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Within 4 Month of
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2 Month
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TM-O
Counter statement Rule 44

2 Month Renewal Post registration Sec.47 & 57, TM-O,


change/Rectification INR-2700
Evidence in support of
Rule 45 3 Month
Opposition
Accepted

2 Month
Counter statement Rule 98

2 Month
Evidence in support of
Rule 46
Application Evidence in support of Rule 45
1 Month Opposition
2 Month
Further evidence by
Rule 47
opponent Evidence in support of
Rule 46
Application
Hearing Rule 50 1 Month
Further evidence by
Rule 47
Refused opponent

Within 3 Accepted Hearing Rule 50


Month
Appeal Sect. 91 Refused
Within 3 Month
Appeal
Appropriate Sect. 91
High Court Appropriate
High Court
THE TRADE MARKS ACT, 1999
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions and interpretation.
CHAPTER II
THE REGISTER AND CONDITIONS FOR REGISTRATION
3. Appointment of Registrar and other officers.
4. Power of Registrar to withdraw or transfer cases, etc.
5. Trade Marks Registry and offices thereof.
6. The Register of Trade Marks.
7. Classification of goods and services.
8. Publication of alphabetical index.
9. Absolute grounds for refusal of registration.
10. Limitation as to colour.
11. Relative grounds for refusal of registration.
12. Registration in the case of honest concurrent use, etc.
13. Prohibition of registration of names of chemical elements or
international non-proprietary names.
14. Use of names and representations of living persons or persons
recently dead.
15. Registration of parts of trade marks and of trade marks as a series.
16. Registration of trade marks as associated trade marks.
17. Effect of registration of parts of a mark.
CHAPTER III
PROCEDURE FOR AND DURATION OF REGISTRATION
18. Application for registration.
19. Withdrawal of acceptance.
20. Advertisement of application.
21. Opposition to registration.
22. Correction and amendment.
23. Registration.
24. Jointly owned trade marks.
25. Duration, renewal, removal and restoration of registration.
26. Effect of removal from register for failure to pay fee for renewal
CHAPTER IV
EFFECT OF REGISTRATION
27. No action for infringement of unregistered trade mark.
28. Rights conferred by registration.
29. Infringement of registered trade marks.
30. Limits on effect of registered trade mark.
31. Registration to be prima facie evidence of validity.
32. Protection of registration on ground of distinctiveness in certain
cases.
33. Effect of acquiescence.
34. Saving for vested rights.
35. Saving for use of name, address or description of goods or services.
36. Saving for words used as name or description of an article or
substance or service.
CHAPTER IVA
SPECIAL PROVISIONS RELATING TO PROTECTION OF
TRADE MARKS THROUGH INTERNATIONAL
REGISTRATION UNDER THE MADRID PROTOCOL
36A. Application of Act in case of international registration under Madrid
Protocol.
36B. Definitions.
36C. Trade Marks Registry to deal with international applications.
36D. International application originating from India.
36E. International registrations where India has been designated.
36F. Effects of international registration.
36G. Duration and renewal of international registration.
THE TRADE MARKS ACT, 1999
CHAPTER V
ASSIGNMENT AND TRANSMISSION
37. Power of registered proprietor to assign and give receipts.
38. Assignability and transmissibility of registered trade marks.
39. Assignability and transmissibility of unregistered trade marks.
40. Restriction on assignment or transmission where multiple exclusive
rights would be created.
41. Restriction on assignment or transmission when exclusive rights would
be created in different
parts of India.
42. Conditions for assignment otherwise than in connection with the
goodwill of a business.
43. Assignability and transmissibility of certification trade marks.
44. Assignability and transmissibility of associated
CHAPTER VI
USE OF TRADE MARKS AND REGISTERED USERS
46. Proposed use of trade mark by company to be formed, etc.
47. Removal from register and imposition of limitations on ground of non-
use.
48. Registered users.
49. Registration as registered user.
50. Power of Registrar for variation or cancellation of registration as
registered user.
51. Power of Registrar to call for information relating to agreement in
respect of registered users.
52. Right of registered user to take proceedings against infringement.
53. No right of permitted user to take proceeding against infringement.
54. Registered user not to have right of assignment or transmission.
55. Use of one of associated or substantially identical trade marks equivalent
to use of another.
56. Use of trade mark for export trade and use when form of trade
connection changes.
CHAPTER VII
RECTIFICATION AND CORRECTION OF THE REGISTER
57. Power to cancel or vary registration and to rectify the register.
58. Correction of register.
59. Alteration of registered trade marks.
60. Adaptation of entries in register to amended or substituted classification
of goods or services.
CHAPTER VIII
COLLECTIVE MARKS SECTIONS
61. Special provisions for collective marks.
62. Collective mark not to be misleading as to character or significance.
63. Application to be accompanied by regulations governing use of
collective marks.
64. Acceptance of application and regulations by Registrar.
65. Regulations to be open to inspection.
66. Amendment of regulations.
67. Infringement proceedings by registered proprietor of collective mark.
68. Additional grounds for removal of registration of collective mark.
CHAPTER IX
CERTIFICATION TRADE MARKS
69. Certain provisions of this Act not applicable to certification trade marks.
70. Registration of certification trade marks.
71. Applications for registration of certification trade marks.
72. Consideration of application for registration by Registrar.
73. Opposition to registration of certification trade marks.
74. Filing of regulations governing use of a certification trade mark.
75. Infringement of certification trade marks.
76. Acts not constituting infringement of certification trade marks.
77. Cancellation or varying of registration of certification trade marks.
78. Rights conferred by registration of certification trade marks
THE TRADE MARKS ACT, 1999
CHAPTER X.
SPECIAL PROVISIONS FOR TEXTILE GOODS
OMITTED
79-82

