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India: Further Details Regarding Amended Classification

September 28, 2010

The Indian Trademark Office has issued additional details regarding the recent amendment expanding the trademark classification system into 45 classes. These additional details were announced through a public notice following a meeting between trademark attorneys, IP lawyers and the Controller General of Patents, Trademarks and Designs on the 21st of August 2010.  The notice clarified the reclassification of trademarks that fall under the newly added classes of 43, 44 and 45. The major points of the public notice are as follows:

 

–         Currently Registered Trademarks: Trademarks that are already registered inIndia in class 42 will thus remain registered in class 42, regardless of the updated class of services (42 to 45) that these marks fall in. The renewal of said trademarks will also remain in class 42.

 

–         Existing Trademarks Advertised in Gazette: Trademarks that are currently being advertised in class 42 will thus remain registered in class 42, regardless of the updated class of services (42 to 45) that these marks fall in. After the expected registration, the trademarks will also remain in class 42 for the purposes of classification and renewal.

 

–         Pending Trademark Applications: Trademark applications that are currently awaiting examination as well as trademarks that have undergone examination and awaiting advertisement shall be subjected to a re-examination. The specified examiner will then inform the applicant of the suitable classes of goods and services the trademark now falls and the applicant will be instructed to make amendments accordingly. The applicant will have the option of amending the class(es) where the application is filed or to divide the class into the newly instructed class.

 

–         New Trademark Applications: Trademark applications in classes 42, 43, 44 and 45 will be examined with respect to previous class 42 trademarks for confusingly similar marks already registered.

 
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