Trademark Class 9: A Guide for India and Beyond

In these days of the global economy, protecting your brand identity is of the utmost importance. It does not matter if you are a small business or a large corporation, trademark registration is the first thing you do to secure your intellectual property. Trademark registration is not only to protect your brand name or logo, but it gives you the distinct identity in the marketplace for your other products or services.

In this blog post, this will give you some idea in understanding how a trademark registration works, and one of the trademark classes we are going to mention here — trademark class 9, and why does trademark class exist in the first place. Today we will throw some light on the global trends and practices but with special reference to the Indian market and how businesses can go about the trademark registration process in India.

Trademark registration is a legal right that a person or an entity obtains in commerce when they exclusively use a particular sign, symbol, name, or logo. Trademarks are important tools for establishing brand recognition and consumer trust, as well as enabling businesses to maintain their rights in the face of potential trademark infringement or unauthorized use by others.

Trademarks can be words, phrases, symbols, designs or a combination of such. Upon registration of the trademark, the owner is given the sole right to use the trademark in respect of the goods or services associated with the goods or services associated with the registration. The protection will extend to the trademark classes in which the trademark is registered.

There are various classes of trademark, and registration is built around these classes. Here each class is different kind of goods/services for which Trademark can registrared. Most countries use an international classification system, namely the Nice Classification (NCL)—the broad definition of which is in the realm of the World Intellectual Property Organization (WIPO). Under this system, there are 45 separate classes for goods and services, with classes 1–34 comprising goods and classes 35–45 comprising services.

Trademark Classes Explained: Why You Need to Know About Them to Protect the Right Products and/or Services While some businesses may fall under one specific class, others may need to register their trademark in multiple classes, especially if they operate in more than one sector.

Trademark Class 9 — this is one of the most essential classes for technology, electronics and software companies. This category has a broad scope of products which consists of:

• Scientific and industrial apparatus
• Computers and software
• Audio and video equipment
• Electrical and electronic devices
• Smartphones and mobile devices
• Batteries and chargers
• Computer peripherals
• Telecommunication devices
• Video games and related software

So, if your business manufacturer or sell any of these paid products, then register your trademark under trademark class 9 to protect your mark from any unauthorized use or copying. Although technology is a critical best-practice across each and every different enterprise, for tech businesses, manufacturers and software builders, it is practically unavoidable when it comes to class 9 trademarks.

Trademarks are filed in respective classes, thus a grant in Class 9 ensures that no one besides you can use your trademark on these products and you are free to take any legal action on infringement. That means if some other company tries to sell identical products with your trademark, you can sue them.

India may be a big and growing market for businesses looking to grow in Asia, especially as one of the fastest-growing economies in the world.

Is Trademark Registration in India a Trivial Affair or a Tricky Deal? When it comes to protecting your brand identity from legal controversies trademark registration in India is undoubtedly the first step to be taken by every brand for a legal cover against its identity crisis. In India, the main law dealing with trademark registration and protection is the Trade Marks Act, 1999.

The Indian trademark registration process is regulated with the Office of the CGPDTM (Controller General of Patents, Designs and Trade Marks) under Ministry of Commerce and Industry. India follows like Nice Classification which gives a clear understanding of class in which you should file your trademarks.

There are multiple steps in the Process of Trademark Registration in India. Here’s a summary of the process:

Trademark Search: It is always a good practice to conduct a trademark search before planning to file a Trademark Application. The search aids in identifying pre-existing applied-for trademarks that will interfere with your application. Such is important to prevent rejections based on similarities with other existing trademarks.

The Next Step Will Be Filing The Application: After carrying out the search and if you are positive about the fact that your trademark is not used You can now file your application, The application can be submitted online, via the IP India website or be filed at the respective regional office.

Review: The Trademark Office will review your application to make sure it meets the legal requirements after submitting the application. The trademark will be accepted unless there are problems.

Trademark Journal Publication: After examination, your Trademark will be given a Publication for opposition in the Trademark Journal. This means that any third party can challenge the registration within a certain period, typically 4 months.

Trademark Registration → and Certificate: If anyone does not file an opposition, or in the case of filing an opposition if unsuccessful then your trademark goes to registration and you get a Trademark Registration Certificate.

TRADE MARK REGISTRATION FILING FEE: Trademark Registration filing fee in India is dependent upon how many classes you intend to register under. ₹4,500 per class (online filing) ₹5,000 per class (physical filing) – for individuals Class fee (for businesses)INR 9,000 (online filing)

Time period: Trademark registration process takes 18-24 months of time generally after which we have a mark with us (Subject to any oppositions and objections in the path of the process; different cases have different nature).

Renewal: An Indian trademark is valid for a period of 10 years counted from the filing date and can be renewed indefinitely for successive periods of 10 years.

Even though we are talking about India, it is an importance aspect in all the regions, especially if you are a company aspiring to go global. Most of the countries such as the US, EU, and China own their trademark registration systems and classes.

US: Trademark registrations are managed by the United States Patent and Trademark Office (USPTO). Like India, the U.S. too follows the International Classification of Goods and Services. Trademark class 9 in the U.S. includes similar items: Electronics, Software, and Telecommunications products.

EU: The EU is the European Union and patents are responsible by the European Union Intellectual Property Office (EUIPO). It functions as the same system as India where trademark is classifiable under class 9 for the technology products.

China: Being an economy on the rise, China has a very firm trademark registration system which is maintained under the China National Intellectual Property Administration, CNIPA. Technology-related businesses in China are equally affected by Class 9, or at least by Paragraph 260 of Class 9.

Trademark Registration is one of the most powerful tools of brand protection in a country like India which has a very competitive market. Trademark class 9 — What you need to know about Why trademark class 9 is important and particularly trademark class 9 — is something that companies that are in the electronics software and other tech industries should familiarize themselves with.

Even when you are new to India or other nations where you want to register your services or product for protection, the trademark filing process sequences itself close to law. Thus, make yourself clear on what you need to do regarding Trademark class 9 or other classes concerning your technology or company and strategize to defend your brand for the time to come.

In this day and age where business world is ever changing, a trademark can no longer just be considered as a formality to fulfil but a necessity that needs to be taken care of in order to make branding easy for long term future.