Class 45 is unique from other trademark classes because it mainly covers legal and personal services. Most classes of trademarks either focus on goods or tangible services; however, Class 45 covers services relating to the law, security, and person. For businesses offering legal services, security services, and other personal services, obtaining registration under Trademark Class 45 is vital for guarding their brand and ensuring an exclusive market position.
This article goes into depth about the meaning of Trademark Class 45, what kinds of services fall under this class and what do not.
What is Trademark Class 45?
Trademark Class 45 falls under one of the 45 classes in the NICE Classification System, a worldwide system to classify trademarks based on their goods and services. Class 45 contains service-related trademarks not associated with any product, but legal, security, and personal services.
This class is important for businesses that offer service activities, such as legal representation, security management, and personal care or consulting. By registering their marks in Class 45, they are able to protect their intellectual properties from others who might end up using their names or marks in a manner likely to cause confusion.
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Services Included in Trademark Class 45:
Class 45 has a wide scope of legal, security, and personal services. Here are the primary classes of services contained:
1. Legal Services
This involves all services associated with the profession of law. Examples include;
Legal representation in courts
Drafting of legal documents (contracts, wills, patents, etc.)
Legal consultancy and advisory services
Intellectual property law services (trademark registration, patent law)
Criminal defence, corporate law, and family law services
Notary services and arbitration services
2. Security Services
Class 45 also encompasses a broad range of security-related services, such as:
Personal security services (bodyguards, security escorts)
Security services for physical locations (guarding buildings, access control)
Monitoring services (surveillance, alarm systems)
Protection of property and individuals from theft, damage, or other risks
3. Personal and Social Services
These services offer individual support or improve the quality of life for personal and social needs, including:
Personal concierge services (errands, travel arrangements, event planning)
Dating and matchmaking services
Funeral services and arrangements
Mediation services for marriage counselling and social work
Social welfare services
4. Alternative Dispute Resolution
These comprise services that will help settle cases outside the courtroom. These include
Consulting services for conflict resolution
5. Online and Digital Security Services
Those services that fall under Class 45 to protect online information and cyber threats. For instance,
Data protection services
Fraud prevention
Identity theft and consultation services
6. Personal Legal Representation
Those personal legal services, such as
Family law (divorce, child custody issues)
Employment law (conflicts between employees and employers)
Also, Get to Know What are the Relative grounds for refusal of Trademark Registration under Section 11 of the Trade Marks Act, 1999
Services Not Covered in Class 45
Though class 45 encompasses most types of legal, security, and personal services, there are various services that do not feature in this class. Their nature may classify them to other classes. Some services which do not fall under this class 45 are:
Financial Services:
Class 45 does not include services related to financial transactions, investment advisory, or banking services. They are largely classified under Class 36 (financial services).
Health and Medical Services:
Health care services fall under Class 44, such as medical or surgical treatment, dental work, and therapy. These kinds of services fall under Class 44 (medical, beauty, and agricultural services).
Education and Training Services:
Educational services, training programs, and tuition-related services are not included in Class 45. These are classified under Class 41 (education and entertainment services).
Advertising and Marketing Services:
Services involving advertising, marketing, and public relations are classified under Class 35, not Class 45.
Real Estate Services:
Real estate services such as buying, selling, and leasing properties are excluded from Class 45. These services are usually classified under Class 36 (financial and real estate services).
Technological Services:
While security services related to cyber threats fall under Class 45, services related to IT, technology, and software development are excluded from this class. These belong to Class 42 (scientific and technological services).
List of Services in Class 45 of Trademark
Here is the comprehensive list of services that must be classified under Trademark Class 45:
adoption agency services
alternative dispute resolution services
arbitration services
babysitting
baggage inspection for security purposes
chaperoning/escorting in society [chaperoning]
clothing rental
copyright management
crematorium services
dating services
detective agencies
embalming services
evening dress rental
rental of fire alarms
rental of fire extinguishers
fire-fighting
funerals
funerary undertaking
genealogical research
guard services
horoscope casting
house sitting
inspection of factories for safety purposes
intellectual property consultancy
legal research
legal document preparation services
legal administration of licences
licensing of intellectual property
licensing of computer software [legal services]
online social networking services
litigation services
lost property return
marriage agencies
mediation
missing person investigations
monitoring of burglar and security alarms
monitoring intellectual property rights for legal advisory purposes
night guard services
opening of security locks
organization of religious meetings
personal body guarding
personal background investigations
pet sitting
planning and arranging of wedding ceremonies
registration of domain names [legal services]
releasing doves for special occasions
rental of safes
security consultancy
tracking of stolen property
Also, Learn about the Trademark Legal Framework in India
Summing Up
Trademark Class 45 is important for businesses that operate in the legal, security, and personal services industries. It encompasses a broad range of services that safeguard the public and individuals' personal, legal, and social needs. By registering a trademark in this class, businesses can secure their brand, gain legal protection, and distinguish themselves from competitors. If your business provides legal services, personal security, or social assistance, registering under Class 45 is crucial for ensuring that your intellectual property is protected, and your services are legally safeguarded. Understanding the boundaries of this class and knowing which services it covers is key to successful trademark registration.
Trademark Class 45: FAQs
Q1. Does Class 45 embrace legal services?
Yes, class 45 embraces legal services which include representation and consultancy.
Q2. Are personal security services encompassed by Trademark Class 45?
Yes, class 45 encompasses personal security services like bodyguard and escort services.
Q3. Is real estate service included in Class 45?
No, services offered under real estate fall in Class 36 and not in Class 45.
Q4. Is health care a part of Trademark Class 45?
No, health care and medical services fall in Class 44 and not in Class 45.
Q5. Does Class 45 cover identity theft prevention services?
Yes, identity theft prevention and cyber security services fall under Class 45.
