TRADEMARK CLASS FOURTY-ONE

TRADEMARK CLASS FOURTY-ONE

INTRODUCTION

According to the NICE classification the trademark has been divided into 45 classes which also called International Certification of Goods and Services and the manufacture of goods and services. In those 45 classes, there 34 classes for the products and 11 classes provided for services section. Every class requires a different registration when applying for the Trademark registration to give uniqueness and identity to the brand or product, that’s why it is necessary to choose right class. The trademark classification allows the applicant to search for an appropriate trademark under the defined classes to register the trademark in India. Section 7 of the Trademark Act, 1999 provides that the Registrar of the Trademark Registry should have classifies the goods and service for the registration of trademark accordance with the International Classification of Goods and Services. Further, section 18 of the trademark act make it mandate that application for the trademark registration should be in writing and according to the manner prescribed for the registration provided in the act.

CLASS FOURTY-ONE 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.

This class includes the services pertaining to education, tutoring, training, entertainment, and various sporting and cultural activities. This class broadly covers the services rendered by individuals or institutions to educate other persons or train animals and also services related to entertain. This class in particular rendered services related to all forms of education of other persons and training of persons; services which aims entertainment, amusement or recreation of people; Presentation of works of visual art or literature to the public for cultural or educational purposes.

List of services under this class are: academies, amusement park, animal training, boarding school, calligraphy services, providing casino facilities, circus, club services (entertainment or education), cinema presentation, circuses, arranging and conducting of concerts, correspondence courses, education information, dubbing, news reporters services, publication of texts, publication of electronic books, disc jockey services, entertainment information, holiday camp services(entertainment), presentation of live performances, modelling for artists, movie studios, organization of shows, party planning, photography, production of shows, rental of radio and television sets, services of school, theatre production, zoological garden services, conducting fitness classes, providing golf facilities, organization of sports facilities, rental of tennis courts, lending libraries, language interpreter services, sign language interpretation, translation etc.

REGISTERED SERVICES UNDER CLASS FOURTY- ONE

• BANSAL YOGA

Trademark Description: Training Services. Education Services, Telephone Information Services and Television Programme Relating to Ayurvedic Treatment, Yoga, Meditation, Health, Safety, Hygiene and Physical Fitness

• DHARAM YAATRA

Trademark Description: Entertainment, Events & Cultural Activities, Hlm Productions & Film Editing Studio.

• DHARAM. TV

Trademark Description: Entertainment, Events & Cultural Activities, Film Productions & Film Editing Studio

• MAXMATHS

Trademark Description: Education

• PREM PRAKASHAN

Trademark Description: Publication of Books, Magazines, Periodicals, Journals, Manuals, Handbooks, Texts, Posters, Calendars, Banners, Stickers, Greeting Cards, Blueprints,

Publication of Printing Materials, Writing of Texts, Educational & Teaching Materials

• THE NALANDA CLASSES

Trademark Description: Education, Providing of Training, Entertainment, Sporting and cultural activities.

REGISTRATIONS OF TRADEMARK CLASS FORTY-ONE

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