TRADEMARK REGISTRATION IN CLASS FOURTEEN

INTRODUCTION:

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. 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. Section 7 of the Trademarks Act, 1999 provides that the Registrar shall classify goods and services in accordance with the international classification of goods and services for the purpose of registration of trademarks. And under section 18 of the Act it requires that if any persons applying for a trademark to apply in writing in the manner that is prescribed for the registration.

CLASS FOURTEEN OF TRADEMARK ACT:

According to Nice classification heading for class 14 states Precious metals and their alloys; Jewellery, precious and semi-precious stones; Horological and chronometric instruments are include in Class 14. Class 14 includes mainly precious metals, goods in precious metals not included in other classes and, in general jewellery, clocks and watches. This Class includes, in particular: – jewellery (i.e., imitation jewellery and jewellery of precious metal and stones); – cuff links, tie pins.

This Class does not include, in particular: – goods in precious metals classified according to their function or purpose, for example, metals in foil and powder form for painters, decorators, printers and artists (Cl. 2), amalgam of gold for dentists (Cl. 5), cutlery (Cl. 8), electric contacts (Cl. 9), pen nibs of gold (Cl. 16), teapots (Cl. 21), gold and silver embroidery (Cl. 26), cigar boxes (Cl. 34); objects of art not of precious metals (classified according to the material of which they consist).

List of goods under class 14 of trademark act: agates; alarm clocks; alloys of precious metal; amulets[jewellery]; anchors[clock- and watchmaking]; atomic clocks; badges of precious metal barrels[clock- and watchmaking]; beads for making jewellry/beads for making jewellery; boxes of precious metal; bracelets; brooches; busts of precious metal; cases for clock- and watchmaking; cases for watches; chains ;charms; clock cases; Clocks; clocks and watches, electric; clockworks; coins; control clocks [master clocks] / master clocks; copper tokens; cuff links; dials [clock- and watchmaking]; diamonds; earrings; hat ornaments of precious metal; ingots of precious metals; iridium; ivory jewellery; necklaces [jewellery]; olivine[gems]/peridot; ornamental pins; ornaments of jet; ornaments[jewellery]; osmium; palladium; precious stones; Rhodium; rings [jewellery]; ruthenium; semi-precious stones; shoe ornaments of precious metal; tie clips; tie pins; watch bands/straps for wristwatches/watch straps; watch chains; watch springs; watch glasses/watch crystals; watch cases; watches; works of art of precious metal; wristwatches, etc.

REGISTRED GOODS UNDER TRADEMARK CLASS 14:

• MARHABA JEWLLERS

Trademark Description: Diamonds Precious & Semi-Precious Stones, Precious Metals, Gold, Silver Platinum & Artificial Jewellery, Pearls, Pearls Jewellery Malas, Shree Yantra, Figers & Fengshui Items, Precious Metals and their Alloys And Goods In Precious Metals.

• SWASTIK JEWELLERS:

Trademark Description: Gold, Diamond, Silver, Platinum Jewellery, & Precious Stones

• FRANKFORD

Trademark Description: Horological And Chronometric Instruments, Gold Jewellery, Silver Jewellery, Artificial Jewellery, Diamond Jewellery, Jumka, Bracelets, Chains, Ear Tops, Ear Rings, Bangles, Pendants, Watches, Clocks, Tie Clips, Tie Pins, Precious Metals And Their Alloys

• MASTERCUT

Trademark Description: Glass Beads & Glass Chatons For Jewellary

• PUSHTI CREATION

Trademark Description: Precious metals and their alloys and goods in precious metals or coated therewith, jewellery, precious stones, Tie pins, Tie clips, Semi-precious stones, Precious metals, unwrought or semi-wrought.

• NIVIA

Trademark description: Stopwatches

REGISTRATIONS OF TRADEMARK CLASS FOURTEEN:

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