4500/- per category for man of affairs or MSME or Startup soul and Rs. 9000/- per category for different candidates. So, there’s no benefit within the multi-class application about the fees of trademark application.
Delay within the method thanks to one application
As it’s one application for all categories, the entire application can return to a hault if there’s a difficulty in any category. maybe, an applicant files a multi-class application for five categories. the complete application could place to hold if the Ministry finds any issue in one among the categories. The ministry will method the complete application only if a difficulty with the opposite application gets cleared. Hence, if there’s a doubt concerning the supply of the complete in one of the categories then it’s higher to file the individual applications altogether classes.
Rejection of an application
If the ministry problems objection or just in case of opposition rose by the third party in one among the classes that don’t get cleared then the entire application are going to be rejected even if the complete will register in different categories. there’s associate degree choice to divide the applications presently in order that one will get trademark registration in different classes. however it’ll consume beyond regular time and charges.
Trademark should be in use in every class
The soul should use the trademark in every category within which registration is taken. there’s a chance that the soul applies in varied categories however doesn’t continue business in all categories. In such a case, the ministry could cancel the trademark registration. The applicant must offer sufficient proofs of being continuous use of a trademark in such category.
Conclusion
If the product or service falls underneath multiple categories, then the applicant should register the trademark under all such categories. Otherwise, others could register an identical brand under different categories. If the brand is exclusive then one could apply it through a multi-class application. And if not then it’s higher to use it severally for all categories.