CHAPTER XI
APPEALS
83. To 90 [Omitted.]
91. Appeals to High Court.
92. To 93 [Omitted.]
94. Bar to appear before Registrar.
95. To 96 [Omitted.]
97. Procedure for application for rectification, etc., before High Court.
98. Appearance of Registrar in legal proceedings.
99. To 100 [Omitted.]

CHAPTER XII
OFFENCES, PENALTIES AND PROCEDURE
101. Meaning of applying trade marks and trade descriptions.
102. Falsifying and falsely applying trade marks.
103. Penalty for applying false trade marks, trade descriptions, etc.
104. Penalty for selling goods or providing services to which false trade
mark or false trade
description is applied.
105. Enhanced penalty on second or subsequent conviction.
106. Penalty for removing piece goods, etc., contrary to section 81.
107. Penalty for falsely representing a trade mark as registered.
108. Penalty for improperly describing a place of business as connected
with the Trade Marks Office.
109. Penalty for falsification of entries in the register.
110. No offence in certain cases.
111. Forfeiture of goods.
112. Exemption of certain persons employed in ordinary course of
business.
113. Procedure where invalidity of registration is pleaded by the accused.
114. Offences by companies.
115. Cognizance of certain offences and the powers of police officer for
search and seizure.
116. Evidence of origin of goods imported by sea.
117. Costs of defence or prosecution.
118. Limitation of prosecution.
119. Information as to commission of offence.
120. Punishment of abetment in India of acts done out of India.
121. Instructions of Central Government as to permissible variation to be
observed by criminal courts.
THE TRADE MARKS ACT, 1999
CHAPTER XIII
MISCELLANEOUS
122. Protection of action taken in good faith.
123. Certain persons to be public servants.
124. Stay of proceedings where the validity of registration of the trade
mark is questioned, etc.
125. Application for rectification of register to be made to High Court in
certain cases.
126. Implied warranty on sale of marked goods.
127. Powers of Registrar.
128. Exercise of discretionary power by Registrar.
129. Evidence before Registrar.
130. Death of party to a proceeding.
131. Extension of time.
132. Abandonment.
133. Preliminary advice by the Registrar as to distinctiveness.
134. Suit for infringement, etc., to be instituted before District Court.
135. Relief in suits for infringement or for passing off.
136. Registered user to be impleaded in certain proceedings.
137. Evidence of entries in register, etc., and things done by the Registrar.
138. Registrar and other officers not compellable to produce register, etc.
139. Power to require goods to show indication of origin.
140. Power to require information of imported goods bearing false trade
marks.
141. Certificate of validity.
142. Groundless threats of legal proceedings.
143. Address for service.
144. Trade usages, etc., to be taken into consideration.
145. Agents.
146. Marks registered by an agent or representative without authority.
147. Indexes.
148. Documents open to public inspection.
149. Reports of Registrar to be placed before Parliament.
150. Fees and surcharge.
151. Savings in respect of certain matters in Chapter XII.
152. Declaration as to ownership of trade mark not registrable under the
Registration Act, 1908.
153. Government to be bound
154. Special provisions relating to applications for registration from
citizens of convention countries.
155. Provision as to reciprocity.
156. Power of Central Government to remove difficulties.
157. Power to make rules.
158. Amendments.
159. Repeal and savings.
THE SCHEDULE
THE TRADE MARKS Rule, 2017
PART I
CHAPTER I
PRELIMINARY
Rules
1. Short title and commencement.
2. Definitions.
3. Principal place of business in India
4. Appropriate office of the Trade Marks Registry
5. Jurisdiction of appropriate office not altered by change in the principal place
of business or address for service.
6. Entry of the appropriate office in the Register.
7. Transfer of pending applications and proceedings to appropriate offices of
the Trade Marks Registry.
8. Leaving of documents, etc.
9. Issue of notices etc.
10. Fees.
11. Forms.
12. Size, etc of documents.
13. Signing of documents.
14. Service of documents.
15. Particulars of address etc. of applicants and other persons.
16. Statement of principal place of business in India in the application.
