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Exercise No. 1: A. Relevant Classes Under Nice Classification

The document discusses two exercises related to trademark registration. Exercise 1 discusses relevant classes under the Nice Classification for goods and services related to educational materials and services. These include Class 9 for educational software/media, Class 16 for printed educational materials, Class 18 for school backpacks, Class 25 for school uniforms, Class 38 for educational audio/video broadcasting, Class 39 for school bus services, and Class 41 for educational services. Exercise 2 indicates that the mark "MINDEDFUL" could be registered as a multiclass application covering Class 38 for telecommunication services and Class 42 for scientific/technological research and software development services. It recommends filing separate applications to protect the mark in case of opposition proceedings.

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78 views3 pages

Exercise No. 1: A. Relevant Classes Under Nice Classification

The document discusses two exercises related to trademark registration. Exercise 1 discusses relevant classes under the Nice Classification for goods and services related to educational materials and services. These include Class 9 for educational software/media, Class 16 for printed educational materials, Class 18 for school backpacks, Class 25 for school uniforms, Class 38 for educational audio/video broadcasting, Class 39 for school bus services, and Class 41 for educational services. Exercise 2 indicates that the mark "MINDEDFUL" could be registered as a multiclass application covering Class 38 for telecommunication services and Class 42 for scientific/technological research and software development services. It recommends filing separate applications to protect the mark in case of opposition proceedings.

Uploaded by

Rahul Gupta
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Exercise No.

1
A. Relevant Classes under Nice Classification:

Goods:
1. Class 9 – computer software, CDs, DVDs VCRs for teaching purpose and
recording the classes.
2. Class 16- Paper and cardboard; printed matter; bookbinding material;
photographs; stationery and office requisites, text books, note books.
3. Class 18- School Backpacks and umbrellas.
4. Class 25- School Uniform.
Services:
i. Class 38- Educational Audio and Video broadcasting and other
communication networks.
2. Class 39- School Bus services
3. Class 41- services rendered by persons or institutions in the development of the mental
faculties of persons or animals, as well as services intended to entertain or to engage the
attention.

Exercise No. 2
Correct Class for the Mark “MINDEDFUL”
The mark MINDEDFUL shall fall under the following classes:
A. Class 38- Telecommunication
B. Class 42- Scientific and technological services and research and design relating thereto;
industrial analysis and industrial research services; design and development of computer
hardware and software.

Identification and preparation of the correct form for the mark and also whether the application
will be single class or multiclass?
The Mark “MINDEDFUL” can be registered as a multiclass application as per
the Trademark Rules, 2017. But, it is advisable to file two different application to
save the mark in case mark get stuck in Opposition proceedings.
FORM TM-A
The Trade Marks Act, 1999
Application for registration of a trademark

1. NATURE OF THE APPLICATION: Standard Trademark


[(a) The applicant must choose either of the following categories-
1. Standard trademark, 2. Collective Mark, 3. Certification Mark, 4. Series Marks
Standard trademark here means an application for registration of a trademark not being a Collective or Certification trademark or
Series of marks
(b) In case of Collective Mark or Certification Mark the draft regulations with form TM-M must be submitted.]
2. Whether application filed as (Please choose and specify) Others
In case of startup/ Small Enterprise, requisite certificate should be provided.
FEE: 5000
3. APPLICANT
Name: * Mr. XYZ ( Managing Director)
Trading as: M/s Intellect Minds Pvt Ltd.
Address:* M/s Intellect Minds Pvt Ltd.,
Delhi, India.
[ This address should be the address of the applicant's principal place of business in India]
Address for service: M/s Intellect Pvt. Ltd., Delhi, India.

[(a) Unless otherwise specifically stated, the applicant's address shall be the address for service of the applicant who has principal
place of business in India.
(b) The address for service in India must be provided, in case the applicant does not carry business in India]
Mobile No.: XXXXXXXXXXX
E-mail address*: [email protected]
Nature of the applicant: Body Incorporated Pvt. Ltd.
[The applicant must choose either of the following categories-
1. Individual, 2. Partnership Firm, 3. Body-incorporate including Private Limited/limited Company, 4. Limited Liability Partnership,
5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9. Association of persons 10. Hindu Undivided Family
4. APPLICANT'S AGENT (if any): NA
Name*:
Address*:
[In case of authorization of agent, the address of the agent may be mentioned
as the applicant's address for service]
Mobile No.* :
E-mail address*:
Nature of the Agent:
[The applicant must choose either of the following categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
Registration No.:

5. TRADEMARK: MINDEDFUL
Category of mark: Wordmark
[The applicant must choose either of the following categories-
1. Word mark (it includes one or more words, letters, numerals or anything written in standard character), 2. Device mark (it
includes any label, sticker, monogram, logo or any geometrical figure other than word mark), 3. Colour (when the distinctiveness is
claimed in the combination of colours with or without device), 4. Three dimensional trademark (it includes shape or packaging of
goods), 4. Sound
Description of the mark: MINDEDFUL
[(a) Description of mark must be provided in terms of Rule 26.
(b) In case of trademarks submitted in specific combination of colours other than black and white, it shall be presumed that the
distinctiveness of the mark is claimed in that combination of colours and application will be considered accordingly.
(c) In case of colour marks the description may be like “The trade mark consists of three vertical stripes in the colours PURPLE,
GREEN and YELLOW applied to the fascias of buildings and to doors as shown in the representation of the mark."
(d) In case of sound marks representation of specific musical notes must be submitted at the place provided for the trademark. The
applicant is also required to submit sound clipping in MP3]
6. IF MARK IN A LANGUAGE OTHER THAN HINDI OR ENGLISH: NA
Language:
Transliteration of the mark in roman script:
[Transliteration of the mark in roman script must be provided in case the mark is in a language other than Hindi or English
Translation of the mark in English:
[Translation of the mark in English must be provided in case the mark is in a language other than Hindi or English

7. Conditions or Limitations to use the trademark, if any NA


8. CLASS OF GOODS OR SERVICE: DESCRIPTION OF GOODS AND SERVICE:
42 C. Scientific and technological
services and research and
design relating thereto;
industrial analysis and
industrial research services;
design and development of
computer hardware and
software.

9. STATEMENT AS TO USE OF MARK:


[ ] The mark is used by the applicant or its
predecessor in title
Since…………XX/XX/XXXX……………………….
in respect of
all the goods and/or service mentioned in the
application.
[(a) The applicant must select either of the above
(b) The date of use must be given in the format (DD/MM/YYYY) and shall refer to all items mentioned in the application.
(c) In case the use of the Trade Mark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such
use along with supporting documents
(d ) The statement as to use of the mark once made shall be final]
10. PRIORITY CLAIM, IF ANY:
Priority claimed since XX/XX/XXXX
Priority claim based on application filed in the Convention Country or NIL
organization
Priority Application No. NIL
[The priority must be claimed in respect of all goods and services mentioned in the application]

11. ANY OTHER IMPORTANT INFORMATION OR STATEMENT: NIL


[Applicant may provide here any other information or statement in relation to his application]
12. VERIFICATION: I hereby verify that above mentioned facts are true
and correct to best of my knowledge and belief.
13. DETAIL OF THE PERSON SUBMITTING THE APPLICATION:
Signature: Sign here
Name: Mr. XYZ
Authority: Managing Director, M/s Intellect Pvt. Ltd.

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