Trademark registration provides legal protection to the owner of the registered brand name or logo, and prevents others from using the same or similar mark in connection with similar goods or services. The trademark is registered based on the specific types of goods or services for which it will be used. According to the NICE Classification, all goods and services are divided into 45 classes. To register a brand under a trademark, the relevant class of trademark must be known. It is also possible that the product falls into more than one category. Filing each application separately will be a time-consuming process.
According to Section 18 of the Trademark Act of 1999, any application for registration of a trademark in India must be presented to the registrar. This article discusses class 99 of trademark , also known as multiclass trademark applications, which allow you to obtain protection in numerous classes with a single trademark application.
It is important to carefully consider the appropriate class or classes when filing a trademark application, as this determines the scope of protection and the fees to be paid. Filing in the wrong class could result in a rejection of the application or insufficient protection for the mark. Therefore, it is recommended to consult with a trademark attorney or agent to determine the appropriate class or classes for your trademark application, based on the nature of your goods or services.
Now, let’s understand key considerations for class 99 of trademark application.
The goal of filing a trademark application under class 99 is to get trademark registration in several classes with a single application. The important key considerations listed below will assist you in determining how significant a trademark application under class 99 will be for your product.
1. A single application:
The application for trademark under class 99 will be treated as a single application for all applied classes. As a result, all the classes will be reviewed and processed together.
2. Easy to file:
Filing each of the applications separately will be a difficult and time-consuming process. When filing a single application for numerous classes, the information will be correct and in a proper manner. A trademark application under class 99 includes less documentation and time to proceed with the application.
3. Trademark application fees:
The government fees for a trademark application will be the same. The fees for both separate applications for each class and a single trademark application under class 99 will be the same. The fees is Rs. 4500/- per class for proprietor or MSME or Startup applicant and Rs. 9000/- per class for other applicants.
4. Delay in the process due to a single application:
If you file a single trademark application that covers multiple Nice classes, and there is an issue or objection in any of the classes, it can delay the processing of the entire application until the issue is resolved.
This is because the trademark office will need to examine and assess the trademark for registrability in each of the classes included in the application. If there is an issue or objection in one of the classes, the entire application may be put on hold until the issue is resolved. This can result in delays and additional costs.
Therefore, if you have concerns about the availability of your trademark in one or more of the classes, it may be better to file separate trademark applications for each class. This can help ensure that the processing of your application is not delayed by issues in one or more classes, and it can also help to simplify the examination process for each individual application.
However, it is important to note that filing separate applications for each class can also be more expensive and time-consuming than filing a single multi-class application. You should carefully consider your options and seek the advice of a trademark attorney or agent to determine the best approach for your particular situation.
5. Rejection of an application
If the trademark registry issues an objection or if a third party opposes the trademark application in one of the classes, and that objection or opposition cannot be resolved, the entire multi-class application may be rejected. This is because a trademark application is considered as a whole, and if there are any issues with any of the classes, it can affect the registrability of the trademark across all of the classes.
To avoid the risk of rejection due to opposition or objections in one or more classes, it may be advisable to file separate trademark applications for each class. This can help ensure that the trademark application process for each class is not affected by any issues in the other classes.
6. Trademark must be in use in each class
If an applicant files a trademark application for multiple classes and obtains registration for the trademark in those classes, they must use the trademark in each of the classes for which they obtained registration. Failure to do so may result in the cancellation or removal of the trademark registration for that class.
The purpose of requiring use of the trademark in each class is to ensure that the trademark registration system is not abused by applicants who seek to obtain broad protection for their trademark without actually using it in all of the covered classes.
It is important to note that the use requirement applies to each individual class for which the trademark is registered, rather than the trademark as a whole. Therefore, if an applicant only uses their trademark in certain classes, they should only seek registration in those classes to avoid the risk of cancellation or removal of the registration.
In summation, filing a separate single class application for each class can be a safer option if the applicant is not fully confident that their trademark will be accepted in all the classes they want to apply for. It is important to note that each class in a multi-class application is treated separately and any objections or oppositions to one class may affect the entire application.
While multi-class applications may offer convenience and cost savings in some cases, it is important to weigh the benefits against the potential risks before making a decision. Ultimately, it is recommended to seek legal advice from a trademark attorney to determine the best approach for your specific situation.
If the product or service falls under multiple classes, then the applicant must register the trademark under all such classes. Otherwise, others may register a similar brand name under other classes. If the brand name is unique then one may apply it through a trademark class 99 application. And if not then it is better to apply it separately for all classes.