Single Class or Multi Class Trademark Application in India?
The single class trademark application is filed for registering one's trademark/service mark under any specified class of goods/services. On the other hand, the multiclass trademark application is filed for the purpose of getting one's trademark/service mark registered under two or more specified classes of products/services. The Indian trademarks law allows both these categories of trademark applications. Hence, our one of the highly prestigious and leading IPR law firms of India, well-based in Delhi, extends efficient and expert trademark filing services for these both categories of trademark applications in entire India.
The trademark application for getting registration under any specific class is usually termed as the ordinary trademark application, and is filed using the Form TM-1, along with the fee prescribed in the Trade Marks Rules of 2002, which is at present INR-4000/-. And, the single trademark application seeking registration under two or more/multiple classes is referred to as the multiclass trademark application, which is filed through the Form TM-51. Here, it should be noted that, the government fee for filing a multiclass trademark application is INR 4000/- per class; this means that if an applicant wants to register his trademark/service mark under three distinct classes of products/services through filing a single application in Form TM-51, then the fees prescribed to be paid by him would be INR 12000/-, along with the application. The section below, gives more information regarding the filing of a single class or multi class trademark application in india, to help our myriads of Indian and global visitors.
Drawbacks Associated with A Multiclass Trademark Application
For the purpose of registering a newly created trademark/service-mark under more than one class of goods/services, the applicant has two options, namely, he/she may file multiple ordinary trademark applications separately; or he/she may resort to file a single multiclass trademark application seeking registrations under the specified two or more classes. Clearly, there will be no difference in the government fees to be paid under both the options.
The main and outstanding benefits offered by the multiple-class trademark application are easier administrative task, and some savings in time and effort. But, there are certain drawbacks associated with a multiclass trademark application, which are discussed below in brief.
The biggest drawback associated with filing a multiclass trademark application is the grave possibility of blockage/rejection of the whole application by the Trade Mark Registry, in case an opposition is raised to registration of the proposed trademark under any of the multiple classes specified. Again, though the applicant can utilize a divisional application for ensuring registration under the remaining (unopposed) classes, any such application will consume extra fees and time. Thus, filing a multiclass trademark application is advisable only when the applicant is 100% sure that his/her application shall not be opposed by any person/entity even for registration under any of the specified multiple classes. Also, prior to filing an application through Form-51, the applicant must ensure that he/she will use the proposed trademark/service-mark under all the classes of goods/services selected soon after the trademark registration (normally within five years; as per Chapter VII of the Trade Marks Act of 1999), in order to avert the chances of trademark rectification/cancellation in future.
To avail our brisk and expert trademark registration services in india or abroad, interested people/companies may readily call over: +91-8800-100-281; or dart a lapidary relevant mail at: Contact@TrademarksIndia.net .