Understanding Multi Class Trademark Application under Class 99

Introduction

Protecting the identity of your brand is integral to ensuring the growth of your business. Online Trademark Registration provides legal protection against unauthorized use of the registered brand name. You can register a trademark on the basis of the types of goods and/or services you are dealing in. To register the brand under the trademark, you must know the correct class of trademark. Chances are, you are eligible for multi class trademark registration. Hence, it will be a tedious process to file each of the applications separately. That’s when multi class trademark application comes into the picture. When you apply for a class 99 trademark, you can apply for as many classes as you want. So, in this blog, we cover the multi class application for registration of trademark. 

What is a multi class trademark application?

A multi class trademark application is a special application available online, on the IP India portal. It allows an applicant of trademark to file a single application using class 99 trademark. The key benefit of applying for multi class trademark registration is that it allows you to secure protection in multiple classes, without going through the hassle of keeping a track of separate applications. You can easily file a multi class application for registration of a trademark if you know how to register a brand name in India. 

Example for class 99 trademark

Let’s take the example of “Unilever”. Unilever has acquired trademark registration in all the classes in which its products fall. Therefore, multi class application for registration of trademark is required when you have business in relation to different types of goods and services. 

How to get multi class trademark registration?

For multi class trademark application you can apply it in two ways. 

• First – individual application in each class; and 
• Second –  a trademark class 99 application. In trademark class 99 application, an applicant can apply in more than one class in a single application.

Also Read: Documents required for Trademark Registration

Key elements of trademark multi class application 

The intention to file a trademark class 99 application is to get trademark registration in multiple classes through a single trademark application. Below are the essential characteristics of a trademark under multi class registration, which will help you decide how impactful a trademark class 99 application is for your product 

1. Single application 

The trademark class 99 application is a single application for more than one trademark class. Hence all the classes will be evaluated and processed jointly. You can even use our trademark class search tool to check all applicable classes for your multi class application for registration of trademark. 

2. Easy to file 

It will be a tedious and time-consuming process to file each of the applications separately. Besides, the information will be accurate in filing a single application for multiple classes. Hence, there will be less documentation in a trademark class 99 application. 

3. Trademark application fees 

There will be no difference in the government fees for a trademark application. The fees will be the same for both separate applications for each class and a single trademark class 99 application. The fees will be Rs. 4500/- per class for proprietor or MSME or Startup applicant and Rs. 9000/- per class for other applicants. 

Also Read: Different types of trademarks in India

4. Delay in the process due to a single application 

As it is a single application for all classes, the whole application will come to a halt if there is issue in any of the selected classes. For example, an applicant files a trademark class 99 application for 5 classes. The entire application may not proceed ahead if the trademark registry finds issue in any one of the classes. The trademark registry will process the entire application only when every objection or query in the whole application is resolved. Hence, if there is a doubt about the availability of the brand in one of the classes then it is better to file separate trademark applications for all classes.

5. Rejection of an application 

If the trademark registry issues any objection or if any third party opposes the trademark application in one of the classes which do not get cleared then the whole application (consisting of multiple classes) will be rejected even if the brand can be registered in other classes.  Therefore, to avoid rejection due to unnecessary opposition, the applicant shall pursue trademark filing with different trademark applications for each class. Furthermore, it is always advisable to get professional assistance for filing a trademark application for trademark registration to avoid erroneous trademark filings and to anticipate objection under section 9.

6. Trademark must be in use in each class 

The applicant must use the trademark in each class in which registration is taken. There is a possibility that the applicant may pursue a trademark for various classes but does not carry on business in all classes. In such a case, the trademark registry may cancel the registration. Hence, the applicant will not be able to enjoy trademark registration for a product which is not a part of their business activity.

Advantages of multi class trademark registration

Cost effectiveness

Even though the government fees in a class 99 trademark application is the same as the other ones, the professional charges and overall expenses are reduced. 

Simplified registration

In a multi class application, you will only have to worry about the documents and objections for one single application. Moreover, only one application number will also be generated, making it easier to keep and maintain the records. 

Flexibility for growth

When you already have a  multi class trademark registration, you will not have to think twice before increasing product or service diversity in your business. Hence, class 99 trademarks usually provide flexibility for growth. 

Time saving

Multiple trademark applications save  a lot of your time as compared to filing individual applications in each applicable class. 

Disadvantages of class 99 trademark

Uncertainty 

Sometimes, a multi class application for registration of trademark will create uncertainty as to the total scope of protection over the said mark. Since it covers a lot of services or products, chances are, you may miss out on the specific product or service. 

Timeline for registration

In a multi class application, another downfall is the extension in the timeline for trademark registration. If your application is objected to in one or few of the classes on the relative grounds of refusal, your registration is hampered in other classes as well until the objection gets resolved. 

Difficulty in enforcing rights

Enforcement of rights for a trademark registered under class 99 may be more challenging. The reason being limitation of scope of protection and even difficulties in monitoring the trademark. 

Conclusion

If the product or service falls under multiple classes, then the applicant must register the trademark under all such classes. Otherwise, others may register a similar brand name under other classes. If the brand name is unique then one may apply it through a trademark class 99 application. And if not then it is better to apply it separately for all classes. To seek expert advice for any services related to trademark registration in India, you can contact us at support@legalwiz.in.