Key Considerations Of Trademark Class 99 Application

Published On: Sep 3, 2019Last Updated: Jul 29, 20223.8 min read

Introduction

Trademark Registration provides legal protection against unauthorized use of the registered brand name. The trademark is registered based on types of goods and services. In accordance with the NICE Classification, all types of goods and services are classified into 45 classes. To register the brand under the trademark, one must know the correct class of trademark. It may also happen that the product falls under more than one class. It will be a tedious process to file each of the applications separately. Also, it is a time-consuming process.  This blog talks about trademark class 99 application or multiclass trademark application that allows you to get protection in multiple classes through a single trademark application.

Let’s take the example of “Unilever”. Unilever has acquired trademark registration in all the classes in which its products fall. Therefore, trademark registration in multiple classes is required when you have business in relation to different types of goods and services. For multiple trademark registration, one can apply it in two ways. First – individual application in each class, secondly, a trademark class 99 application. In trademark class 99 application, an applicant can apply in more than one class in a single application.

Key points on trademark class 99 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 key points, which will help you decide how impactful a trademark class 99 application will be for your product 

1. Single application 

The trademark class 99 application will be considered as a single application for all the applied classes. Hence all the classes will be evaluated and processed jointly.   

2. Easy to file 

It will be a tedious and time-consuming process to file each of the applications separately. The information will be accurate in filing a single application for multiple classes. 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. 

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 objections that can be raised for a trademark.

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.

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

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Rohan Sharma
About the Author

Rohan Sharma

Rohan Sharma is a lawyer with a flair for writing. Rohan has a special interest in the domain of Intellectual Property Rights and possesses an extensive experience in the fields of trademarks, copyrights and industrial designs. Aiming to understand the intricacies of law as a concept and its symbiosis with advancing technology and changing societies, the author seeks to examine the nuances of law.

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