TRADEMARK CLASS NINETEEN

TRADEMARK CLASS NINETEEN

INTRODUCTION

Trademark differentiate the goods sold by two or more organizations, it represents signs, symbols,s or marks. The registered trademark gives the right to the owner to protect their trademark and to file an infringement if any other person uses that registered trademark of the owner. The goods and services are classified into different classes under the Trademark Act, 1999. There is a total of 45 different classes, and it is grouped into the manufacture of goods and services. Every class requires a separate trademark registration. There are 80,000 products and services under the trademark classes and divided into two sections- Classes for Goods & Classes of Services. Thus, it provides the process of trademark registration with a smooth structure. The trademark classification allows the applicant to search for an appropriate trademark under the defined classes to register the trademark in India.

The purpose of the trademark is to avoid confusion among the consumer, so while registering the trademark applicant make sure to register the mark in the correct class and should care that they do not infringe on an already existing mark.

CLASS NINETEEN OF TRADEMARK

Trademark Class 19 includes non-metal building materials. This class also includes some pipes, stonework, wooden materials, structures, structure components, signs, glass, pavement materials, and some other related goods. But these goods do not contain any metal. If it contains metal in any capacity then these goods belong in a different class. The following goods not classified under Class 19 are Cement preservatives, waterproofing & fireproofing preparations.

Some examples of this class include asbestos products, agglomerated cork, wooden beams, girders, binding agents for brick and stone, bricks, building timber and lumber, building stone, cement slabs and other select cement products, chimney related components, concrete, drainpipes, ducts for ventilation and air conditioning, floor tiles, foundry molds, and more.

Class 19 covers all non-metal forms of:

• Stone Materials – Stone for building such as granite, quartz, slate, gravel, and more all fall in this class.

• Wooden Materials – Most types of structural wood falls under this category as well. Plywood, timber and lumber, and other semi-worked woods are all in Class 19.

• Glass Materials – Alabaster glass, enameled glass, safety glass, and stained-glass windows all appear here as well.

• Pavement Materials – A number of materials used to pave roads also appear in this class. Common examples include asphalt, coal tar, paving blocks and slabs, road marking sheets, and pitch.

• Structures and Structure Components – Aquariums, pre-fabricated houses, windows, staircases, folding doors, and more all fall under this class.

• Pipes – A number of non-metallic rigid pipes for building fall in this class as well. For example drainage pipes, gutter pipes, and penstock pipes.

Other forms of class 19 are potter’s clay, stone monuments, busts, and figurines, swimming pools, tombs, and aquariums. Signs are also part of Class 19, but, these signs should be in non-luminous, non-mechanical, and non-metallic form. Therefore, different types of wooden road signs and advertisement columns also fall under this category as well.

The Coordinated classes of Class 19: (Class 6) Common Metals; (Class 17) Rubber and Plastic Products; (Class 37) Constructions Services; (Class 40) Material Treatment Services. Coordinated classes are classes where the applicant’s mark falls under more than one class, the applicant needs to register in each coordinated class to receive full protection.

REGISTERED TRADEMARK UNDER CLASS NINETEEN

• JETTA

• Trademark Description: All Kinds of Plywood Includes Decorative Plywood, Doors, and Laminated Block Board

• SMILE

Trademark Description: Border Patty, Wall Tiles, Floor Tiles, Vitrified Tiles, Granito, Porcelain Tiles, Rustico Tiles, and Tiles

• MAJESTY

Trademark Description: Plywood, Flush Doors, Block Boards, and Building Materials

• BLUE HORSE

Trademark Description: Plywood, Block Boards, Mr. Grade Plywood, Decorative Wood Veneer, Flush Doors, Marine Plywood, Shuttering and Film Coated Plywood, Waterproof Ply and Chequered Plywood

• MILLENNIUM

Trademark Description: Vitrified Tiles and Ceramic

• WAVE WORLD

Trademark Description: Building Materials (Non-Metallic), Non-Metallic Rigid Pipes for Buildings: Asphalt, Pitch and Bitumen; Non-Metallic Transportable Buildings; Monument not of Metal

REGISTRATIONS OF TRADEMARK CLASS NINETEEN

Trademark Search

The Registrar firstly searches for the similar mark that already exists with the Trademark Registry. The Trademark Search directed through the Trademark Registry Online Website.

Trademark Application Filing

Once the trademark search is completed, the applicant will file the application for trademark registration with the Trademark Registrar. When all the requirement of the application is filled by the applicant, then the owner will file a Trademark Registering Application in online or offline mode. In case of online filling, the Digital Signature Certificate is required and in the offline filling, the application has to be sent to the Trademark Registry office. After filling the application the Registrar will review the application to look into any disagreements in it.

Application for Allotment of Trademark

After the application filed with the Trademark Registrar, an allotment number to the Trademark Application will be provided within 2-3 working days, through this the application can be tracked online. After receiving the allocation number the owner of the Trademark Symbol can use it for its logo.

Trademark Examination

Afterward, the application will be sent to the Trademark officer in the Trademark Registry office to review the application, and check the certainty, and to issue the Trademark Examination Report.

Publication of Trademark in a Trademark Journal

The applied trademark is then published in the Trademark Journal. The Trademark Journal contains all the trademarks that are approved by the Trademark Registrar. The trademark journal is available for the public to look upon and to file the objection against trademark registration if it is registered. The objection should be filed within 90 days, if no objection filled then the mark will be recorded permanently for the entity registering for a trademark.

Registration of Trademark

During the 90 days time limit if no objection filed by the public with the Trademark Registrar regarding the Trademark Application and Trademark Journal, a Certificate of the trademark will be issued to the applicant.

BY-

Sameeksha Shukla