A trademark typically refers to any word, sign, and symbol or graphic that remains applicable to a company, its goods or services to distinguish them from those of competitors. For instance, this could be a brand, product or company name, or a logo of the business. The trademark is considered as a badge of origin for a business and its brands and products, and can comprised of words, logos, images, slogans, shapes and colours, or a combination of all of these.
There are a total of 45 classes as the classification of trademarks. Each of the trademark class represents a distinguishing set of goods and services. While submitting a trademark application, the class of goods and services to which the trademark pertain need to be mentioned in the application. It is necessary to pick the right class of trademark while filing the application as improper classification of trademark could hamper the trademark registration process and/or diminish the legal protection for the mark under the Trademark Act.
A Trademark application can be filed in more than one class, if the activity of the business involves in multiple goods or services coming under different trademark classifications. Moreover, even if a registered trademark exists in less than one class, another business can submit a trademark application for the same mark under a different class. Therefore, filing of trademark application under one class does not provide complete exclusivity over use of the mark. Trademark only provides exclusivity for use of the mark with respect to the class of goods or services for which the trademark is registered.
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