Class 99 Trademark Registration in India

Class 99 under trademark is a reference for the multi-class trademark application. Section 18 of Trademark Act, 1999 entails provision regarding registration of the mark in multiple-class.

Once a company emerges in the market it requires to register its brand name with the trademark registry to protect it and attain a distinct status amongst its customers and investors.

Section 18 of the trademark act 1999 states that any application made for registration of the trademark in India should be made to the registrar. In case of trademark class 99 registration, the trademark can be done with a single application by paying the prescribed government fees for every class.

Class 99 trademark application is prevalent among proprietors filling trademark under the Madrid system.

Mostly trademark attorney recommends filing a single application for every trademark because benefits of single class trademark application outweigh the amount of money and time saved while submitting a multi-class trademark application.

What is Class 99 Trademark Application?

A trademark application can be made either through single class or multiple class trademark application. Multiple class trademark registration application is also known as class 99 trademark.

The Indian trademark law allows both these trademark applications. Multiple class trademark application is done when the proprietor is applying for trademark registration in more than three classes.

 

The questions is!

Can We file Multi-class Trademark Application in India?

Yes, Indian trademark registrar allows applicants to file a multi-class trademark with a single application if the applicant wishes to register the mark covering goods and services spanning multiple classes.

Documents Required for Class 99 Trademark Application

The following information and documentation should be provided at the time of filing trademark application whether single or Multi-class.

  • The applicant's name and address
  • Country or the state in which it wants to incorporate the trademark application.
  • Description of the trademark the person intends to file
  • A physical representation of the mark should be made to the registrar;
  • A list of the relevant goods or services which will be provided under the trademark
  • The power of attorney
  • An affidavit of prior use and evidence must be filed electronically with the date of first use.
  • A statement of intent
  • The Governmental filing fee
  • In case of priority claim of an earlier application is claimed the documents supporting it.
  • A local service address must be provided for every application made in India.

 

More on: Documents Required for Trademark Application in India

Class 99 Trademark Fees and Forms

Trademark registration has been classified into various classes as per the NICE classification included in the trademark registration process once the NICE agreement was signed by the Indian government.

As per this classification, Indian Trademark application has been divided into 45 classes based on different types of goods.

The fees charged by the government official is separate for every class which has to be paid in one go at the time of filling application.

Hence the amount will vary by the application.

Advantages of Registering a Trademark under Class 99

Class 99 trademark represents all the classes for registration of a trademark in multiple classes with a single application. Class 99 trademark allows a lot of advantages for the proprietor.

  • Divisional trademark application incurs the time and costs more than single trademark application. Hence it is recommended to file a single application of trademark for multiple classes.
  • A trademark fee in case of registering a trademark under class 99 incurs lesser fees as compared to filling trademark for every class separately.
  • It reduces the examination workload and simplifies the administrative work when the application is filed.
  • Future renewal, assignment and any change which is to be recorded are done efficiently

The Downside of Filling Multiple Class Trademark Application in India

Before any of the applicants rushes to file an application under this class should measure all the pros and cons. There are many regulations which reduce the efficiency of the management.

  1. An application fee is not discounted even if the person files for a trademark in many classes. According to the established practice the proprietor has to pay administrative fees for every class registration.
     
  2. The person examining the report will take the same amount of time when the person files multiple applications.
     
  3. The procedure of registration will be more complex and will be prolonged due to any opposition against any of the class will halt the whole process.
     
  4. If the application of registration of a trademark is rejected for any of the class, the partial rejection is considered as a rejection of the whole application.

Conclusion

The applicants have limited knowledge about the multi-class registration of the trademark and due to this trademark registration under class 99 should be done cautiously and only after the applicant has understood the whole process of this system.