Introduction to Trademark 42
Trademark Class 42 represents the domain where technology, research, and innovation come together to shape the future. It is the center of innovation, offering a variety of services that help industries grow and advance human knowledge. From software design and development to scientific research and consulting, this class serves as the foundation of innovation in a constantly changing world.
This class includes a wide range of services such as Scientific and technological services and research and design relating thereto; industrial analysis, industrial research, and industrial design services; quality control and authentication services; design and development of computer hardware and software that fuel technological progress, scientific discovery, and effective problem-solving. It mainly includes services provided by persons in relation to the theoretical and practical aspects of complex fields of activities, for example, scientific laboratory services, engineering, computer programming, architectural services, or interior design.
Let us discuss the products covered under Trademark Class 42 briefly:
a. Software Development and Design: This covers services focused on creating and enhancing software solutions for various uses.
Example: Tata Consultancy Services (TCS) is known for IT services, software development, and consulting solutions.
b. Research and Development Services: This includes services that promote scientific research and development across multiple industries.
Example: Wipro invests in R&D for IT services, software solutions, and digital transformation.
c. Computer services: This includes cloud computing, hosting, and cybersecurity.
Example: Amazon Cloud is a well-known brand for cloud computing services provided by Amazon.
d. Technology Consulting: This includes services that offer expert guidance on technology adoption and implementation.
Example: Accenture provides a wide range of technology consulting services, including IT strategy, digital transformation, and technology solutions.
e. Website hosting: This includes maintenance of websites and data on third-party servers.
Example: Bluehost India is known for its shared hosting, VPS hosting, and WordPress hosting services.
Inclusions and Exclusions under Trademark Class 42
Trademark Class 42 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 42:
✔ Services of engineers and scientists who undertake evaluations, estimates, research, and reports in the scientific and technological fields, including technological consultancy.
✔ Computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information, for example, computer virus protection services, data encryption services, and electronic monitoring of personally identifying information to detect identity theft via the internet.
✔ Software as a service (SaaS), platform as a service (PaaS).
✔ Scientific research services for medical purposes.
✔ Architectural and urban planning services.
✔ Certain design services, for example, industrial design, design of computer software and systems, interior design, packaging design, graphic arts design, and dress designing.
✔ Surveying (engineering)
✔ Oil, gas, and mining exploration services.
Specific Exclusions in Trademark Class 42:
✘ Certain research services, for example, business research (Class 35), marketing research (Class 35), financial research (Class 36), research in the field of education (Class 41), genealogical research (Class 45), and legal research (Class 45).
✘ Business auditing (Class 35).
✘ Computerized file management (Class 35).
✘ Financial evaluation services (Class 36).
✘ Mining extraction, oil and gas drilling (Class 37).
✘ Installation, maintenance, and repair of computer hardware (Class 37).
✘ Sound engineering services (Class 41).
✘ Certain design services, for example, landscape design (Class 44).
✘ Medical and veterinary services (Cl. 44).
✘ Legal services (Class 45).
Steps involved in registering Trademark under Class 42
Initial Trademark Search for Trademark Class 42
Before starting with the registration process under Trademark Class 42, 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 42. 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 42
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 42
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 42
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 42. This certificate confirms your exclusive rights to the mark within Trademark Class 42.
Detailed List of goods classified under Trademark Class 42
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Conclusion on Trademark Class 42
Trademark Class 42 covers services in the fields of science, technology, and computer-related services including various professional and technical services, particularly those that involve computer systems, software, scientific research, and engineering. As technology advances and research explores new frontiers, proper classification, and trademark protection under Class 42 is crucial for establishing brand recognition, trust, and expertise.
For businesses operating in Scientific and Technological Services, securing a trademark in Class 42 is essential to distinguish themselves in a competitive market and symbolize the brand’s dedication to innovation, accuracy, and technological progress. 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.
