A snippet for those tracking trademarks — there are a couple of amendments to the Trade Mark Rules 2002 with effect from 20 May 2010.The key change is the expansion of the Fourth Schedule to include four additional classes of services to the existing list. The notification, which can be accessed here, mimics the list of services present in the Nice Classification, which is an international classification of goods and services for the purposes of registration of trade marks. The total number of classes now stands at 45, instead of the previous 42. (image from here)
The added services are as follows:
42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43. Services for providing food and drink; temporary accommodation.
44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture. horticulture and forestry services.
45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
SpicyIP would like to thank Prateek Garg for bringing this news to our attention.
Thanks for the update… I understand that uptill now these services were covered by class 42… any information as to what would happen to earlier registration/ pending applications under class 42 which would now fall under the three new classes?
Hi Anon – yes, i gather that these services were pretty much covered under class 42 previously, and the new classification has only disaggregated that class further.
I do not have any immediate information on whether pending applications or registrations will get reclassified. That may be a bit of a task for the Registry, I am sure! But will keep you informed of any news on this front.
Hi
Trademarks Office has not yet commenced acceptance of applications in classes 43-45. It appears that will start this process after tomorrow (June 24th or 25th) This is the position in Delhi Office. Therefore it follows that the efefctive date of the notification should be amended suitably to ensure that applicants do not suffer.
Can you please confirm the date on which this notification was procured by Prateek?
Many thanks
thanks.. look forward to more updates on this front!
The earlier registrations will stand in the same class in which it is applied.
what is the other amendment? any idea? you are referring to a couple of amendments!!!
@ Anonymous: The notification is dated May 20, 2010 but it was uploaded on the IPO website just yesterday. However, the link providing classification of goods and services [http://ipindia.nic.in/tmr_new/default.htm] was reflecting the change since June 21, 2010.
Thanks for your update…..
As confirmed from TMR, Mumbai, the person concerned for all the clarifications regarding new amendments particularly classification is Mr. Mahapatra, his cell no. can be obtained from TMO reception.
However, as confirmed by him the notification date will be JUNE 10, 2010.
The previous applications filed under class 42 will remain the way they were, no amendments required.
If required, association/ reliance can be placed on the same while seeking new registration under the amended classification.
The fresh filing under new classes is likely to take some time as the modalities pertaining to alignment of software are being worked out.
Must say Mr. Mahapatra is being very considerate, receiving all calls, answering all queries…….Mr. Kurain Congratulations…..finally people at TMR are working.
hi …. the TM ACT provides for re-classification in respect of existing registrations where the fourth schedule has been amended. Kindly refer to Rule 101. TM-40 is the requisite application to be filed in such cases.
Hi Rohan…..thanks…..checked up again…..the complete notification along with the scenario regarding both RULE 101, TM-40 and TM 41 will be notified by today evening. As per the TMR officials they are yet to get the clear picture reg. this lets wait.
As regards the filing of new applications, they are being accepted and one can file accordingly.
Hi… got feedback from TMR, the necessary circular regarding the amendments in the Act and re. Rule 101 and TM-40/41 will be published shortly in the next TMJ. What TMR has advised is to wait till the necessary directions are issued as they have will to open a fresh register for new filings as well as to bring in the corrections in the existing registrations under class 42.
I understand we must bear with them as they are already on job and are making the required arrangements.
Once again thanks Mr. Kurian..
Rule 101 is not applicable when a new class is introduced!!!!!. Here the reclassification is made by way of introducing new classes to make it in confirmity with the NICE.
Hi…….anon……can u please tell from where have you gathered this………. and under what circumstances RULE 101 and TM-40/41 are applicable………
Hi While I agree that Section 60 would clearly apply in this case and also Rule 101, however the application of the above, is only in relation to “registered trademarks”. What about cases where the marks have been applied only recently. Can we amend them on the basis of TM-16??
The amendment is with effect from 20-05-2010. Hence it will NOT effect the previouly applied/registered marks prior to such notification. Section 60 or Rule 101 WILL NOT APPLY. This is the clarification I got from TMR Delhi