Introduction
Trademark is defined under section 2 (1) (zb) of the trademarks act as any mark which can be represented graphically and which is capable of distinguishing the goods and services of one person to that of others. These marks include the shape of the goods, packaging and combination of colors. Marks in the definition can be understood as per section 2 (1) (m) as a device, brand, heading, label, ticket, name, word, letter, number, etc.
Section 18 2 of the trademarks act provides as to who can register a trademark, it states that a person who claims to be the proprietor of the trademark or the trademark to be used by him and desire to register the same can apply to the registrar of the trademark.
Any person in this section refers to any individual, company or a group of people or body such as society or a partnership firm or even the government.
The application is to be filed in the principal office of the territorial limit in which the business lies in India. Based on the application the registrar looks into the trademarks and the trademark is either approved, refused or accepted with certain changes.
Importance of trademark registration
The trademark protects the branding of the product against the illegal use by other brands. It provides a tool to prevent one from taking advantage of one’s business. It provides a distinguishing factor between the goods and services. In addition the trademark also becomes a valuable asset to the company as with the increase in brand name in the market the trademark scales up automatically. A trademark provides a brand unique identity and makes it stand out against other brands providing same goods or services. Most importantly trademark becomes a tool for easy communication as people start to recognise the product with the trademark helping the customers to find the product easily and reaching out more efficiently to the product. Even though the trademark needs to be renewed every 10 years the brand remains forever, but the renewal process is to be initiated a year before the expiry of the registered trademark and if there is a failure to do so the trademark gets removed but can be re stain through the process of restoration of trademark in the prescribed form.
The Indian trademark recognises various classes as per the NICE classification since the NICE agreement was signed by the government of India. These classifications have been divided into45 classes on the basis of various types of goods.
The divisional trademark application requires more time and cost for the registration of a single applications. On the other hand class 99 provides a single application for all trademarks of multiple classes. In addition it reduces the labour and cuts down the effort for the same administrative work during the filing of application of the side of the applicant. In case of renewal of these trademarks it becomes much easier with respect to recording and changes made.
Downside of class 99 registration
During the filing of multiple class trademark application the fees continues to be the same for each application even if it is filed for a single trademark in many classes and administrative fees is to be provided for every single class registration. The administrator examining the report will take similar amount of time when multiple applications are filed under this class registration. All this will make the procedure more complicated and will extend the time duration and the problem arises when any opposition is made against any of the classes which would put a stop to the entire process. And if any registration application is cancelled of any particular class that partial cancellation is taken as the rejection of the whole application.
Divisional class registration
Under the divisional application of multiclass trademarks the applications are separately registered under all the 45 classes provided under the trademark rules. This is because a particular good or service might fall under more than one class and therefore multiclass trademark registration becomes necessary. Divisional application of a multiclass trademark is an action raised against every single class. When such an application is applied for opposing any one class the applicant can further divide it into multiclass application 9.
For example if any application has been filed under multiclass application for four different classes such as 5, 6, 12 and 13 and if an opposition has been filed against class 13 then the
applicant has the liberty to further divide the multiclass application and separate class 13 from other classes that remains.
The biggest advantage it provides is that the other classes can move forward with the registration process without delay and they will receive a new application number becoming separate multiclass application whereas the opposed application which in this case is class 13 will hold back the same application number 10. As filing of divisional application is time taking and expensive proper care has to be taken while filing them that no opposition takes place. Therefore, divisional application is preferred to save time and money.
Conclusion
As the trademark application generally tends to opt for multi-glass application against single class application for different classes, multiclass application tends to have more risk if any hindrances is caused during its registration by a third party. Hence it is more advised to file for separate classification applications.
On the other hand it also varies from the choice of trademark opted for registration if a multiclass trademark application has a possibility of minimum office action or any hindrance such as in the situation of coined trademarks it can be registered on the same. A multiclass trademark registration becomes more convenient when the application is free from all impediments.
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