The idea behind the trademark classification system is to specify and limit the extension of the intellectual property right to determine which goods or services are covered by the mark and to use standard classification systems around the world. Mainly trademark classification serves two important functions:
NICE classification is a summary of goods and services that have been classified into different classes. The classification scheme covers 45 classes: 34 classes for products and 11 classes for services. The reasons why NICE Classification is important are:
Also Read: How to select a Trademark Class
Yes, you can register the same name which is already registered but in a different class. But in the case of well-known marks, you cannot apply for registration in any class.
For example, if a company is selling laptops under the brand name of ‘Rell’, and only selling computer and software products using this trademark, which is covered under Class 9 of TM Classes. Then he is liable to protection against goods covered in Class 9 only i.e., if any other company wants to sell footwear using the same brand name of Rell then it will not be considered an infringement as footwear has no relation with Computer software hence a trademark for Computer software cannot be confused with identification mark used for footwear as well.
But this scenario is different in case of well-known marks, as for example well-known mark of McDonald’s, even if McDonald’s trademark is only used to represent services for providing food and drink which come under Class 43, this trademark cannot be used by any other business without the consent of McDonald’s proprietors because of the popularity of the brand worldwide.