Introduction to Trademark 45
Trademark Class 45 emerges as the protector of personal security and legal integrity. It represents the domain of protection and justice, encompassing services focused on personal safety, legal representation, and maintaining societal order. From helping individuals protect their rights to upholding the principles of fairness and equity, this class serves as a pillar of strength and assurance.
This class includes a wide range of services such as Legal services; security services for the physical protection of tangible property and individuals; dating services, online social networking services; funerary services; and babysitting that protect individuals, support communities, and ensure the sanctity of justice. It mainly includes legal and security services, as well as certain personal and social services rendered by others to meet the needs of individuals.
Let us discuss the products covered under Trademark Class 45 briefly:
a. Legal Consultation and Advice: This covers services such as Legal advice, representation, and litigation that provide legal guidance and insights to individuals and businesses.
Example: Registration Arena is India’s leading online platform for legal assistance, founded and led by Chandan Todi who is an entrepreneur at heart, a Company Secretary, and a Registered Trademark Agent by profession.
b. Security services: This covers personal and property protection, such as security guards, surveillance, and monitoring.
Example: Aegis Security offers comprehensive security solutions, including manned guarding, electronic surveillance, and crisis management.
c. Social services: This includes personal services rendered to meet the needs of individuals, such as marriage counseling, adoption services, and social networking.
Example: Bharat Matrimony is a leading matrimonial service that provides tailored matchmaking services based on community, region, and other preferences.
d. Investigation and Surveillance Services: This covers services that gather information and evidence for legal or personal purposes such as background checks and private investigation services.
Example: AuthBridge specializes in background verification services, including employee screening, identity verification, and fraud detection.
e. Funeral services: This covers Funeral planning, cremation services, Arrangements, and other related services.
Example: Noble Sparrows is a company specializing in providing compassionate and personalized funeral services.
Inclusions and Exclusions under Trademark Class 45
Trademark Class 45 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 45:
✔ Arbitration and mediation services.
✔ Registration of domain names.
✔ Legal and regulatory compliance auditing services.
✔ Investigation and surveillance services relating to the physical safety of individuals and security of tangible property, for example, guard services, detective agency services, personal background investigations, and security screening of baggage.
✔ Services provided to individuals in relation to social events, such as chaperoning, planning, and arranging wedding ceremonies.
✔ Conducting religious ceremonies, and burial services.
✔ Pet sitting, and dog walking services.
✔ Clothing rental.
Specific Exclusions in Trademark Class 45:
✘ Certain rental services rendered by others to meet the needs of individuals, where the services provided by means of the rented objects belong to another class, for example, rental of apartments (Class 36), car rental (Class 39), rental of temporary accommodation (Cl. 43).
✘ Escorting of travellers (Class 39).
✘ Secure transport, for example, guarded transport of valuables, and armoured car transport (Class 39).
✘ Party planning (Class 41).
✘ Services consisting of all forms of education, including religious education (Class 41).
✘ Services having the basic aim of the entertainment, amusement, or recreation of people (Class 41).
✘ Computer and internet security consultancy and data encryption services (Class 42).
✘ Providing medical, hygienic, or beauty care for human beings or animals (Class 44).
Steps involved in registering Trademark under Class 45
Initial Trademark Search for Trademark Class 45
Before starting with the registration process under Trademark Class 45, 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 45. 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 45
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 45
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 45
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 45. This certificate confirms your exclusive rights to the mark within Trademark Class 45.
Detailed List of goods classified under Trademark Class 45
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Conclusion on Trademark Class 45
Trademark Class 45 covers a wide range of services related to legal advice and representation, security for personal and property protection, social assistance such as matchmaking and counseling, personal background investigations, and funeral planning. As legal landscapes change and personal needs expand, proper classification and trademark protection under Class 45 is crucial for building credibility and establishing trust.
For businesses operating in Legal, Security, and Social Services, securing a trademark in Class 45 is essential to distinguish themselves in a competitive market and symbolize the brand’s dedication to protecting rights, maintaining justice, and ensuring personal well-being. 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.
