A multi-class trademark application is filed to get a service mark or a trademark registered under 2 or more specified classes of products. It is a trademark application in which one registers the federal trademark application to get their trademark registered in more than one category of products.
For example, Unilever produces and manufactures numerous products, to protect it, i.e., the brand collective can file a single multi-class trademark application for all of its similar/related products, which may fall under multiple classes.
PURPOSE
Filing a multiple-class application has its own merits and demerits. The obvious advantage is that the applicant won’t have to file separate applications but can protect a product in multiple classes with just one application. Additionally, it is more effective to file a single multi-class application. The applicant can avoid the hassle and save time by giving out the information on just one occasion, without having to do so multiple times.
ADVANTAGES OF MULTIPLE CLASS TRADEMARK APPLICATIONS
1. Several Classes: Solitary Application- Since it is a single application containing multiple classes, the said application is going to be treated as a single application only for the applied classes, and therefore, the classes submitted will be processed together.
2. Saves Time & Avoids Hassle- It will save time and effort when a product belongs to multiple classes and single class applications are filed. There will have to be multiple single class applications, which would need to be filed separately. However, in a Multiple Class Application, all the classes the product belongs will be clubbed into a single application for trademark registration.Â
DISADVANTAGES OF MULTIPLE CLASS TRADEMARK APPLICATIONS
1. Increased Fees- The person filing a multiple-class application for trademark will have to pay the same official fee as demanded by the Indian Trademark Office. The fees for filing a single class trademark application stands at Rs. 3500. However, if a multi-class application is filed, then the same amount has to be paid for each class. E.g., if the applicant wants to register his/her mark under three different classes, he/she will have to pay 3500*3 that amounts to Rs. 10 500 according to the Trade Marks Rules, 2002.
2. Objection Stays Entire Application- Since multiple classes are being submitted in a single application if an objection or opposition is raised against any one class, the entire application is halted, and registration is delayed.
3. Costs & Divisional Applications- If one is filing a divisional application, then he/she will have to incur additional charges for the applications. The same will take a lot of time and go through an extremely cumbersome process. The Indian Trademark Office allots separate application numbers for the divided classes but does not process these divided applications. The purpose of allowing the classes which are not opposed or objected to proceeding further towards registration is defeated.
CONCLUSION
In summation, if a person is filing a trademark on their own where their products fall under multiple classes, then they should file a separate single class application unless and until they are fully sure about the fact that there will be no opposition or objections raised against anyone class if they do go ahead with a multi-class application. ITO allows the submission of multiple class trademark applications, but in most cases, the benefits of using a single class application surpass the benefits of multi class applications.
The biggest demerit of a multiple-class application is the rejection of the whole application by the Trademark Registry. If an objection is raised, one does have the option to file for a divisional application for registration, but that will lead to more costs for the applicant to bear, thereby defeating the purpose of a hassle-free experience in totality.
