TRADEMARK CLASS THIRTY-FIVE

TRADEMARK CLASS THIRTY-FIVE

INTRODUCTION

The trademark of any product and service gives the different identities of the brand or the product and separates them from the competitors. Trademark Act, 1999 represents the phrase, logo, design, and sequence of colours or shape, etc. The trademark recognized worldwide and also a valuable asset of the business. The benefit of having a trademark is that it can be easily distinguishable your product or services from the other products and symbolizes the uniqueness of a product.

There are different trademark classes defined in the Fourth Schedule of the Trademark Rules, 2002. The total numbers of trademark classes are 45 and it is grouped into the manufacture of goods and services. Every class requires a separate trademark registration. There are 80,000 products and services under the trademark classes and divided into two sections- Classes for Goods & Classes of 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. Applicants can choose the broad class under which their goods or services description falls.

CLASS THIRTY-FIVE 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 35 includes services for advertising, business management, administration. The services rendered by individuals or organizations in this class to (1) provide working or management of a commercial undertaking; (2) provide management of the business affairs or commercial functions of an industrial or commercial enterprise; or (3) provide in advertising such commercial services.

Class 35 includes mainly:

• services provided by retail stores, wholesale outlets, through mail-order catalogs or by means of electronic media, for example, through web sites or television shopping programs;

• Services consisting of the registration, composition, or systematization of written communications and registrations, and also a compilation of mathematical or statistical data;

• Services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class refers to advertising in connection with other services;

The services that are not included under Class 35 are services such as evaluations and reports of engineers but that report does not refer to the working or management affairs in a commercial or industrial enterprise.

REGISTERED SERVICES UNDER CLASS 35

• AAM AADAMI.COM

Trademark Description: Business Management, Business Function, Advertising.

• IMS

Trademark Description: Job Placement Services, Services Related to Business Process Outsourcing and Knowledge Process Outsourcing, Call Centers, Advertising, Business Management, Recruitment Services, Outsourcing Services (Including Business Assistance and Business Process Outsourcing Services)

• ARUSHI

Trademark Description: Retailer Wholesaler and Distributor all types Sarees snd Dress Materials and Embroidery Work Service

• HEADLINES TODAY

Trademark Description: Advertising, Retailing

• EXOTIC FLOWERS

Trademark Description: Sale purchase of flowers and decorative items, Gift items. Business management, Business functions, Advertising

• MAMMAL

Trademark Description: Advertising Business Management Business Administration Office Functions

REGISTRATIONS OF TRADEMARK CLASS THIRTY-FIVE

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 the 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 the Trademark Application will be provided within 2-3 working days, through this the application can be tracked online. After receiving the allocation number the owner of the Trademark Symbol can use it for 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