TRADEMARK REGISTRATION IN CLASS 9

INTRODUCTION:

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

The Fourth Schedule to the Trademark Rules, 2002 lays down the different trademark classes. Trademark has a total of 45 classes and the manufacture of goods and services are grouped into different trademark classes. Each class requires a different trademark registration. This is a classification of almost 80,000 products and services and divided into two sections- Classes for Goods & Classes of Services. Thus, it gives the trademark registration process a definite structure. Accordingly, the applicant can choose the broad class under which their goods or service description falls. The trademark classification helps avoid this by allowing you to search for a prior trademark in the class that you want to register your trademark in India.

CLASS NINE OF TRADEMARK ACT:

Trademark Class 9 is for registering a varied range of trademarks for nautical, scientific, surveying, optical, photographic, cinematographic, weighing, signalling and measuring devices. Class 9 mainly includes nautical, scientific, surveying, optical photographic, weighing, cinematographic, signalling measuring, checking (supervision), life-saving and teaching instruments and apparatus; instruments and apparatus for switching, conducting, transforming, accumulating, controlling or regulating electricity; apparatus for recording, reproduction or transmission of sound or images; recording discs, magnetic data carriers; DVDs, compact discs and other digital recording media; mechanisms for coin-operated apparatus; calculating machines, cash registers, computers, data processing equipment; -extinguishing apparatus fire, computer software.  The following goods are also classified under class 9: Apparatus and instruments for scientific research in laboratories; Apparatus and instruments for controlling ships, such as apparatus and instruments for measuring and for transmitting orders; Protractors; Punched card office machines; All computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network. Therefore, Trademark Class 9 includes mainly computers, softwares, smartphone, electronics, CDs, DVDs and fire extinguishers.

The following goods must not be classified under 9: Electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor; Apparatus for pumping or dispensing fuels; Electric razors, clippers (hand instruments) and flat irons; Electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc.; Electric toothbrushes and combs; Clocks and watches and other chronometric instruments; Control clocks; Amusement and game apparatus adapted for use with an external display screen or monitor.

List of goods under class nine are: 3D spectacles, abacuses, accelerometers, acoustic [sound] alarms, acoustic conduits, electric adapters, adding machines, aerometer, alarm bells, electric, amplifiers, anode batteries, anode, audio- and video receivers, automated teller machines, barometers, bar code readers, barometers, batteries for lighting, binoculars, blueprints apparatus, boiler control instruments, buzzers, cables, electric, cathodes, cell phones straps, charges for electric batteries, chemistry apparatus and instruments, clothing for protection against fire / garments for protection against fire, compact discs, compact disc players, computer memory devices, computer programs, computer game software, computer hardware, computers, condensers [capacitors] / capacitors, contact lenses, copper wire, insulated, cordless telephones, cyclotrons, data processing apparatus, decorative magnets, diagnostic apparatus, not for medical purposes, digital photo frames, DVD players, dynamometers, ear plugs for divers, electromagnetic coils, electronic pens, fluorescent screens, floppy disks, etc.

REGISTRED MARKS UNDER CLASS NINE:

• LOGIC 7

Trademark Description: Loudspeakers, Radio, Navigation Systems and Telematics (Electronic link between Motor Vechicle and Satellite), Digital Signal Processing Equipment, Sound Processors, Amplifers, Preamplifiers,

• BULWARK

Trademark Description: Helmets & Its Accessories.

• INDOSL

Trademark Description: Switchgear, Panel Boards, Transformers, Starters, Autostraters Copper Wire, DPC Wire Submersible Winding Wires, Cables, Stabilizers and Electronic Instruments.

• MGURU

Trademark Description: All kinds of cables and electrical equipments

• CAPSULE

Trademark Description: Mobile Accessories & Tablet Accessories.

• PYCON CABLES

Trademark Description: Electric wires, power & control cables

REGISTRATIONS OF TRADEMARK CLASS NINE:

Trademark Search

Search for any identical or similar mark that is already available with Trademark Registry. Trademark Search has to be directed by the Trademark Registry Online Website.

Trademark Application Filing

After completion of the Trademark search, the Application for Trademark Registration will be filed with the Trademark Registrar. When the application is ready with the required details, the owner will file the Trademark Registering Application online or offline. For online application, Digital Signature Certificate is required, while, instead, for offline filing, an application has to be sent to the Trademark Registry office. Later the application is filed, the Registrar will review the application for any disagreements in it. 

Application for Allotment of Trademark

The application filed with the Trademark Registrar, then a Trademark Application Allotment Number, has to be provided within 2-3 working days. The Trademark Application can be traced online. After attaining the Trademark Application Allocation Number, the owner can use a TM symbol next to its logo.

Trademark Examination

The Trademark Application is sent to the Trademark Officer in the Trademark Registry Office to review the Trademark Application and check for the accuracy and issue of the Trademark Examination Report.

Publication of Trademark in a Trademark Journal

The anticipated Trademark is circulated in the Trademark Journal. The Trademark Journal contains all Trademarks that are accepted by the Trademark Registrar. The public has the chance to oppose the Trademark Registration if they consider that there will be damaged if the Trademark gets registered. If no objections are filed within 90 days, then the Trademark will be recorded permanently for the entity registering for Trademark.

Registration of Trademark

If there is no objection filed with the Trademark Registrar regarding the Trademark Application and Trademark Journal, a Trademark Certificate will be issued.

- Sameeksha Shukla