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Abhay Nevagi & Associates

INSIGHT INTO MULTI-CLASS TRADEMARK APPLICATIONS

The Indian Trademark Registration process provides for 2 distinct methods for filing of any Trademark Application in more than one classes. Generally, one files multiple Applications in case of registering Trademark in multiple classes. But there happens to be a provision for filing Trademark in multiple classes through one Application as well. Section 18 (2) of the Trademarks Act, 1999 states that “a single application may be made for registration of a trade mark for different classes of goods “.

Though this may come across as the easier and cheaper alternative, there are several reasons as to why the filing of multiple applications for registering of Trademark is by far the more preferred option. Following reasons can be enumerated to this effect: –

  1. PRICE: Firstly, there happens to be no major difference in the prices for filling a single Application for Multiple Classes or Multiple Applications for Multiple Classes; therefore, filing of separate Applications for multiple classes is more beneficial;
  2. OPPOSITION: Secondly, in case there is any opposition raised against the application in any one of the classes, registration of all the other classes gets stalled. This is not the case with respect to the practice of filing multiple applications;
  3. DIVISION APPLICATION: There is the provision of filing a ‘Division Application’ in case an application for registration of trademark in multiple classes gets stalled due to opposition to any one of the classes. But the process to initiate such Division Application is gruesome and expensive.

Therefore, to sum up, filing of separate Trademark Applications is always the better option. One must only go in for Multiple-class Trademark Application provided the Trademark to be registered is unique, distinct and capable of being distinguished.

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