TRADEMARK CLASS FOURTY-FOUR

TRADEMARK CLASS FOURTY-FOUR

INTRODUCTION

The service marks was first time introduced in India under the Trademark Act, 1999 to bring the trademark law of India in line with TRIPS, which aims the registration of service marks for services along with trademarks for goods. India follows the International classification of goods and services under the NICE agreement and the same is defined in the Fourth Schedule of the former rules of Trade and Merchandise Mark rules, 1959 now it is Trade mark Rules, 2002. There are 42 different trademark classes defined in the Fourth Schedule of the Trademark Rules, 2002, 1-34 classes are defined for the registration for goods and classes 35-42 covers different services for which service mark can be registered.

In 2010 May, the fourth schedule was amended to include three additional classes for service mark to the pre-existing ones, therefore there are total 45 classes now which is grouped into the manufacture of goods and services. Thus, it provides the process of trademark registration with a smooth structure. The trademark classification allows the applicant to search for an appropriate trademark under the defined classes to register the trademark in India. Applicant can choose the broad class under which their goods or services description falls.

CLASS FOURTY-FOUR OF TRADEMARK ACT

The Applicant in the specimen for the service has to show the use of a mark in which he/she applying for the trademark so that it is easily recognized by potential purchasers as the applicant’s services. If the mark of services used for advertising purposes then the specimen must show the relationship between the mark and the services for which registration is required. A specimen that shows the mark only and no association with services does not show service mark usage. There is no product to affix a label when the applicant offering the services, so in this case, the applicant can use a variety of materials for services that can’t be used for product marks. It includes scanned copies of advertising and marketing materials, for instance, newspaper and magazine ads, brochures, billboards, direct mail pieces, and menus for restaurants. If the documents show the use of the mark in reference to goods rather than services will not be an acceptable specimen for service trademark.

Class 44 of the Trademark Act includes services pertains to medical, veterinary, hygienic and beauty care for human beings or animals, agriculture, horticulture and forestry services. This class broadly associated with the services of medical analysis relating to the treatment of persons such as X-Ray and taking of blood samples; artificial insemination services; pharmacy advice; animal breeding; services which includes growing of plants; services related to floral art. This class doesn’t include animal training services; scientific research services for medical purposes; boarding for animals; animal slaughtering services and taxidermy.

List of services under class 44 are: agriculture, aquaculture, horticulture, forestry services, farming equipment rental, vermin exterminating for agriculture, animal breeding, gardening, landscape gardening, plant nurseries, animal healthcare services, veterinary assistance, animal grooming, human healthcare services, medical services, medical assistance, medical clinical services, nursing, telemedicine services, dentistry, pharmaceutical services, mental health services, human hygiene and beauty care, beauty salons, rental of sanitation facilities, sauna services etc.

REGISTERED SERVICES UNDER CLASS FOURTY-FOUR

• SHAII WELNESS CENTRE

Trademark Description: Acupressure and Acupuncture Clinic

• KOLENCHERY DENTAL CENTRE

Trademark Description: Dental Ears, Super Speciality Dental Clinic, Complete Dental Cars and Solution Services, Dental Hospital, Oral Care, Facial Care

• SUVARNA SPA

Trademark Description: Hygienic And Beauty Care for Human Beings and other Ancillaries Activities

• GREEN GROWER

Trademark Description: Vermin Exterminating (For Agriculture, Horticulture and Forestry), Spreading of Fertilizers and other Agricultural Chemicals, Weed Killing; Manicuring, Plant Nurseries; Rental of Farming Equipments; Lawn Care

• ALLURING

Trademark Description: Hygienic and Beauty Care For Human Beings; Aromatherapy Services, Beauty & Hairdressing Salons, Depilatory Waxing, Wreath Making, Tattooing

REGISTRATIONS OF TRADEMARK CLASS FOURTY-FOUR

Trademark Search

The Registrar firstly searches for the similar mark that already exists with the Trademark Registry. The Trademark Search directed through the Trademark Registry Online Website.

Trademark Application Filing

Once the trademark search is completed, the applicant will file the application for trademark registration with the Trademark Registrar. When all the requirement of the application is filled by the applicant, then the owner will file a Trademark Registering Application in online or offline mode. In case of online filling, the Digital Signature Certificate is required and in offline filling, the application has to be sent to the Trademark Registry office. After filling the application the Registrar will review the application to look into any disagreements in it.

Application for Allotment of Trademark

After the application filed with the Trademark Registrar, an allotment number to Trademark Application will be provided within 2-3 working days, through this the application can be traced online. After receiving the allocation number the owner of the Trademark Symbol can use it to its logo.

Trademark Examination

Afterward, the application will be sent to the Trademark officer in the Trademark Registry office to review the application, and check the certainty and to issue the Trademark Examination Report.

Publication of Trademark in a Trademark Journal

The applied trademark is then published in the Trademark Journal. The Trademark Journal contains all the trademarks that are approved by the Trademark Registrar. The trademark journal is available for the public to look upon and to file the objection against trademark registration if it is registered. The objection should be filed within 90 days, if no objection filled then the mark will be recorded permanently for the entity registering for a trademark.

Registration of Trademark

During the 90 days time limit if no objection filed by the public with the Trademark Registrar regarding the Trademark Application and Trademark Journal, a Certificate of the trademark will be issued to the applicant.

BY:-

Sameeksha Shukla