17. Address for service.
18. Service of Documents by the Registrar.
19. Agency.
20. Classification of goods and service.
21. Preliminary advice by Registrar as to distinctiveness.
22. Request to Registrar for Search.
CHAPTER II
PROCEDURE FOR REGISTRATION OF TRADEMARKS
APPLICATION
23. Form and signing of application
24. Application under convention arrangement.
25. Statement of user in applications.
26. Representation of trademark.
27. Series Trademarks.
28. Transliteration and translation.
29. Names and representations of living persons or persons recently dead.
30. Name or description of goods or services on a trademark.
31. Deficiencies.
32. Acknowledgement of the Application.
33. Examination, Objection to acceptance, hearing.
34. Expedited Processing of Application.
35. Notice of withdrawal of application for registration.
36. Decision of Registrar.
37. Correction and amendment of application.
38. Withdrawal of acceptance by the Registrar.
Advertisement of Application
39. Manner of Advertisement.
40. Notification of correction or amendment of application.
41. Request to Registrar for particulars of advertisement of a trademark.
Opposition to Registration
42. Notice of Opposition.
43. Requirements of Notice of Opposition
44. Counterstatement
45. Evidence in support of opposition.
46. Evidence in support of application.
47. Evidence in reply by opponent.
48. Further evidence.
49. Translation of documents.
50. Hearing and decision
51. Security for costs.
THE TRADE MARKS Rule, 2017

Notice of Non-Completion of Registration


53. Entry in the Register.
54. Associated trademarks.
55. Death of applicant before registration.
56. Certificate of registration.
CHAPTER III
RENEWAL OF REGISTRATION AND RESTORATION
57. Renewal of registration.
58. Notice before removal of trademark from register.
59. Advertisement of removal of trademark from the register.
60. Restoration and renewal of registration.
61. Notice and advertisement of renewal and restoration.
CHAPTER IV
SPECIAL PROVISIONS RELATING TO PROTECTION OF
TRADEMARKS THROUGH THE
INTERNATIONAL REGISTRATION UNDER MADRID PROTOCOL
62. Definitions.
63. Language.
64. Issue of notices or communications etc. and response thereto.
65. International application in respect of which India is the country of origin.
66. Verification and Certification of international application in respect of
which India is the country of origin.
67. Handling fee.
68. Manner of keeping the record of international registrations where India has
been designated.
69. Examination of application under section 36E.
70. Invalidation of protection.
71. Effect of cancellation of international registration.
72. Collective and Certification Trademarks.
73. Replacement of national registration.
74. Subject to provisions of the Act, the provisions of the Madrid Protocol,
Common Regulations and Administrative Instructions shall apply in relation to
international applications originating from India and international registrations
where India has been designated
CHAPTER V
ASSIGNMENT AND TRANSMISSION
75. Application for entry of assignment or transmission.
76. Case accompanying application
77. Proof of title.
78. Impounding of Instruments.
79. Assignments involving transmission of moneys outside India.
80. Application for Registrar's direction as to advertisement of an assignment of
a trademark without goodwill of the business.
81. Application for entry of assignment without goodwill.
82. Separate registration.
83. Registrar's certificate or approval as to certain assignment and
transmissions.
84. Entry in register, of particulars of assignment.
85. Registration of assignment to a company under section 46.
CHAPTER VI
REGISTERED USER
86. Application for registration as registered user.
87. Consideration by the Registrar.
88. Hearing before refusing an application or to accept it conditionally.
89. Entry in the register.
90. Registration not to imply authorisation to transmit money outside India.
91. Communication of registration as registered user.
92. Registered proprietor's application to vary entry.
93. Cancellation of registration of registered user.
94. Power of the Registrar to call for information with respect to registered user
95. Procedure on application to vary entry or cancel registration.
96. Registered user's application.
THE TRADE MARKS Rule, 2017

