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06.12.2010 15:03

India: New service classes 43, 44 and 45 are included in the Indian classification

Please be informed that now a trademark application can be filed from class 1 to class 45 which would conform to the NICE classification.

By: RA Jens Liesegang

As per notification of the Government of India, new service classes 43, 44 and 45 are included in the Indian classification.

Accordingly, as per the Public Notice of the Indian Trademarks Registry, the registered trademarks shall be deemed to have been validly made for irrespective of the services covered by such registration falling in any of the classes 42 to 45.

The renewal of your marks (registered prior to this notification) will also be made in the same class and would provide same remedies under the Act, as if the said registration/renewal is made in the corresponding class/classes.

In case where the application has been examined in class 42 and has been objected and on consideration of the reply to the objection or on hearing the matter, if the same found acceptable, such cases will be reexamined to determine the relevant class under which the service sought to be covered by the registration.

Therefore, in case of reexamination, if the services covered by the application fall under the same or other classes, the Examiner will notify the applicant either to restrict the services falling in a particular class for which the application has been made or to file a request in the prescribed manner along with the requisite fee for dividing the application in one or more classes.

We are attaching herewith the ‘PUBLIC NOTICE’ of the Indian Trademarks Registry to the affect for your kind reference.

Public_Notice.pdf99 K

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