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Trademark Classes and Classification

Trademark Classes and Classification in India

Section 13 of the Trademark Act, 1999 entails provisions regarding the Trademark Classes and Classification of goods and services. It provides that the Registrar shall classify good and services in accordance to the International Classification of Goods and Services for the purpose of registration of trademarks.

Accordingly, the Trademark Registry has classified the good and services in accordance to the 10th Edition of Nice Classification of Goods and Services. The Nice Classification consists of a list of classes and an alphabetical list of goods and services. There are 34 classes of goods and 11 classes of services i.e. classes 1 to 34 deal with the specification of goods whereas classes 35 to 45 deal with the specification of services.

In India prior to the year 2010, classes 43, 44 and 45 were merged in class 42 which incorporated all the services falling under the said classes. However, in conformity with the Nice Classification, the Trademark Rules were amended in 2010 and classes 43, 44 and 45 were added. The existing specification of services under classes 42, 43, 44 and 45 stands as under:

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software;

Class 43: Services for providing food and drink; temporary accommodation;

Class 44: Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; and

Class 45: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

All the trademarks filed under class 42 for specification of services falling under classes 43 to 45 prior to the 2002 Amendment can be reclassified into classes 43 to 45 by filing a request with the Registry.

Therefore, a trademark application or brand name can filed in any class as per NICE Classification from 1-45 as per the goods or services being used or intended to be used in respect of the trademark being filed.

The Trademark classes and classification of goods and services can be accessed here.

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