Trademark is a mark, logo, word, slogan, taglines, symbol, sign, graphic or design which are able to be represented graphically  and which is capable of distinguishing the goods and services of one person from those of others. 

It assures the authenticity of the quality of the goods and services of a brand to the consumers. It protects the owners of the mark from the unauthorized use of its brand name by others. Trademarks can be renewed after every ten years for the lifetime.

Trademark Classification

Schedule 4 of the Trademark Rules, 2001 classifies goods as well services into 45 classes in which class 1 to 34 deals in goods and 35 to 45 deals in services related to trademarks. One trademark may be classified into several other sub classes. The fee for each class is separate whether applied separately or in one application. 

Class 41

C;lass 41 of the Trademarks applies to a blog, Android application or internet services for entertainment and education purposes. Class 41 deals with education, providing training, entertainment and sporting and cultural activities. This class mainly contains services rendered by persons or institutions in the development of the metal faculties of persons or animals, as well as services intended to entertain or to engage the attention of others. 

This class particularly includes-

  • The services include all kinds of education or training of animals.
  • The services related to entertainment include fun, amusement, relaxation or leisure of humans.
  • The display of visual art or literary work to the audience for educational or cultural purposes.

In this blog, apps or internet services fall into this class of category as it either for educational or entertainment purposes. The ambit of this class is not limited to only institutions but also to individuals. 

Other services like education, sporting and cultural activities are also included in the class like publication of books, training purposes, news reporter services, physical training, recording studio services, publication of texts etc.

Specimens for class 41

The specimen of the service must indicate the use of a trademark in such a way that would be recognized by the customer as distinguishing the applicant’s services and expressing its source. When the mark is being used for advertising purposes then the specimen must show the connection between the mark and the service. A specimen without referring to any association between the two is invalid. Therefore scanned copies of advertising and marketing materials (such as newspapers etc.), letterheads and business cards indicating the Trademark, a screenshot of the full web page if the mark is being prominently displayed on the homepage (for internet services ) etc will serve the purpose of a valid specimen.

Registration

The applicant before applying for its trademark for its registration must check for the already existing similar or identical marks. The documents required to be attached with trademark registration application are trademark logo, name and address of the applicant, trademark class, date of use of the mark, description of the goods or services wlong with the power of the aone on a stamp paper of Rs. 100 if any agent or attorney is being hired.

  • After doing proper search before application of the mark, the applicant can apply for Trademark with the registrar in the prescribed manner.
  • After application for the Trademark you will get an application number to keep on check the Trademark registration status.
  • Then Trademark is being marked for Examination from the Trademark registry side.
  • Then within 1 month Trademark registry will either object the mark or will accept it.
  • If the Trademark is being objected then within 1 month from the date of examination report its reply is to be drafted and submitted.
  • And if the registry is still not satisfied with the reply submitted by the applicant then it will be kept for hearing.
  • Then hearing will be conducted by the Trademark officers, and if the applicant is not satisfied with the decision of the Trademark officer, then he can file an appeal in the Intellectual Property Appellate Board (IPAB). 
  • If an objection is raised then it will get accepted and will get published in the Trademark journal within 4 months and it is open for any third party to raise opposition.

Once all the objections are resolved, a Trademark certificate is issued and the Trademark will get registered. The owner of the Trademark after Trademark registration will get the exclusive right to use the Trademark and he can use the ® logo in the Trademark.

For any Trademark related query contact BIAT legal LLP. 

Leave a comment

Your email address will not be published. Required fields are marked *