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Trademark Registration seems to be an easy process but it involves few technicalities which generally people oversee.
In our previous post Learn how to Apply for Learn how to Apply for Trademark in India we explained about the various components of the Trademark application or popularly known as TM-1 form. In this article we intent to guide you about the what is Goods and Service description actually means, how it can be written and what will be the impact of mentioning the descriptions.
Once the appropriate class for the Trademark application is selected, we need to define the types of goods and services for the class we are filing the application in. Trademark goods and services are broadly classified in 45 classes comprising of various goods and services.
These classes are categorized based on similar types of goods and services placed under same class.
For example class 5 of the Trademark classification in India has broad heading “Pharmaceuticals, medical and veterinary preparations”. It also includes all medicinal products such as medicines, ointments, herbal medicines and sanitary pads as well.
Once your class is selected, the next thing an attorney must carefully work is over your class description. It is always good to tell in detail about your products, goods, services inclusive of related products and future production plans.
When I say future plan, it is pertinent to note that, suppose you want to file for a trademark for mineral water which you are currently manufacturing but there might a possibility that you may produce an energy drink later on. So it’s better to include all possible products realistically falling in same class. As it will save you from future amendment and increase the area of protection of your brand.
But when I say one should include goods or services realistically it means the attorney must carefully avoid what not to include in description so as to avoid the Trademark objection over the class description later on during the issuance of trademark examination report, which may incur you an additional cost of filing for TM-16.
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So, now its important how to select appropriate class description, chose only the description of goods and services as provided in Nice classification.
Nice classification is basically the bible for searching and decoding the proper classification for the goods and service can be trademarked. It lists down a complete list of products and services as a dictionary, it gives you a detail about the appropriate Trademark class, the description of Trademark product and also the overlapping classes.
The wording of your description should not be in vernacular language at all and must be in sync with Nice classification.
Now a days most common objection is raised over the description of goods or services in a Trademark application not properly filed, that is basically the description is not in accordance to the Nice classification. Hence this Trademark Objection can be easily avoided by following the above mentioned steps.
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