CHAPTER VII
RECTIFICATION AND CORRECTION OF REGISTER ALTERATION
OR RECTIFICATION OF REGISTER
Rules
97. Application to rectify or remove a trademark from the register.
98. Further procedure.
99. Intervention by third parties.
100. Rectification of the register by the Registrar of his own motion.
Alteration or Correction in Register
101. Alteration of address in register.
102. Alteration of registered trademark.
103. Advertisement before decision and opposition etc.
104. Decision, Advertisement, Notification.
Re-classification of Goods in Respect of Existing Registration
105. Re-classification in respect of existing registration.
CHAPTER VIII
MISCELLANEOUS
106. Refusal or invalidation of registration of a trademark conflicting with a
geographical indication.
107. Single application under sub-section (2) of section 18.
108. Divisional Application.
109. Extension of time.
110. Exercise of discretionary power of Registrar.
111. Communication of decision.
112. Amendments and correction of irregularity in procedure.
113. Directions not otherwise prescribed.
114. Opinion of the Registrar under section 115(4).
Hearings
115. Hearings.
Awards of Costs by Registrar
116. Costs in uncontested cases.
117. Exception to rule 116.
118. Scale of costs.
Review of Decisions of the Registrar
119. Application for review of Registrar's decision.
Affidavit
120. Form, etc; of Affidavits.
Inspection of Documents by Public
121. Inspection of documents.
Certificates
122. Certified copies of documents.
123. Power of Registrar to notify International Non-proprietary names.
Well-Known Trademarks
124. Determination of Well Known Trademark by Registrar.
Appeal to the Intellectual Property Appellate Board
125. Time for appeal.
126. Service to the Registrar.
Certificate of Validity
127. Certificate of validity to be noted.
Return of Exhibits and Destruction of Records
128. Return of exhibits.
129. Destruction of records.
PART II
SPECIAL PROVISIONS FOR COLLECTIVE TRADEMARKS
130. Rules to apply to collective trademarks.
131. Application for registration and proceedings relating thereto.
132. Case accompanying application.
133. Examination, Hearing, Opposition, Registration, and Renewal.
134. Amendment of regulations relating to collective trademarks and renewal.
135. Removal of collective trademark
THE TRADE MARKS Rule, 2017

