What are trade mark classes?
Common sets of goods or services are classified into different classes under the trade mark law. While filing for a trade mark, an applicant must indicate the class or classes to which his/her trade mark belongs. Registration of a trade mark is granted in a specific class or set of classes identified by the applicant. The international system of classification followed across the world is called as NICE Classification.
In India, classes 1-34 deal with goods and classes 35-45 deal with services.
Do I need to register my trade mark in more than one class?
Anyone who is in the business of goods and services which may come under more than one class may register his/ her trademark under multiple classes. It must be noted that, a mark registered under one class may not get protection under other classes, for example a mark registered for electronic goods under class 9 cannot get protection under class 25 for textile goods. If the producer is in multiple kinds of businesses, then he must file for registration of the trademark in all classes that relate to his businesses.
How long does a trade mark registration protect me?
A trade mark can be protected perpetually by continuously renewing it. After the initial registration, the trade mark protection extends to ten years. After the expiry of ten years, it can be renewed every 10 years by payment of the prescribed renewal fee. This process of renewal can be started 6 months prior to its expiry. In case the trademark is not renewed it will be removed from the register but can be restored if a request is made within one year from the date of expiry or the date of last renewal. However, the applicant is required to pay additional fee for such renewal.
What is trademark renewal fee & when must I pay it?
Every registered trademark has to be renewed once in every ten years from the date of filing of trademark and the fee for the renewal is Rs. 5000. The proprietor (the owner of the trademark) must pay the renewal fees before expiry of the term of ten years but not before 6 months from the date of expiry. If the renewal is done after the expiry but within 6 months then the fee will be Rs. 8000. If the renewal is done after 6 months of expiry but within 1 year, then the fee will be Rs. 10,000.