TRADEMARK CLASS FOURTY

TRADEMARK CLASS FOURTY

INTRODUCTION

The trademark of any product and services gives the different identities of the brand or the product and separates 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. Applicant can choose the broad class under which their goods or services description falls.

CLASS FOURTY 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 40 includes services rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. This class majorly includes services relating to transformation of an object or substance and process involving a change in its essential properties for instances dyeing a garment, maintenance services like chroming of motor vehicle bumpers; material treatment services during the production of any substance or object other than a building such as services related to shaping, cutting, polishing by abrasion or metal coating. This class specifically does not include the services related to repairing.

List of services under class 40 are: abrasion; air purification, air deodorizing, blacksmithing, boiler making, bookbinding, cadmium planting, chromium plating, cloth edging, cloth cutting, decontamination, destruction of waste and trash, dyeing services, electroplating. Fabric bleaching, food and drinking preservation, flour milling, fur dyeing, galvanization, gold plating, glass-blowing, laminating, key cutting, knitting, metal treating, metal plating, metal casting, millworking, permanent press treatment of fabrics, Tanning, stripping finishes, taxidermy, textile treating, cloth treating, textile dyeing, textile moth proofing, tin plating etc.

REGISTERED SERVICES UNDER CLASS 40

• AGRI REACH

Trademark Description: Treatment of Material, Processing of agricultural & allied Commodities

• ANKITA PRINTERS

Trademark Description: Applying finishes to textiles, cloth waterproofing, fabric waterproofing, cloth fireproofing, fabric fireproofing, textile fireproofing, Cloth dyeing, cloth pre-shrinking, dyeing services, embroidery services, fabric bleaching, laminating, printing, quilting, silkscreen printing, textile dyeing, textile treating, cloth treating.

• PRIMO

Trademark Description: Manufacturing of furniture to order

• LOINDALE

Trademark Description: Printing, treatment of Material & ancillary services

• BRIGHTMINDS

Trademark Description: Treatment of materials

REGISTRATIONS OF TRADEMARK CLASS FOURTY

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