TRADEMARK CLASS THIRTY-EIGHT

TRADEMARK CLASS THIRTY-EIGHT

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 THIRTY-EIGHT 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 class 38 of the trademark act included services related to telecommunication which allows one person to communicate to another person by sensory means. This service broadly includes communication to another person; transmit messages from one person to another; allows oral and visual communication with another person like through radio or television. Therefore, this service consists of wide distribution of television or radio programme. The class doesn’t include radio advertising services and telephone marketing services.

List of services include in this class are: communication by telegrams, information about telecommunication, satellite transmission, telegraph services, telex services, broadcasting services, cable television broadcasting, providing telecommunication channels for teleshopping services, wireless broadcasting, telephone and mobile telephone services, communication by telephone, paging services, teleconferencing services, voice mails services, computer communication and internet access, communication by fibre optic networks, computer aided transmission of messages and images, electronic mail, providing internet chatrooms, providing user access to global computer networks, rental of modems, rental of telecommunication equipment, rental of telephones.

REGISTERED GOODS UNDER CLASS 38

• MOBILE EDU

Trademark Description: Telecommunication

• & PICTURES

Trademark Description: Telecommunications Including Broadcasting/Diffusion of Communication and Data Signals including Television and Radio Programme Signals

• SPEEDAIR

Trademark Description: Internet Services, E-Commerce Facilities, Cyber Cafe, Telecommunication, Connection of the Internet in a Cafe Environment, Internet Game Parlours Providing Internet Chat Rooms.

• Z ANMOL

Trademark Description: Telecommunications Including Broadcasting/Diffusion of Communication and Data Signals including Television and Radio Programme Signals

• goPOS

Trademark Description: Service provider for internet, radio, television and Services of Bulk SMS & Email, IVR, Virtual Long Code & broadcasting activities, multimedia applications (audio, video) communication network such as LAN, WAN

REGISTRATIONS OF TRADEMARK CLASS THIRTY-EIGHT

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