TRADEMARK Registration IN CLASS ELEVEN (11)

INTRODUCTION:

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

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 ELEVEN UNDER TRADEMARK ACT:

The classification in Trademark Class 11 incorporates apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply as well as sanitary purposes. Trademarks should be applied or registered under the classes and each class characterizes as a particular goods or services class. The class does not include in particular: steam producing apparatus (parts of machines) (Class 7); Electrically heated clothing (Class 9).

If the applicant is not sure to register in class 11 then he can consider coordinated classes:   Class 6 Common Metals, Class 7 - Machines, Class 9 - Computers and Scientific Devices, Class 19 - Building Materials, Class 20 - Furniture, Class 35 - Advertising and Business Services, Class 37 - Construction and Repair Services, Class 40 - Material Treatment Services, Class 42 - Science and Technology Services. A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 11 often file in these other classes, too. The trademark class system will also impact the fees that you pay for registration. For each class of goods or services that you register, you must pay a separate fee.

List of goods that can register under Trademark class 11 are: acetylene burners; acetylene generators; acetylene flares; air deodorising apparatus; air cooling apparatus; air preheaters; air driers [dryers] / air driers / air dryers; air conditioning installations/installations for conditioning air; air filtering installations; air conditioners for vehicles; air conditioning apparatus; barbecues; Bathtubs; bathtubs for sitz baths; bath fittings; bath installations / bath plumbing fixtures; bed warmers; beverage cooling apparatus; bicycle lights; Bidets; electric, blankets, not for medical purposes; boiler pipes (tubes) for heating installations; boilers, other than parts of machines electrically heated carpets; ceiling lights; central heating radiators; Chandeliers; chimney flues; chimney blowers; dental ovens; deodorizing apparatus, not for personal use; desalination plants; desiccating apparatus; discharge tubes, electric, for lighting; disinfectant dispensers for toilets/disinfectant distributors for toilets; disinfectant apparatus; disposable sterilization pouches; gas lighters; gas scrubbing apparatus; gas burners; gas boilers; gas lamps; gas condensers, other than parts of machines.

REGISTRED GOODS UNDER CLASS 11 OF TRADEMARK ACT:

• UJALA

Trademark Description: Gas Water Heaters, Instant Gas Geysers, Electric Water, Geysers, Gas Stoves, Gas Hobs and Range Hoods

• EURO FLAME

Trademark Description: Gas-Stove, Cooking Instruments, Lighting, Heating, Steam Generating, Drying,Ventilating

• AQUAMAX

Trademark Description: Water Purifying Apparatus & Installation

• RAJESH FAN PAARK

Trademark Description: Home Appliances

• SOUTHERN MARKETING

Trademark Description: Pipes (Part of Sanitary Installations)

• ULTRATANK

Trademark Description: Water Storage Tank

REGISTRATIONS OF TRADEMARK CLASS ELEVEN:

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