I cannot guess whether dream has come true or some miracle has happened. Yesterday night I was thinking of classification of goods and services for registering trademarks, as to why there is no proper and elaborate explanation of those goods or services. Rather than saying elaborate, I would suggest to explain it in a very simple english (But most of the laws in India are complex !!!!).
I filed an application to register trademark recently for an online shopping site. I did not know whether it comes under goods or services, perhaps it is a service where in the shopping site sells books to consumers, therefore I was adviced to file it under Class 35 which includes Advertising, Business Management, Business Administration, Office Functions along with Explanatory notes. If this is the case, then why some sites are registering in the Goods Class also when they are not manufacturing that good.
For eg., India's Popular Online Shopping Site Flipkart.com has registered its Trademark under class 35 and also in various other classes. To be noted they have also registered it in class 16(Goods made from paper) Goods means it is manufactured by the mark owner himself, so how and why Flipkart and also other mark owners are given registration in other classes also. There is also another scenario where one mark can be registered in different classes.
According to Indian Trademark Act, 1999, Sec 2(V)(j) Goods means, "anything which is the subject of trade or manufacture" which means if it is a subject of trade also we are able to register one mark under different classes? Is this the appropriate reason that The Trademark Registrar registers the marks. This is how it is with Flipkart, Ebay and other e-commerce websites.
Now india is undergoing an e-commerce era which is evident after internet has come into existence. Due to this I would suggest that E-commerce sites and their goods and services be added as specific class under goods and service for better laws and accommodating new businesses.
I have just poured in my thoughts regarding this registration. The public notice can be accessed here http://ipindia.nic.in/iponew/public_Notice_16August2012.pdf
I filed an application to register trademark recently for an online shopping site. I did not know whether it comes under goods or services, perhaps it is a service where in the shopping site sells books to consumers, therefore I was adviced to file it under Class 35 which includes Advertising, Business Management, Business Administration, Office Functions along with Explanatory notes. If this is the case, then why some sites are registering in the Goods Class also when they are not manufacturing that good.
For eg., India's Popular Online Shopping Site Flipkart.com has registered its Trademark under class 35 and also in various other classes. To be noted they have also registered it in class 16(Goods made from paper) Goods means it is manufactured by the mark owner himself, so how and why Flipkart and also other mark owners are given registration in other classes also. There is also another scenario where one mark can be registered in different classes.
According to Indian Trademark Act, 1999, Sec 2(V)(j) Goods means, "anything which is the subject of trade or manufacture" which means if it is a subject of trade also we are able to register one mark under different classes? Is this the appropriate reason that The Trademark Registrar registers the marks. This is how it is with Flipkart, Ebay and other e-commerce websites.
Now india is undergoing an e-commerce era which is evident after internet has come into existence. Due to this I would suggest that E-commerce sites and their goods and services be added as specific class under goods and service for better laws and accommodating new businesses.
I have just poured in my thoughts regarding this registration. The public notice can be accessed here http://ipindia.nic.in/iponew/public_Notice_16August2012.pdf
Thank you for making the effort and spreading this information with all of us. It was indeed very useful and informative while being straight forward and to the point.
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