TRADEMARK CLASS FOURTY-THREE

TRADEMARK CLASS FOURTY-THREE

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-THREE 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.

The classes 43 includes services related to providing food and drink; temporary accommodation. This class mainly includes services provided by individual or establishments whose aim to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation; services related to reservation for travellers, accommodation, particularly through travel agencies or brokers. The class in particular not include arranging travel by tourist agencies, preservation services for food and drink, boarding schools.

List registered under class 42: holiday camp services, providing campground facilities, rental of temporary accommodation, tourist homes, hotels, hostels and boarding houses, holiday and tourist accommodation, boarding house bookings, hotel reservations hotels, motels, catering, food and drinks catering, animal boarding, provisions of food and drinks, cafes, cafeterias, canteens, restaurants, self-services restaurants.

REGISTERED SERVICES UNDER CLASS FOURTY-THREE

• VANELLIS

Trademark Description: Restaurant Services and Take Out Restaurant Services.

• THE BELGIAN FRIES COMPANY

Trademark Description: Services for Providing Food and Drink; Temporary Accommodation

• URBAN KARAHI

Trademark Description: Restaurant, Cafeteria, Lounge, Tea-Room Concierge, Lodging and Bar Services Hotels, Motels, Inns;

• HAPPY HUNTER

Trademark Description: Restaurant and Cafe

• S.P. INTERNATIONAL

Trademark Description: Hotel, Restaurant & Resort, Services for providing food and drink, Temporary Accommodation

• RTL

Trademark Description: Services for providing food and drink, temporary accommodation

REGISTRATIONS OF TRADEMARK CLASS FOURTY-THREE

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 proprietor of the Brand Name Symbol can use it as 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