TRADEMARK ACT CLASS THREE

INTRODUCTION:

Trademark plays very essential role in the life of consumer as he tries to purchase goods and products in the market place based on the brand he knows and in which he has trusts. When mark can be graphically represented and this mark can differentiate between goods or services of one Individual with goods and services of another and this mark can be the shape of goods, colour combination or packaging and this type of mark term as a Trademark.

The Fourth Schedule to the Trademark Rules, 2002 lays down the different trademark classes. Trademark has a total of 45 classes and the manufacture of goods and services are grouped into different trademark classes. Each class requires a different trademark registration. This is a classification of almost 80,000 products and services and divided into two sections- Classes for Goods & Classes of Services. Thus, it gives the trademark registration process a definite structure. Accordingly, the applicant can choose the broad class under which their goods or service description falls. The trademark classification helps avoid this by allowing you to search for a prior trademark in the class that you want to register your trademark in India.

CLASS THREE OF TRADEMARK ACT:

The following goods are classified under Class 3: Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions and dentifrices. Class 3 includes mainly cleaning preparations and toilet preparations. It also includes, deodorants for human beings or for animals, room fragrancing preparations and sanitary preparations being toiletries.

Class 3 is NOT used if registering: Chemical chimney cleaners; Preparations used for degreasing in manufacturing processes; Deodorants other than for which are used for humans or for animals; Sharpening grindstones and stones.

If the individual is not sure whether to register particular mark in Class 3, then the person might also consider the following “coordinated” classes: Class 5 - Pharmaceuticals, Class 21 - Household Utensils, Class 35 - Advertising and Business Services, Class 42 - Science and Technology Services, Class 44 - Medical and Vet Services. A coordinated class is one that is related to another class, usually because the Patent and Trademark Office has determined that applicants filing within Class 3 often file in these other classes, too.

LIST OF GOODS UNDER CLASS THREE:

Class 3 of trademarks largely relates with the diverse cosmetic and beauty products and preparations, the cleaning products and preparations, and the hair care and aromatic products and preparations. The section below deals entirely with the extensive categories of these products and preparations:

• Toiletries: adhesive for cosmetic use, adhesives for attaching false hair, products made from aloe Vera for cosmetic purposes, balms other than for medical purposes, cosmetic kits, cosmetic creams, cosmetics, cotton wool used  for cosmetic purposes.
• Perfumery and fragrances: extracts of flowers (perfumes),amber( perfume), bases for flower perfumes, fumigation preparations [perfumes], heliotropine, ionone (perfumery), lavender water, mint for perfumery, toilet water, scented water, musk (perfumery), perfumery, perfumes.
• Body cleaning and beauty care preparations: douching preparations used for personal sanitary or deodorant purposes (toiletries).
• Make-up: Cosmetics used for eyebrows, eyebrow pencils, mascara, cosmetic preparations used for eyelashes, make-up preparations, make-up powder, lipsticks, make-up removing preparations, nail varnish/ polish, nail care preparations, nail art stickers, cosmetic pencils, and decorative transfers for cosmetic purposes.
• Laundry preparations, bleaching salts, bleaching soda, colour- (colour-)brightening chemicals used for household purposes (laundry)/colour-brightening chemicals used for household purposes, fabric softeners used for laundry use, laundry bleach/laundry bleaching preparations, laundry blueing, all laundry soaking preparations.
• Animal grooming preparations: deodorants for pets, cosmetics used for animals, shampoos for pets.

REGISTRED TRADEMARK UNDER CLASS THREE:

• SURAJ

Trademark description:  Washing Soaps

• SUNTOP

Trademark description: non-medicated toilet preparations, cosmetics, perfumes and bindis all being goods included in class 3

• HANDWISH

Trademark description: cleaning, scouring, polishing and abrasive preparations; bleaching prepartions; preparations for laundary use; disinfectant soap and soap (antiperspirant).

• ZOYO

Trademark description: hair oil, lotion, conditioner, washing soap and powder, detergent cake, cleaning powder, liquid soap and toilet soap liquid blue, shampoo agarabati included in class 03.

• SHUBH SHAHEEN:

Trademark description: mehandi, mehandi powder, henna, henna powder, mehandi cone under class 03.

REGISTRATION OF TRADEMARK CLASS 3 FOR COSMETICS AND TOILETARIES:

Trademark Search

Search for any identical or similar mark that is already available with Trademark Registry. Trademark Search has to be directed by the Trademark Registry Online Website.

Trademark Application Filing

After completion of the Trademark search, the Application for Trademark Registration will be filed with the Trademark Registrar. When the application is ready with the required details, the owner will file the Trademark Registering Application online or offline. For online application, Digital Signature Certificate is required, while, instead, for offline filing, an application has to be sent to the Trademark Registry office. Later the application is filed, the Registrar will review the application for any disagreements in it. 

Application for Allotment of Trademark

The application filed with the Trademark Registrar, then a Trademark Application Allotment Number, has to be provided within 2-3 working days. The Trademark Application can be traced online. After attaining the Trademark Application Allocation Number, the owner can use a TM symbol next to its logo.

Trademark Examination

The Trademark Application is sent to the Trademark Officer in the Trademark Registry Office to review the Trademark Application and check for the accuracy and issue of the Trademark Examination Report.

Publication of Trademark in A Trademark Journal

The anticipated Trademark is circulated in the Trademark Journal. The Trademark Journal contains all Trademarks that are accepted by the Trademark Registrar. The public has the chance to oppose the Trademark Registration if they consider that there will be damaged if the Trademark gets registered. If no objections are filed within 90 days, then the Trademark will be recorded permanently for the entity registering for Trademark.

Registration of Trademark

If there is no objection filed with the Trademark Registrar regarding the Trademark Application and Trademark Journal, a Trademark Certificate will be issued.