TRADEMARK REGISTRATION IN CLASS 8

INRODUCTION:

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 according to the NICE classification also known as International Certification of Goods and Services and the manufacture of goods and services are grouped into different classes. Among those 45 classes, 34 classes come under Goods section and 11 classes come under Services sections. Every class requires a different registration and while applying for the Trademark registration, it is necessary to choose the right class. Trademark search is done while selecting an appropriate class for your goods and services. This is a classification of almost 80,000 products and services.

CLASS EIGHT OF TRADEMARK ACT:

Trademarks must be applied or registered under classes and each class represents a distinct class of goods or services. The following goods are classified under Class 8: Cutlery of valuable metals, Electric razors and clippers (hand instruments), Keen-edged and Blunt Weapons, Hand Tools for Cutting, Grinding, Sharpening, and Surface Treatment, Agricultural and Gardening Tools, Manicure and Pedicure Tools, Food Preparation Utensils and Implements, Kitchen Knives and Cutlery, Hand-operated Tools for Treatment of Materials, Hand-operated Tools and Implements for Construction and Repairing, Fastening and Joining Tools, Hair Cutting, Shaving, and Hair Removal Implements, Animal Slaughtering and Butchering Implements, Lifting Jacks and Tools, Hygienic and Beauty Implements and Tools for Humans and Animals, Hair Styling Appliances, Fire Tending Implements, other hand-operated tools, equipment, and implements which are not included in other classes. 

The Class in does not include: Certain special instruments (refer Alphabetical List of Goods at the bottom); Machine tools and implements drive by a motor (Class 7); Surgical cutlery (Class l0); Side arms being firearms (Class 13); Paper knives (Class 16); Fencing weapons (Class 28).

If the applicant is not sure whether to register for Class 8, following ‘coordinated’ classes may be considered:

• Class 21 – Household Utensils
• Class 35 – Advertising and Business Services
• Class 37 – Construction and Repair Services
• Class 40 – Material Treatment Services
• Class 42 – Science and Technology Services
• Class 45 – Legal and Security Services

List of Goods under class 8 of the trademark act are: abrading instruments, adze, abrasive tools, agricultural forks, air pumps, all purpose scissors, Archery equipment, namely, arrow nocks hand tools for adjusting the gape of the arrow nocks for a better fit on the bow string, Axes, Bags and cases specially adapted for holding or carrying electric hair curling irons, Bar cutters, hand-operated, Barbecue branders, Barbecue forks, Beard Shaping Tool, Beard trimmers, Beard trimmers non-electric and electric, Biodegradable cutlery, namely, knives, forks and spoons, Blades and brushes for electric hair clippers and trimmers, Blades being weapons, Blades for electric razors, Blades for knives, Body piercing equipment, Bolt cutters, Butter knives, Cable rods, Cable tie tools, Can openers, non-electric, Candle sharpeners, Canteens of cutlery made of precious metal, Carving forks, Carving knives, Cattle marking tools, Cassettes for razor blades, Chain breaker tools for use with motorcycle chains, Chef knives, Choppers, hand-operated, Clippers, hand-operated, Clothes irons, Compostable and biodegradable cutlery, namely, knives, spoons, forks, Cosmetic tattooing apparatus, Cosmetic tattooing machines, Cutting, drilling, grinding, sharpening and surface treatment hand tools, Dart point sharpeners, Diamond cutting tools for hand-operated tools, Disposable tableware, namely, knives, forks and spoons, Electric flat irons, etc.

REGISTERED GOODS UNDER CLASS EIGHT:

• SUPER-EGO TOOLS S.A.

Trademark Description: Hand Tools and Implements (Hand Operated), All being Goods included in Class 8.

• RAMSEY

Trademark Description: Hand Tools Viz Wrenches; Pliers; Spanners; Hammers; Thread Cutting Dies, Vices, Garragve Tools, Garden Tool, Plumbing Tools Carpenters, Tools, Massions Tools, Workshop Tools, B & R Tools, Tools Kits, Scissors, Hand Pump Tools, Screw Drivers

• PRIVATE AFFAIR

Trademark Description: Cultery Forks Spoons Knives Razors Razor Blades Razor Cases Scissors Manicure and Pedicure Sets Hair Clippers Trimmers and Shears Curling Irons (Non Electrical) Parts and Fitting.

• ALCOA FASTENING SYSTEMS

Trademark Description: Hand Tools, Namely For The Installation Of Metallic Fasteners, Blind Fasteners, Captive Fasteners, Threaded Fasteners, Bolts, Lockbolts, Nuts And Rivets.

• BOBTAIL

Trademark Description: Tools for Installing Metal Threaded Fasteners

• HUCK-SPIN

Trademark Description: Tools, Namely Power Tools For Instatlling Metal Threaded Fasteners.

REGISTRATIONS OF TRADEMARK CLASS EIGHT FOR HAND TOOLS:

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.

- Sameeksha Shukla