TRADEMARK Registration in CLASS FIFTEEN

INTRODUCTION:

The Trademarks Act, 1999, explains a phrase, logo, design, and sequence of colors or shapes, etc. and that symbolizes the uniqueness of a brand or the product and separates from competitors. It is a globally recognized trademark and is the most precious asset of a business. With a different Trademark, users can instantly distinguish your products or services from several competitors’ products.

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 FIFTEEN OF TRADEMARK ACT:

The following goods are also classified under Class 15: Mechanical pianos and their accessories; Musical boxes; Electrical and electronic musical instruments. The following goods must not be classified under Class 15: Apparatus for the recording, transmission, amplification and reproduction of sound (Class 9).

List of goods under trademark class fifteen are: accordions; Bagpipes; balalaikas[stringed musical instruments]; bamboo flutes; bandonions; banjos; barrel organs; basses[musical instruments]; bellows for musical instruments; bow nuts for musical instruments; bows for musical instruments; bridges for musical instruments; buccins; cases for musical instruments; Castanets; catgut for musical instruments; chin rests for violins; clarionets; clarions; drumheads / skins for drums; drums[musical instruments]; drumsticks; electronic musical instruments; flutes; gongs; guitars; handbells[musical instruments]; harmonicas; harmoniums; harp strings; harps; hats with bells [musical instruments]; horns [musical instruments]; horsehair for bows for musical instruments; kettledrum frames; Kettledrums; keyboards for musical instruments; keys for musical instruments; lyres; mandolins; mouthpieces for musical instruments; music rolls [piano]; music stands; music synthesizers; musical instruments; musical boxes; mutes for musical instruments; piano keyboards; piano strings; piano keys; pianos; pipa [Chinese guitars]; plectrums / picks for stringed instruments; reeds; saxophones; trumpets; tuning hammers; tuning forks; turning apparatus for sheet music; valves for musical instruments; violas; violins; wind pipes for organs; xylophones, etc.

REGISTRED GOODS UNDER CLASS FIFTEEN:

• MUSIC MANTRA:

Trademark Description: Musical Instrument

• ADANI

Trademark Description: Musical Instruments; Music Stands And Stands For Musical Instruments; Conductors' Batons

• MAHATRIBES

Trademark Description: Musical instruments; musical instruments sold as handicrafts or ethnic products.

• JAYA HE

Trademark Description: Musical instruments; music stands and stands for musical instruments; conductors' batons.

• REALBIRD

Trademark Description: Keyboard instruments, Wind Instruments, String instruments, Woodwind instruments, Percussion instruments, Brass instruments, Musical bags specially adapted for holding musical instruments, All other kind of musical instruments & their parts and their accessories, Covers for musical instruments

REGISTRATIONS OF TRADEMARK CLASS FIFTEEN:

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