PART III
SPECIAL PROVISION FOR CERTIFICATION TRADEMARKS
136. Rules to apply to certification Trademarks
137. Application for registration and proceedings relating thereto.
138. Statement of case accompanying application.
139. Examination, Hearing, Opposition, Registration, and Renewal.
140. Cancellation or variation of registration of certification trademark.
141. Alteration of deposited regulations and consent of the Registrar for
assignment or transmission of certification Trademarks.
PART IV
REGISTRATION OF TRADEMARKS AGENTS
142. Register of Trademarks Agents.
143. Registration of existing registered trademarks agents, code of conduct, etc.
144. Qualifications for registration.
145. Persons debarred from registration.
146. Manner of making application.
147. Application for registration as a trademarks agent.
148. Procedure on application and qualifying requirements.
149. Certificate of registration.
150. Continuance of the name in the register of Trade Marks Agents.
151. Removal of agent's name from the register of Trade Marks agents.
152. Power of Registrar to refuse to deal with certain agents.
153. Restoration of removed names.
154. Alteration in the register of Trademarks Agents.
155. Publication of the register of trademarks agents.
156. Appeal.
Part V
Language of the Trade Marks Registry
157. Language of the Trade Marks Registry.
PART VI
REPEAL
158. Repeal
NICE CLASSIFICATION - 12 Edition, Version 2024
Class 1 Class 20
Chemicals for use in industry, science and photography, as well as in agriculture, horticulture Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked
and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber
prevention compositions; tempering and soldering preparations; substances for tanning animal Class 21
skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, Household or kitchen utensils and containers; cookware and tableware, except forks, knives
fertilizers; biological preparations for use in industry and science. and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles
Class 2 for cleaning purposes; unworked or semi-worked glass, except building glass; glassware,
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; porcelain and earthenware.
colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and Class 22
powder form for use in painting, decorating, printing and art. Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails;
Class 3 sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and
essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing substitutes therefor.
and abrasive preparations. Class 23
Class 4 Yarns and threads for textile use.
Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; Class 24
fuels and illuminants; candles and wicks for lighting. Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Class 5 Class 25
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical Clothing, footwear, headwear.
purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; Class 26
dietary supplements for human beings and animals; plasters, materials for dressings; material Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins
for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, and needles; artificial flowers; hair decorations; false hair.
herbicides. Class 27
Class 6 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall
Common metals and their alloys, ores; metal materials for building and construction; hangings, not of textile.
transportable buildings of metal; non-electric cables and wires of common metal; small items Class 28
of metal hardware; metal containers for storage or transport; safes. Games, toys and playthings; video game apparatus; gymnastic and sporting articles;
Class 7 decorations for Christmas trees.
Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; Class 29
machine coupling and transmission components, except for land vehicles; agricultural Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and
implements, other than hand-operated hand tools; incubators for eggs; automatic vending vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products;
machines. oils and fats for food.
Class 8 Class 30
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors. Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and
Class 9 preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream,
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, sorbets and other edible ices; sugar, honey, treacle; yeast, baking powder; salt, seasonings,
optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).
apparatus and instruments; apparatus and instruments for conducting, switching, transforming, Class 31
accumulating, regulating or controlling the distribution or use of electricity; apparatus and Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and
instruments for recording, transmitting, reproducing or processing sound, images or data; unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and
recorded and downloadable media, computer software, blank digital or analogue recording and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and
storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; beverages for animals; malt.
computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, Class 32
nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices;
swimming; fire-extinguishing apparatus. syrups and other preparations for making non-alcoholic beverages.
Class 10 Class 33
Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and Alcoholic beverages, except beers; alcoholic preparations for making beverages.
teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for Class 34
persons with disabilities; massage apparatus; apparatus, devices and articles for nursing Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers
infants; sexual activity apparatus, devices and articles. for smokers; smokers' articles; matches.
Class 11 Class 35
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, Advertising; business management, organization and administration; office functions.
ventilating, water supply and sanitary purposes. Class 36
Class 12 Financial, monetary and banking services; insurance services; real estate services.
Vehicles; apparatus for locomotion by land, air or water Class 36
Class 13 Financial, monetary and banking services; insurance services; real estate services.
Firearms; ammunition and projectiles; explosives; fireworks. Class 37
Class 14 Construction services; installation and repair services; mining extraction, oil and gas drilling.
Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and Class 38
chronometric instruments. Telecommunications services.
Class 15 Class 39
Musical instruments; music stands and stands for musical instruments; conductors' batons. Transport; packaging and storage of goods; travel arrangement.
Class 16 Class 40
Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office Treatment of materials; recycling of waste and trash; air purification and treatment of water;
requisites, except furniture; adhesives for stationery or household purposes; drawing materials printing services; food and drink preservation.
and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films Class 41
and bags for wrapping and packaging; printers' type, printing blocks. Education; providing of training; entertainment; sporting and cultural activities.
Class 17 Class 42
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for Scientific and technological services and research and design relating thereto; industrial
all these materials; plastics and resins in extruded form for use in manufacture; packing, analysis, industrial research and industrial design services; quality control and authentication
stopping and insulating materials; flexible pipes, tubes and hoses, not of metal. services; design and development of computer hardware and software.
Class 18 Class 43
Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas Services for providing food and drink; temporary accommodation.
and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for Class 44
animals Medical services; veterinary services; hygienic and beauty care for human beings or animals;
Class 19 agriculture, aquaculture, horticulture and forestry services.
Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; Class 45
asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal. Legal services; security services for the physical protection of tangible property and
individuals; dating services, online social networking services; funerary services; babysitting.
Vienna Classification (9th Edition) – Table of Categories and Divisions

Category 1. Category 20.


