About Soundararajan

pursuing BBA.LLB in Symbiosis Law School,Noida (Symbiosis International University). Currently Interning with B & L.

Trademark Classifications in India

In India 4th Schedule to trademarks rules, 2002 provides the classification of goods and services.

It has about 45 classes out of which class 1 to 34 deals about the classification of goods and class 35 to 45 deals with the service sector. Generally service marks can be obtained for the services falling under the classes 35 – 45.

Good sectors (Class 1- 34) :

This is a broader section – classification of goods according to their nature and materiality of the content.

Class I : deals with the chemical industry, science and photography and the like.

Class 2 : this class deals with the goods related to paints/ varnishes

Class 3: Bleaching preparations and cosmetics are dealt under class 3

Class 4: Oils related to industry and other lubricants which are used in industries are placed under this section.

Class 5: Goods related to pharmaceutical and sanitary works are settled in this class

Class 6 : Metal goods and alloy materials

Class 7: Machines, Machine tools, motors and engines and other related goods are placed here

Class 8: hand tool implemented goods are settled in this class

Class 9: Scientific, data processing equipments and the like are placed in class 9

Class 10: deals with Surgical instruments

Class 11: Apparatus used for lighting, heating and water supply

Class 12: deals with the vehicles, air or water

Class 13: fire arms and the like are structured in this class

Class 14: This class deals with precious metals and alloys , but one must understand that it varies from the goods specified under Class 6.

Class 15: deals exhaustively with Musical Instruments

Class 16: Paper and other related works which are not included in other classes can be placed under this class

Class 17:  Rubber, asbestos and other semi materials are placed under class 17

Class 18: Leather and its by-products are synchronized in this class

Class 19: Building materials, non-metal are covered in this class

Class 20; Furniture, mirrors and picture frames are classified here

Class 21: household/kitchen utensils

Class 22: Nets, ropes, strings are structurally classified here.

Class 23: yarns and threads used for textile purpose are classified under section 23

Class 24: Textile goods and textiles which are not mentioned in other classes are eligible under this class

Class 25: deals with clothing and footwear

Class 26: ribbons, hooks and other like goods are sided here

Class 27: Carpets and other related matting goods are classified in this section

Class 28: decorations, games, plaything which are not included in other classes are included in class 28

Class 29: Meat, fish and poultry products are classified in this section

Class 30: Coffee, tea and other food related goods are classified under this class

Class 31: Agricultural and horticultural products which are not included in previous classes are characterized here.

Class 32: Beers, minerals and non-alcoholic beverages and by-products are settled here.

Class 33: deals with Alcoholic beverages except beer

Class 34: deals with Tobacco, smokers’ articles, matches are structured here.

Service sectors:

Class 35: deals with Advertising, business management, administration etc.

Class 36: This class deals with the Insurance and financial service sectors

Class 37: Construction of building and other related repairs

Class 38: Telecommunication Sectors

Class 39: Transport packaging and storage of goods and likely matters

Class 40: deals with treatment of materials (this is an exhaustive class)

Class 41: classifies the Education sector

Class 42: Technological and Scientific sectors

Class 43: Accommodation/Hospitality service providing sectors

Class 44: Medical services (exhaustive class which also includes veterinary, horticulture service areas)

Class 45: last but not the least, the last section in service class deals with Legal Services.

This miniature classification of trademarks is made mainly for the ease of applicants to classify their applications accordingly. It softens the work for the controller also to grant the marks in the appropriate classification.

Trademark data base

It is a database maintained by US Patent and Trademarks office which beholds all the detailed lists of the trademark registered in the US office. This database is made public/online for the people to carry out a trademark search before they apply for trademark registration.  (Although it is not always necessary to search in the database before trademark registration, but it is wise to take a search in the database before you apply for the registration). Online directory, Trademark Electronic Search System (TESS) which provides texts and images of the registered trademarks in the USPTO is of great use when you are registering for trademarks.  The trademarks search is open for the public in USPTO in which the public can search for the database. This search is usually carried out by the private agencies for a nominal fee.

Points to be remembered

  • This is a soul process in the registration of trademark.
  • Searching the database before hand helps you to design your TM in a unique way. Or else you will have to make modification to the item you are registering for trade mark.
  • One must also understand that only marks which are ‘alive’ must be taken into account and those marks which is ‘not in use’ has nothing to do with the new registration.
  • Trademark is the face value of your business so creating it with uniqueness can only be achieved through an effective search of trademarks registered.

Assignments on the web: (AOTW) – this is the collection of the recorded trademark assignment. This database is also available for the public search in USPTO

Design Search Code:

This type of search is carried out only when there is an involvement of any designs in the registration of trademark.

Methods for searching in Trademark data base

TESS database provides certain tips for the online users to checklist.

  • Select basic word mark search if you are a new user
  • Select Word and/or Design Mark Search if you are searching for both word and design or either of this.
  • Select Word and/ or Design mark Search if you opt for multiple search fields.
  • Select Browse dictionary if you like to limit your search to particular field/or you can search for all fields if you require.

You can select OG Publication date for searching official Gazette for registered marks.