Is it advisable to file trade mark applications in all the 34 classes for a simple mark but used in a particular type of goods?
Normally it is not advisable to file trade mark applications in all the 34 classes,m when you are using the trade mark for particular type of goods on;ly in a specific class.As it is rightly observed by the Supreme Court of India in a case Vishnudas -Vs- Vazir Sultan Tobacco Co Ltd , reported in AIR 1996 SC 2275 i) “…………..if a trader or manufacturer actually trades in or manufactures only one or some of the articles coming under a broad classification and such trader or manufacturer has no bonafide intention to trade in or manufacture other goods or articles which also fall under the said broad classification, such trader or manufacturer should not be permitted to enjoy monopoly in respect of all the articles which may come under such broad classifications and by that process preclude the other traders or manufacturers to get registration of separate distinct goods which may also be grouped under the broad classification. ii) If registration has been given generally in respect of all t
