Multiclass Trademark Registration | Merits, Demerits and How to do it?

 

During trademark registration online, it is required to identify the class in which the specific good or service that the brand relates to falls. Numerous goods or services may frequently be provided under the same trade name. In such cases, a separate multiclass trademark application may be submitted for each class individually.

 

What is Trademark Classification?

A trademark classification is a methodical grouping of distinct goods and services. 

 

A restaurant seeking to trademark its service would apply to class 43, and a company dealing with paints must submit an application under class 2. 

 

Additionally, a business may produce goods for multiple classes. 

 

Let's suppose that "ABC Limited" manufactures both cleaning supplies and chemicals. The business would need to file its "ABC Limited" trademark under classes 1 and 3.

 

In this case, a single multiclass trademark application would be sufficient to register the trademark under two or more classes of goods and services using Form TM-A, therefore separate applications are not required. 

 

For instance, several classes have been registered for the trademark "TATA." In situations like this, submitting a fresh application for each class could take a significant amount of time and be repetitive to do repeatedly. 

 

Therefore, it might be a good idea to use a multiclass trademark application in this case.

 

Registration through a Multiclass Trademark Application

 

The procedure for submitting a multiclass trademark application is comparable to submitting one for a single class. 

 

It must properly comply with the following conditions:

 

1. Trademark Search 

Always conduct a trademark search before moving forward with the trademark application. 

 

In this case, the applicant must search for all pertinent classes because the application is being filed under numerous classes. 

 

If a similar trademark already exists in any of the classes in which the applicant wants to register the brand name, this must be thoroughly investigated.

 

If a similar trade name occurs in only one of the classes and not the others, a rejection for that specific class would be triggered, which might ultimately lead to the application being refused under all of the classes the application was made for. 

 

As a result, when applying for numerous classes at once, the applicant must do a thorough investigation to make sure there are no identical trademarks in any of the classes for which the application is being sought.

 

2. Application for a Trademark

The Form TM-A on the official website for the registration of intellectual property in India can be used to submit a single application for the registration of a trademark under numerous classes. 

 

The application must list all of the eligible classes under which the applicant requests a trademark registration. Online filing is an option for the application.

 

3. Examination of the Trademark Application

After the applicant files the application, the examiner begins to look over it. The application needs to adhere to the standards established by the Trademarks Act of 1999. 

 

If there are any discrepancies, the applicant is informed of them. The examiner publishes the application in the trademark journal once the applicant corrects the problems.

 

4. Trademark Opposition

Following publication in the trademark journal, third parties may file an opposition under any of the aforementioned classes or all classes collectively. 

 

Unfortunately, the registration process is halted regardless of whether the opposition is expressed inside a particular class.

 

The opposition brought out under the appropriate classes is heard by the Registrar of Trademarks (Registrar). The Registrar hears both the applicant's and the opposing party's arguments before making a decision based on the merits of the case.

 

The Registrar issues the Certificate of Registration if the application is not contested within the allotted time frame of three months.

 

Registration Certificate

The Registrar issues the Certificate of Registration for all of the pertinent classes of the trademark the application was made for if there are no oppositions to the trademark application, the opposition is overruled by the Registrar, or the applicant adequately substantiates the application concerning the opposition raised.

 

Merits of Multiclass Trademark Registration

The multiclass trademark application exhibits the following merits and demerits.

 

• Single Trademark Application

 

The most obvious benefit of a multiclass trademark application is that numerous classes can be covered by a single application. 

 

Not only may this save time, but it could also save the applicant from getting bored repeating the same thing over and over again. In turn, this can quicken the registration procedure for several classes.

 

• Simple Filing Process

 

A single application would be much simpler to submit than many submissions under each class individually. A multiclass application greatly eases the filing process.

 

• Renewal of Trademark

 

If a multiclass application is submitted, all the appropriate classes may be processed concurrently during the renewal of the trademark. 

 

For the purpose of renewing the trademark, a single multiclass application indicating all the classes for which the trademark is to be renewed shall be submitted. After examining the application, the Registrar will renew it under the applied classes.

 

Demerits of Multiclass Trademark Registration

 

• Fee for Registering a Trademark

 

The trademark registration online application cost is the same whether the application is a single application made separately for each class or a multiclass application made with all the classes indicated. The fee must be paid by the applicant for each and every class in which the trademark application will be submitted.

 

• Objection to the Application

 

The main concern with filing a multiclass application is that, should the opposition be brought up with regard to a single class, the application as a whole would be delayed. 

 

To isolate the class for which the objection is raised and to separate it from the remainder of the application, the applicant is free to file a divisional application in such a situation.

 

For the other classes, registration will be permitted, and a hearing will be scheduled for the particular class where the objection was voiced. 

 

It is important to remember that submitting a divisional application would also involve paying a fee, and once again, the entire procedure is lengthy and convoluted.