Introduction to Trademark 44
Trademark Class 44 represents the domain of care and transformation, encompassing services related to health and beauty. It acts as a haven for health and aesthetics, offering services that span from medical diagnostics and treatments to beauty enhancements and self-care. From healing medical treatments to confidence-boosting beauty services, this class is where science meets aesthetics.
This class includes a wide range of services such as Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture, and forestry services designed to promote well-being, restore vitality, and improve appearance. It mainly includes medical care, including alternative medicine, hygienic and beauty care given by persons or establishments to human beings and animals, as well as services relating to the fields of agriculture, aquaculture, horticulture, and forestry.
Let us discuss the products covered under Trademark Class 44 briefly:
a. Medical services – This covers Diagnosis, treatment, and care provided by doctors, hospitals, and clinics.
Example: Apollo Hospitals is a renowned healthcare provider offering a wide range of medical services.
b. Hygienic and beauty care – This covers services provided by salons, spas, and beauty professionals, including skin care, hair care, and cosmetic treatments.
Example: Lakmé Salon is a leading beauty salon brand offering a range of beauty and grooming services.
c. Dental services – This includes dentists and other oral care professionals providing treatment and care.
Example: Clove Dental is one of the largest dental chains in India, providing a wide range of dental care services.
d. Agriculture, horticulture, and forestry services – This includes services related to farming, plant cultivation, and forest management.
Example: Mahindra Agribusiness being part of Mahindra Group, offers agricultural solutions including crop protection and farm management.
e. Plastic surgery and cosmetic treatments – This covers services aimed at altering or enhancing physical appearance.
Example: Dr. Batra’s is a famous brand that provides cosmetic and skin care treatments using homeopathic methods.
Inclusions and Exclusions under Trademark Class 44
Trademark Class 44 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 44:
✔ Hospital services
✔ Telemedicine services
✔ Dentistry, optometry and mental health services.
✔ Medical clinic services and medical analysis services for diagnostic and treatment purposes provided by medical laboratories, such as x-ray examinations and taking of blood samples.
✔ Therapy services, for example, physiotherapy and speech therapy.
✔ Pharmacy advice and preparation of prescriptions by pharmacists.
✔ Blood bank and human tissue bank services.
✔ Convalescent home and rest home services.
✔ Dietary and nutritional advice.
✔ Health spa services
✔ Artificial insemination and in vitro fertilization services.
✔ Animal breeding
✔ Animal grooming
✔ Body piercing and tattooing
✔ Services relating to gardening, for example, plant nursery services, landscape design, landscape gardening, and lawn care.
✔ Services relating to floral art, for example, flower arranging, and wreath making.
✔ Weed killing, vermin, and pest control for agriculture, aquaculture, horticulture, and forestry.
Specific Exclusions in Trademark Class 44:
✘ Vermin and pest control, other than for agriculture, aquaculture, horticulture, and forestry (Class 37).
✘ Installation and repair services for irrigation devices (Class 37).
✘ Ambulance transport (Class 39).
✘ Slaughtering of animals and taxidermy (Class 40).
✘ Timber felling and processing (Class 40).
✘ Animal training services (Class 41).
✘ Health clubs for physical exercise (Class 41).
✘ Scientific research services for medical purposes (Class 42).
✘ Boarding for animals (Class 43).
✘ Retirement homes (Class 43).
✘ Funerary undertaking (Class 45).
Steps involved in registering Trademark under Class 44
Initial Trademark Search for Trademark Class 44
Before starting with the registration process under Trademark Class 44, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 44. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 44
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 44
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 44
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 44. This certificate confirms your exclusive rights to the mark within Trademark Class 44.
Detailed List of goods classified under Trademark Class 44
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Conclusion on Trademark Class 44
Trademark Class 44 covers a wide range of services focused on personal care, health, and beauty including medical services, veterinary services, hygienic and beauty care for human beings or animals, agriculture, horticulture, and forestry services. As medical and beauty practices advance and individuals focus more on well-being and self-care, proper classification and trademark protection under Class 44 are crucial for establishing brand recognition and earning the trust of customers.
For businesses operating in Medical, Veterinary, and Agricultural Services, securing a trademark in Class 44 is essential to distinguishing themselves in a competitive market and symbolizes the brand’s dedication to delivering quality care, wellness, and aesthetics. To explore other trademark classes, refer to the “Trademark Class List” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.
