New Classification of Goods and Services in India

The Government of India has amended the Trademark Rules, 2002. Listed below is a summary of the changes.

1. The Classification of Goods and Services (Fourth Schedule of the Trademark Rules stands amended now. Initially, there were 42 classes but now three additional classes i.e Class 43, 44 and 45 have been added, w.e.f May 20, 2010. The main object achieved by this amendment is that the Indian trademark classification is now in line with the NICE Classification of Goods and Services, which is followed by a majority of countries. The new classes read as under:

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software;

Class 43: Services for providing food and drink; temporary accommodation;

Class 44: Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; and

Class 45: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

However, this amendment requires that for all pending applications filed in class 42, for specification of goods that now comes under any of the class 43, 44 and 45, the applicant has to file an application with the prescribed fee of Rs 500/- for change of specification of the services to the new appropriate class. Where the specifications in the original application includes services now falling under class 43 to 45 and some services continue to fall in class 42, an application fee of Rs 2500/- per class is to be paid to convert the application into different appropriate classes along with a request with appropriate fee of Rs 500/-to amend the original application. The date of filing of all applications will remain the same as that of the original application. With respect to already registered marks in class 42 which now fall into other classes, an application with prescribed fee of Rs 1000/-has to be filed for change to the new appropriate class. Similarly, as in the case of pending application, if the registered marks needs to be split into different classes, registered proprietor needs to file a request with application fee of Rs 2500/- for each class. Renewals for marks which require re- classification will be done only after the necessary conversion of specification in the appropriate class has been adhered to. Until all the applications for services in class 42 are transferred to the amended class as appropriate, a combined public search and a combined request for official search should be made in both class 42 and the amended classes. Thus, this amendment will facilitate India's joining in Madrid protocol.

2. Earlier, if an applicant, after completion of all formalities of prosecution does not receive a certificate of registration, he had to apply for a duplicate copy on payment of additional fees. Now after the amendment the Registered Proprietor of a trademark can now obtain duplicate registration certificate without paying any official fee, if he proves that he did not receive the original certificate.