Uncertainty over new trademark classes resolved

The office of the controller general of patents, designs and trademarks (CGPDTM) issued a public notice on 23 August to address the lacunas in a notification on trademark classifications published on 1 July.

Over the past few months, the CGPDTM has attempted to update Indian trademark provisions through a slew of public notices and amendments in order to comply with international standards. On 1 July, the CGPDTM included three additional classes of service marks, raising the tally to 45 classes, thereby bringing the classification of goods and services in India in line with the 9th International (Nice) Classification of Goods and Services. The original class 42 was residuary in nature and included services that could not be categorized in other classes. The number of classes has been expanded so that class 42 now specifically includes scientific and technological services and research and design relating to these services; industrial analysis and research services; and the design and development of computer hardware and software. Class 43 includes services involving the provision of food and drink and temporary accommodation. Medical and veterinary services, hygiene and beauty care, agriculture, horticulture and forestry services all fall under class 44. Finally, class 45 includes legal services, security services for the protection of property and individuals, and personal and social services for individuals.

The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.