Celestial bodies, natural phenomena, geographical maps Writing, drawing or painting materials, office requisites, stationery and
Category 2. booksellers’ goods
Human beings Category 21.
Category 3. Games, toys, sporting articles, roundabouts
Animals Category 22.
Category 4. Musical instruments and their accessories, music Accessories, bells, pictures,
Supernatural, fabulous, fantastic or unidentifiable beings sculptures
Category 5. Category 23.
Plants Arms, ammunition, armour
Category 6. Category 24.
Landscapes Heraldry, coins, emblems, symbols
Category 7. Category 25.
Constructions, structures for advertisements, gates or Barriers Ornamental motifs, surfaces or backgrounds with Ornaments
Category 8. Category 26.
Foodstuffs Geometrical figures and solids
Category 9. Category 27.
Textiles, clothing, sewing accessories, headwear, Footwear Forms of writing, numerals
Category 10. Category 28.
Tobacco, smokers’ requisites, matches, travel goods, Fans, toilet articles Inscriptions in various characters
Category 11. Category 29.
Household utensils Colours
Category 12.
Furniture, sanitary installations
Category 13.
Lighting, wireless valves, heating, cooking or Refrigerating equipment,
washing machines, drying Equipment
Category 14.
Ironmongery, tools, ladders
Category 15.
Machinery, motors, engines
Category 16.
Telecommunications, sound recording or reproduction, Computers,
photography, cinematography, optics
Category 17.
Horological instruments, jewelry, weights and measures
Category 18.
Transport, equipment for animals
Category 19.
Containers and packing, representations of Miscellaneous products
Category 20.
Writing, drawing or painting materials, office requisites, stationery and
booksellers’ goods
GENERAL NOTES Vienna Classification (9th Edition)
(a) Figurative elements should be placed in the different categories, divisions and sections on the basis of their shape, regardless of their material composition or
the purpose of the object in which they are incorporated. Consequently, toys in the form of dolls, animals and vehicles are placed in the categories for human
beings, animals and vehicles, respectively. Similarly, persons, animals or objects of any kind represented in pictures or sculptures, for instance, are placed in the
categories for human beings, animals, or the objects concerned. If the pictures or sculptures are widely known and famous, they should also be placed in the
division provided for that purpose (division 22.5).
(b) The representation of an object forming part of another object should be classified under the same category, division and section as the object of which it
forms part, unless expressly classified in another category, division and section. Thus, the bodywork of a motor vehicle is placed in sections 18.1.7 and A 18.1.9,
as are motor vehicles, whereas the tyres, wheels or steering wheel of such a vehicle are placed in section 18.1.21, expressly intended for these parts of motor
vehicles.
(c) If a figurative element is presented in such a way that it is not possible to determine clearly whether it belongs to a given division or section, it should be
placed in both divisions or sections, unless there is a special note to the contrary. If, for example, the representation of a human being is not such that it can be
clearly determined whether it is a man or a woman, it is placed in both of the divisions 2.1 and 2.3.
(d) The representation of an object or of a living creature similar to that of an object or of a living creature mentioned in the text of a given section is placed in that
section even if it is not expressly mentioned there or in any other section.
(e) It is understood that, if a mark comprises several figurative elements, each of which having its own distinctive characteristic and being classified in a different
category, division and section, these figurative elements should be placed in the appropriate different categories, divisions and sections. Thus, the label of a bottle
comprising the representation of a castle and a characteristic form of writing is placed in the appropriate divisions and sections of categories 7 and 27; in the same
way, the representation of a man in uniform, on horseback and playing a trumpet, is placed in the three sections 2.1.2, 2.1.20 and 2.1.9.

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