Trademark Class | What is it all about?
The word 'Trademark' refers to a mark or a symbol which is used in trade or business, that distinguishes the goods or services of one person (manufacturer /trader or service provider) from those of others. Manufacturers, traders and or service providers adopt various marks which helps their respective customers to identify the source of the mark. A trademark class was adopted by the Indian Trademarks Registry where the different goods and services are classified in order to identify a particular product or service.
The International Class of Goods and Services for the Purposes of the Registration of Marks was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957. The Nice Agreement concerning the International Class of goods and services for the purposes of the registration of marks is an international agreement under the aegis of the World Intellectual Property Organisation. Its purpose, as the name suggests, is to provide an internationally recognized class system of goods and services according to which trademarks may be registered. India is a member of the Nice Union of countries and the Indian Trade Marks Registry applies this class system.
Under the Nice Classification, goods and services are categorized in classes, each of which relate to a particular field or fields of commercial activity, for example, food and drink, pharmaceuticals, financial services, etc. The classification consists of 34 classes of goods (classes 1–34 inclusive) and 11 classes of services (35–45 inclusive).
When a trademark is registered, it may be registered in respect of a particular product or service within a class or for several of the goods or services within a class or, indeed, for goods and services in several different classes depending completely on the nature of business. The registration of a mark in respect of specific products or services serves to define the extent of the protection afforded by that registration. Therefore, before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark.
Listed below are some examples of the trademark classes -
1. FinTech is a new industry that uses technology to improve activities in finance and according to the nature of the business can be classified under Class 36 Insurance; financial affairs; monetary affairs; real estate affairs and 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.
2. B2B e-commerce (also written as e-Commerce, eCommerce or similar variants), short for business-to-business, electronic commerce, is selling products or services between businesses through the internet via an online sales portal. In general, it is used to improve efficiency for companies. Instead of processing orders manually — by telephone or e-mail — with e-commerce orders can be processed digitally.
Class 35 Advertising; business management; business administration; office functions. 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.
3. E-commerce Lifestyle Company Class 24 Textiles and substitutes for textiles; household linen; curtains of textile or plastic. Class 25 Clothing, footwear, headgear. Class 35 Advertising; business management; business administration; office functions. Class 38 Providing Telecommunication Channels for Teleshopping Services Including Online Shopping Services Class 45 clothing rental, evening dress rental, kimono dressing assistance, personal wardrobe styling consultancy.
4. Online Business to trade in retail precious stones, jewellery, digital gold Class 14 Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments. Class 16 Printed matter in connection with the scheme for deposit of money against the purchase of gold for a specific period. Class 40 gold plating, nickel plating 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.
5. CleanTech Class 9 Scientific And Technological Services And Research And Design Relating Thereto; Design And Development Of Computer Hardware And Software, Nautical, Surveying,Electric, Photographic, Cinematographic, Optical, Weighing, Measuring, Signalling,Checking (Supervision), Life Saving And Teaching Apparatus And Instruments; Apparatus For Recording, Transmission Or Reproduction Of Sound Or Images; Magnetic Data Carriers,Recording Discs; Automatic Vending Machines And Mechanisms For Coin-Operated Apparatus; Cash Registers, Calculating Machines, Data Processing Equipment And Computers; Fire Extinguishing Apparatus. Class 35 Business Management Services, Consultancy Services in Wind Resources And Marketing Studies, Power Trading, Trade In Certified Emission Reductions/ Energy Efficiency Etc. Class 37 Installation of Power Projects, Transmission Lines and Repair Services; Services Relating to Installation & Maintenance of Power Projects, Transmission Lines and Repair Services of Roof-Top Solar Solutions for Industrial, Commercial and Residential Consumers. Class 39 Service Relating to Energy Distribution, Developing and Distributing Energy Generated by Way of Source of Energy Generation. Class 42 Scientific and Technological Services and Research and Design Relating Thereto; Design and Development of Computer Hardware And Software For Energy Generation And Transmission, Renewable Energy, Wind Energy, Hydel Energy, Solar Energy, Geothermal Energy, Gas Based Projects, Energy Efficiency, Power Projects, Power Plants And Services Relating To Energy.
6. Packaging Industry Class 06 packaging containers of metals; metallic foils for packaging Class 07 Packaging machines Class 16 plastic materials for packaging, plastic sheets, sacks and bags for wrapping and packaging; non-absorbent sheets of plastic for foodstuff packaging, plastic film for wrapping and drying; gift packaging; bubble packs for packaging Class 17 Polyester Film, Metalized Film, Solar Films, Stamping Foil, Plastic Packaging Materials Including Plastic Hand Bags, Plastic Liners and Plastic New Packaging Materials.; plastics in extruded form for use in manufacture, packing, stopping, stopping and insulating materials, flexible pipes, waterproof packing, plastic sheeting for agricultural purposes; rubber packaging Class 18 Envelopes, of leather, for packaging; pouches of leather for packaging Class 20 containers of plastic; packaging containers of plastic Class 21 Industrial packaging containers of glass, Industrial packaging containers of porcelain Class 22 Woven Polymer Products Viz, Sacks & Bags, Bulk Bags Jumbo Bags, Fibc Bags, Container Liner, Leno Bags, Bopp Bags Class 23 Polyester Filament Yarn (Pfy) Class 39 Transport; packaging and storage of goods; travel arrangement.
7. Educational Technology Class 09 Computer Operating Programs Recorded, Computer Peripheral Devices,Computer Programmers Recorded, Computer Programs downloadable Software], Computer Software [Recorded], Computer Software Product. Class 16 Books and Periodicals, Magazine, Printed Matters, Printed Publications, Printed Time Tables, Brochure Newspaper Periodicals and Stationery. Class 35 Advertising, Dissemination of Advertising Matter, Outdoor Advertising. Class 41 Educational training 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; Computer Programming, Computer Software Consultancy,Computer Software Design.
PS: Please note that the above-mentioned classes are only a reference. Each company will have a set of different classes solely depending upon the nature of business of that individual company.
For a detailed list of class of goods and services, you can also check the NICE classes website https://www.wipo.int/classifications/nice/en/