India expands the Classification of Goods and Services

29 October 2012

India has expanded the Classification of Goods and Services to include Classes 43, 44 and 45, says Bisman Kaur, a senior attorney with Remfry & Sagar. Until recently, the Indian Trade Marks Act had 42 classes, and services of Classes 43, 44 and 45 were classified in Class 42. The Government of India has now notified the Trade Marks (Amendment) Rules, 2010 whereby the specification of goods and services has been expanded to include Classes 43, 44 and 45, says Kaur.

Class 42 previously read as follows: ‘Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services, legal services, scientific and industrial research, computer programming; services that cannot be classified in other classes.’

Upon amendment, Classes 42, 43, 44 and 45 now read as follows:

‘Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43: Services for providing food and drink; temporary accommodation.

Class 44: Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 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.’

“All new applications ought to be filed in the relevant classes of interest,” Kaur says. “In so far as existing applications and registrations are concerned, there is no official line on whether it will be possible to re-classify the same.”

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