In India, trademarks are categorized into 45 distinct classes based on the type of goods and services they represent. Companies offering products or services across various categories need to secure trademark registration for each class to ensure protection. Traditionally, this requires separate applications for each class. However, a multiclass trademark application allows companies to consolidate their trademark registration across multiple classes into a single application, simplifying the process significantly.
Multiclass trademark registration streamlines the process of securing trademark protection across various classes through a single application. By filing one comprehensive form, known as Form TM-A, companies can apply for trademarks in multiple classes simultaneously. This approach not only simplifies the administrative process, but also significantly reduces the effort required to manage multiple separate filings.
An essential first step in the multiclass registration process is to conduct a detailed search for each class covered by the application. This search helps determine if similar or identical trademarks already exist, which could potentially lead to objections or the rejection of the entire application.
Companies can submit the multiclass trademark application online via the IP India website or offline at a Trademarks Registry office. This unified application allows the trademark office to handle several classes in one go, making the process more efficient.
Once the application is filed, it undergoes an examination where discrepancies are checked. If the application meets all criteria, the trademark is published in the Trademarks Journal, opening a period for any third-party oppositions.
If there are no oppositions or if the applicant successfully overcomes them, the Registrar issues a Trademark Registration Certificate. This certificate confirms the trademark’s registration across all the classes specified in the application, officially recognizing the rights of the trademark owner.
Advantages of Multiclass Trademark Registration:
Filing one application for multiple classes is evidently more efficient, saving time and administrative efforts. This consolidated approach simplifies the entire registration process from filing to renewal.
Renewals for multiclass registrations can be processed through a single application, making the maintenance of trademarks less cumbersome and more streamlined.
Disadvantages of Multiclass Trademark Registration:
Despite the consolidated application process, the fees remain the same as filing separate applications—the applicant must pay the government fee for each class included in the multiclass application.
A significant risk in multiclass applications is that an objection in one class can impede the entire registration process. Although divisional applications can resolve this, they incur additional time and fees.
The trademark must be actively used in all classes it is registered under. Non-use in any class can lead to cancellation of the trademark in that class, complicating the management of the trademark portfolio.
At Legal Terminus, we understand the complexities of trademark registration and are equipped to assist companies in navigating both the advantages and challenges of multiclass trademark registration. Our expertise ensures that your trademarks are managed efficiently, allowing your business to secure and maintain its brand identity across multiple classes with ease.
We endeavour to keep the information in this article up to date and accurate, but we are not responsible for any changes made after the date of publishing. This article is not intended as legal advice, and we strongly recommend consulting with a professional for specific guidance tailored to your situation.
Regards
CS Shipra Mishra
(B. Com, LL.B, FCS, Insolvency Professional, Registered TM Agent)
