Single class or Multi Class trademark application in India?

I wish there was an easy answer. Unfortunately, there isn’t. Indian Trademarks Law allows filing of multi class applications. If you are using a counsel you may be advised by your counsel to file single class applications, not because he wants to bill you more; because the benefits of single class application outweighs the few bucks saved by filing a multi class application.

Official fee remains the same

Even if the application is filed as a multi class application the official fee remains the same as the Indian Trademark Office charges approximately USD 150 per class (or USD 75 if the applicant is an individual, small enterprise, or startup).

Opposition filed against one class stalls the entire application

When an opposition is filed by a third party against any one of the classes, the other classes in the same application are stalled from proceeding towards registration. A divisional application would have to be filed to divide the other unopposed classes so that they can proceed to registration.

Divisional application – Costs and timeline

Even though it sounds easy, filing a divisional application not only incurs additional costs but also consumes a lot of time. At present the Indian Trademark Office allots separate application numbers for the divided classes, but does not process these divided applications. The purpose of allowing the classes which are not opposed or objected to proceed further towards registration is defeated.

If you are filing your own trademark applications it is highly recommended that you file single class applications, unless you are certain that there would be no opposition. If you are engaging a counsel it is advisable to reach out to them and request a special fee for filing single class applications in multiple classes and many of them would be happy to extend you the special price.