TRADEMARK REGISTRATION IN CLASS EIGHTEEN

INTRODUCTION:

Trademark applications require that the owner of the trademark identifies what goods and/or services they use their trademark in connection with. For example, Apple uses their famous logo in connection with computers, tablets and cell phones. There are forty-five different trademark classes of goods and services. Each trademark class tries to cover related goods and services. Many countries use the same trademark classification systems to harmonize worldwide trademark law. Incorrectly identifying which trademark class a good or service belongs to can lead to an Office Action from the Examining Attorney, a delay for the trademark application and possibly complete refusal of the application. Therefore it is important to correctly identify what trademark class the applied for trademark is used in connection with. The easiest way to determine what class a particular good or service is in is to view the United States Patent and Trademark Office’s (USPTO) Trademark identification Manual online. One important thing to keep in mind is that the USPTO charges an application fee per class of goods or services. Trademark owners can save money by applying for only one class, but will get the broadest protection applying for multiple trademark classes.

CLASS EIGHTEEN OF TRADEMARK:

If the mark is being used in commerce, then you must furnish a specimen of this mark as consumers see it .It is necessary for the specimen to show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a tag, label, or container for the goods, or a display which is associated with the goods. A copy or any other reproduction of a specimen of the mark as used on or in connection with the goods is acceptable. In most cases, the label is an acceptable specimen, if the trademark is applied to the goods or the containers for the goods in Class 18 by means of labels. It is not acceptable if the mark shown is just used as a trade name and not a trademark. The proper method of trademark affixation is to stamp a trademark on the goods, the container, or on the labels or tags attached to the goods or containers.

The most common products in Class 18 include bags, backpacks, luggage, wallets and umbrellas. Class 18 also cover walking sticks/canes, leather and imitation leather goods such as leather boxes, and saddles, whips and animal clothing such as blinders for horses and animal collars. When applying for Class 18 goods, trademark applicants can determine whether they want to apply for broad categories of goods, such as bags, or drill down and apply for all the individual bags they sell such as backpacks, sports bags, athletic bags etc.

List of goods under class 18: animal skins / pelts; attaché cases; bags for climbers; bags for campers; bags [envelopes, pouches] of leather, for packaging/envelopes, of leather, for packaging/ pouches, of leather, for packaging; bags for sports; bags; briefcases; business card cases; cases, of leather or leatherboard; casings, of leather, for springs /casings, of leather, for plate springs; arness for animals; harness fittings; hat boxes of leather; haversacks; horse collars; horse blankets; horseshoes; imitation leather; key cases; knee-pads for horses; leather leashes / leather leads; leather laces umbrella rings; umbrella or parasol ribs; umbrella sticks; umbrella covers; umbrella handles; umbrellas; valises, etc.

REGISTRED GOODS UNDER CLASS EIGHTEEN:

• SHANA

Trademark Description: Leather And Imitations Of Leather, And Goods Made Of These Materials And Not Included In Other Classes; Animal Skins, Hides, Trunks And Travelling Bags; Umbrellas, Parasols And Walking Sticks; Whips, Harness And Saddlery.

• BUCKLE UP:

Trademark Description: Leather and Immitations Of Leather And Goods Made Of These Materials

• IMPERUS

Trademark Description: Bags of all kinds made of Leather and Imitation of Leather, Briefcases, Luggage Cases, Suitcases, Wallets, Purse, Leather Pouch, Key Holders, School Bags, Ladies Bag.

• KEEP LONG

Trademark Description: Animal skins; Imitation leather; School bags; Travelling trunks; Backpacks; Wallets (Pocket); Shopping bags; Attache cases; Bags for campers; Handbags; Travelling bags; Briefcases; Travelling sets[leatherware]; Trunks [luggage];Haversacks; Bags for sports; Coverings of skins [furs]; Laces (Leather); Umbrellas; Walking sticks

• K.C. PAUL’S

Trademark Description: Umbrella of all kinds including leather bags, traveling bags, soft luggage, parasols

• NOSH:

Trademark Description: Leather, Leather imitation Products, Purse, Bags, Wallets, Traveling Bags, Belts, Briefcases, Handbags, Handbags, Baby Carrying bags, Accessories

REGISTRATIONS OF TRADEMARK CLASS EIGHTEEN:

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