Speaking of wild thoughts, imagine if Apple had trademarked its logo just under one class, say Class 9 – It Covers all types of Mobile Applications (APPS) and Downloadable Software (anyone having a Mobile Application has to get a Trademark Registered in this Class for its protection).
Sanjay a busy entrepreneur decides to start his own electronics manufacturing company (Home based automation and application development). Sanjay wanted to have a brand name that can be trademarked and can be easily remembered by the target audience. Out of blue, Sanjay got an idea to use Apple as its brand name.
Sanjay hired a lawyer to look up if he could get his company named as Apple Technologies Private Limited; his lawyer did the due Trademark research and figured out a way that can be done. Here are the suggestions made by the lawyer:
Trademark can be applied under two criteria: Primary Trademark Classes and Secondary Trademark Classes (the explanation would be more elaborate while Applying for the Trademark, below Descriptions are for your Reference and understanding only)
Primary Trademark Classes -
Class 35 – E-commerce Platform, Business Operations, Consulting, Promotions and Advertising Services(this covers your Amazon or Uber type integrated portal).
Secondary Trademark Classes -
- Class 37 – Cleaning, Washing, Repairing Services related to Household Work, Construction Work etc, (it majorly covers the domestic Help provided in Household Work, in other words, it covers major work that would be done by a Domestic Helper i.e. a SMART CHOTU while a person would be booking them on your platform)
- Class 42 – Covers Designing of Website and Mobile Applications; Maintenance of Mobile Application and Websites. (this is done when you have an IT team to do changes and maintenance of the Website and Application)
Ironically, Sanjay would have got the Trademark approved very easily unless Apple files an opposition. Yes, the Trademark Act has all those provisions, which is why Multi Class Trademark Registration is suggested.
Multi-Class Trademark Registration simply means:
An application for registration of a single trademark can be made in respect of goods and/or services in one class. If in case you choose multi-class registration, then you are required to apply for registration those many times. Example: In case you choose to trademark under class 1 and class 35, then you need to apply for trademark registration twice, one class at a time. The applicant should specify the goods and/or services in relation to which the application is made. A specification that claims registration for all goods, products or services etc. in a particular class would be regarded as wide.
The take away:
Entrepreneurs little do they know about the fancy Laws and regulations, but as a business owner being aware and taking the right decision for the company is always in your hand. It is advisable to have a Trademark registered in all your relevant Trademark Classes for Complete Protection of your Brand. Majorly because of the fact that if someone else tries to Copy, Infringe or Misuse the same name and Trademarks it in your Relevant Class, then you would lose all the rights over your BRAND in that specific Work domain.
Once Again, reminding you of the benefits Trademark Registration:
- Exclusive Right on Your Brand Name & Logo.
- You Become the True Owner of Your Brand Name & Logo.
- It Protects your Brand Name & Logo from being Copied by someone else.
- You get the Power to Sue anyone trying to Infringe your Brand Name or Logo.
- If someone else Trademark's your Brand before you then you would lose all the Rights over your Brand and will be stuck in years of Litigation.
Start-up process entails complex procedures and many bureaucratic hurdles, entrepreneurs are better off using professional services. Hiring a virtual lawyer and virtual accountant can save time and help ensure that the process goes smoothly. For any Legal and Accounting support, Happy to help you, let us talk! 🙂