Classification of goods or services

(1) For the purposes of the registration of trade marks, goods and services shall be classified in the manner specified in the Fourth Schedule.

(2) The goods and services specified in the Fourth Schedule only provide a means by which the general content of numbered international classes can be quickly identified. It corresponds to the major content of each class and are not intended to be exhaustive in accordance with the international classification of goods and services. For determining the classification of particular goods and services and for full disclosure of the content of international classification , the applicant may refer to the alphabetical index of goods and services, if any, published by the Registrar under section 8 or the current edition of the International Classification of Goods and Services for the purpose of Trademark Registration in Erode published by the World Intellectual Property Organisation or subsequent edition as may be published.

(3) The Registrar shall identify and include in the alphabetical index of classification of goods and services, as far as practicable, goods or services of Indian origin.

Request to Registrar for search

(1) Any individual may demand the Registrar, in Form TM-54 to make a pursuit be made in regard of an exchange mark identifying with determined products or administrations ordered in any one class in the Fourth Schedule to learn whether any imprint is on record which looks like the exchange mark regard of which the solicitation is made. The Registrar will make such hunt be made and the outcome thereof imparted conventionally to the individual creation the solicitation inside thirty days of the receipt of such solicitation: 

Given, that the Registrar will cause a facilitated search report to be given customarily inside seven working days on a solicitation in Form TM-71 on installment of multiple times the standard expenses for such pursuit. 

(2) If, inside a quarter of a year from the date of correspondence of the consequence of the inquiry aforementioned, an application is made for the enlistment of the exchange mark question and the Registrar takes protest on the ground that the imprint takes after an imprint, which was not unveiled in the hunt yet was on record on the remainder of the dates on which the pursuit was made, the candidate will be entitled, on pulling out of withdrawal of the application inside the period referenced in rule 39, to have reimbursed to him any expense paid on the documenting of the application. 

(3) Any individual may demand the Registrar, in Form TM-60 to make a quest be made and for issue of testament under sub-area (1) of segment 45 of Copyright Act, 1957 (14 of 1957) such that no exchange mark indistinguishable with or misleadingly like such imaginative work, as tried to be enlisted as copyright under the Copyright Act, 1957 (14 of 1957) has been enrolled as an exchange mark under the Trade Marks Act, 1999(47 of 1999) for the sake of, or that no application has been made under that Act for such re-enrollment by any individual other than the candidate. The declaration will customarily be given inside thirty working days of the date of solicitation: 

Given, be that as it may, the Registrar may require an announcement of necessities from the candidate and if the prerequisites are not gone along inside two months from the date of such calling of the announcement, the solicitation in Form TM-60 might be treated as relinquished. 

(4) The Registrar may drop the endorsement gave under sub-rule (3) subsequent to pulling out and expressing the grounds on which the Registrar proposes to drop the authentication and in the wake of giving sensible chance of being heard. 

(5) Subject to stipulation to sub-rule 3 or sub-rule 4, the Registrar will normally inside seven working days issue an assisted pursuit endorsement under sub-area (1) of segment 45 of the Copyright Act, 1957 (14 of 1957) on a solicitation got in Form TM-72 on installment of multiple times the customary charge for such inquiry. 

(6) Before surrendering the solicitation in Form TM-60 or TM-72, by and large, for rebelliousness of the announcement of prerequisites when required, the Registrar will offer a chance of being heard in the issue http://www.trademarkregistrationconsultants.in.