Multiclass Trademark Registration

A trademark is a symbol, word, phrase, design, or combination of these elements that is used to identify and distinguish the goods or services of one company from those of another. Registration under trademark has been divided into different classes. There are a total of 45 classes of trademark of which class 1 to 35 is designated for goods and 35 to 34 for services. Any person can obtain single or multi-class registration under different classes of trademark.

Table of Content

1. What is a multiclass trademark application 
2. Purpose of multiclass trademark application
3. Advantages of multiclass trademark application
4. Disadvantages of multiclass trademark application
5. Process of filing a multiclass trademark application
6. Conclusion

What is a Multiclass trademark application

A multiclass trademark application is a single application filed with a government trademark office that seeks to register a trademark in multiple classes of goods and services. This means that the same trademark is registered in multiple categories that are related to the goods or services for which the trademark is used.

For example, a company wants to register a trademark for its brand name, offering products such as clothing, jewelry, and electronic devices. In this case, they can file a single multiclass trademark application that covers all these categories instead of filing separate applications for each category.

Multiclass trademark applications can save time and money compared to filing separate applications for each class, and they can provide broader protection for a trademark across different industries and markets. However, it’s important to note that the requirements and fees for multiclass applications can vary depending on the specific jurisdiction and trademark office.

Purpose of multiclass trademark application

Multiclass trademark registration allows a trademark to be protected across multiple categories of goods and services. The purpose of multiclass trademark registration is to protect a trademark across multiple classes of goods and services. By registering a trademark in multiple classes, the owner of the trademark can secure broader and more comprehensive protection for their brand name, logo, or other trademark elements.

Here are some of the main benefits of multiclass trademark registration:

1. Cost savings: Filing a single multiclass trademark application is often more cost-effective than filing separate applications for each class.

2. Time savings: By filing a single multiclass application, the registration process can be completed more quickly and efficiently than if separate applications were filed for each class.

3. Broad protection: Registering a trademark in multiple classes provides greater protection for the brand across different industries and markets.

4. Flexibility: Multiclass registration allows the trademark owner to expand their business into new areas without the need to file additional trademark applications.

Advantages of Multiclass trademark application

Multiclass trademark registration is a useful tool for companies and individuals seeking to protect their trademark across a broad range of goods and services.

1. Cost savings: Filing a single multiclass trademark application is often more cost-effective than filing separate applications for each class.
2. Time savings: By filing a single multiclass application, the registration process can be completed more quickly and efficiently than if separate applications were filed for each class.
3. Broad protection: Registering a trademark in multiple classes provides greater protection for the brand across different industries and markets.
4. Flexibility: Multiclass registration allows the trademark owner to expand their business into new areas without the need to file additional trademark applications.
5. Simplification: Instead of managing multiple trademarks for different classes of goods and services, multiclass registration allows the trademark owner to manage a single trademark registration that covers all the classes they need.

Disadvantages of Multiclass trademark application

There are not many disadvantages to multiclass trademark registration, but there are a few considerations to keep in mind:

1. Higher initial cost: While multiclass trademark registration can save money in the long run, the initial filing fees for a multiclass application are usually higher than for a single-class application.

2. More complex application: A multiclass application requires more detail and attention to ensure that the trademark is properly classified for each class. This can make the application process more complex and time-consuming.

3. Greater risk of opposition or rejection: With a multiclass application, there is a greater chance that the trademark will be opposed or rejected in one or more classes, which can delay the registration process.

4. More management required: A multiclass registration requires ongoing management to ensure that the trademark is being appropriately used in each class and to renew the registration in each class when necessary.

    

Process of filing a multiclass trademark application

1. Trademark Search:

Conduct a trademark search to ensure that no similar trademark exists in any of the classes the application is sought for.

This is important to avoid the possibility of the application being rejected under all the classes if a similar trade name exists in just one of them. To make this step easier you can use the trademark search tool provided by professional utilities on their website.

2. Trademark Application: 

File a single application through Form TM-A on the official website for Intellectual Property Registration in India. Mention all the appropriate classes under which the applicant seeks a trademark registration.

3. Examination of the Trademark Application:

Once the application is filed, the examiner takes it up for examination to ensure compliance with the Trademarks Act, 1999. If any disparities are found, the applicant is notified and must fix the issues. Once the application complies with the Act, the examiner publishes it in the trademark journal.

4. Trademark Opposition:

Third parties can raise an opposition within three months of publication under any of the mentioned classes, or under all classes. Even if the opposition is raised under a single class only, the entire registration process comes to a standstill. The Registrar of Trademarks (Registrar) conducts a hearing procedure for the opposition raised under the respective classes. The Registrar hears the contention of both parties and decides the case based on the merits.

5. Certificate of Registration:

If there are no oppositions, or if the Registrar dismisses the opposition, or if the applicant satisfactorily substantiates the application with respect to the opposition raised, the Registrar issues the Certificate of Registration. The certificate is issued for all relevant classes of the trademark the application was made for.

Conclusion

Multiclass trademark registration is an effective way to secure broader and more comprehensive protection for a trademark across multiple classes of goods and services. It allows trademark owners to save time and money, simplify trademark management, and expand their business into new areas without the need to file additional trademark applications.

However, there are also some disadvantages to consider, such as higher initial costs, a more complex application process, and the need for ongoing management. The process of filing a multiclass trademark application involves conducting a trademark search, filing a single application, examination of the application, trademark opposition, and issuance of the certificate of registration.

It is important to keep in mind that the requirements and fees for multiclass applications can vary depending on the specific jurisdiction and trademark office.