A trademark is a unique identity of a product/service/business, expressed through a graphic representation, text, color combination, sound, smell, taste, or even a name that gives a complete definition to a brand. Developing an identity mark to be registered is a creative process that requires a lot of research and brainstorming.

Take the example of FedEx, a renowned international logistics company. Its logo at first seems to be a simple typographic game. When closely inspected, it shows an arrow hidden between the underscore of E and the letter ‘x’. The arrow represents fast and timely delivery by the company, as well as progress.

This unique form of expression of the logo is a registered trademark of FedEx and therefore cannot be imitated or recreated by any other company.

Once you have decided on a unique identity/brand to represent your company, it makes sense to protect it from unsolicited use. The best protection for your brand identity is provided by legal trademark registration.

The first step in registering a trademark is to choose the appropriate class under which to apply for registration of the chosen trademark of the product or business.

Selecting a precise class for the mark can often be a confusing matter and requires the technical expertise of a legal professional. Professional guidance helps you decide the range of protection offered under a specific class or the need to register a trademark under multiple classes.

The trademark search is the first step towards trademark registration. Only on the availability of the required trademark under the applicable class can the application process be advanced.

The Government of India has classified all goods and services into 45 categories which are called classes in general terminology. Each class categorizes specific goods or services under which the mark should be searched for a particular product.

Let’s say, for example, that Class 12 is categorized for vehicles. Therefore, a company launching a new car or truck has to search for the trademark name in class 12. If the required trademark is available for registration or in other words, if the trademark is not registered owned by no one else in that specific class, may be requested for registration. Definitions of various classes are available at ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx and various other class database websites.

When selecting an appropriate class, one should keep the following in mind:

• Which class will give you the most protection?

For example, if you are dealing with baby clothing, you may want to look into the availability of trademarks in class 25 which gives you broader protection for clothing, footwear, and headgear. This is because you may want to expand the product line in the future to include adult clothing in your business expansion plan.

• What best represents your product?

If you are in the brewing business, you may find class 33 the obvious choice for trademark registration for your product. On the contrary, beer is classified in class 32, since it is considered a non-alcoholic drink.

• Do I need just one class or do I need to apply for multiple classes?

If your business spans different types of disciplines, you need to register the trademark in multiple classes. Giant companies like the Reliance group have their logo registered in multiple classes that specify their various business interventions in petrochemical, telecommunications, retail and digital.

Likewise, Flipkart, although a single company is registered in four different classes due to the variety of products or services it engages in. Trademark under multiple classes provides protection to the owner in a wider range.