TRADEMARK CLASS SIX

INTRODUCTION:

Trademark Classification aids for the purpose of easy registration of all trademarks and service marks in various fields, under the National and International Trademark Offices worldwide. Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 cover services). This classification is used by Indian Trademark Registry to classify the trademarks. 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 SIX OF TRADEMARK ACT:

Trademark Class 6 is one of the 45 Classes which mainly includes common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes. This class includes Common Metals and Alloys; Metals in foil or powder form for further processing; e.g. powder used in 3D printers; Metal building materials; e.g. materials of metal for railway tracks, pipes, and tubes of metal; Transportable buildings or structures of metal; e.g. prefabricated houses, swimming pools, cages for wild animals, skating rinks; Non-Electric Cables and Wires of Metals; Items of Ironmongery and Metal Hardware; Pipes, Tubes, Hoses, and Fittings of Metals; Gates, Doors, and Windows of Metals; Metal Ores and Compounds; Nuts, Bolts, Chains, Locks, and Fasteners; Metal Containers; Molds of Metals; Armor Plating; Welding and Soldering Materials; Ladders and Scaffoldings; Metal Statues and Works of Art; Dispensers made up of Metals; Certain goods made of common metals, for example, all-purpose boxes of common metal, statues, busts and works of art of common metal.

This class does not include Metals and ores used as chemicals in industry or scientific research for their chemical properties; e.g. bauxite, mercury, antimony, alkaline and alkaline-earth metals (Class 1); Electric cables (Class 9) and non-electric cables and ropes, not of metal (Class 22); Metals in foil and powder form used in painting, decorating, printing and art (Class 2); Pipes being parts of sanitary installations (Class 11), Cages for household pets (Class 21); Flexible pipes, tubes, and hoses, not of metal (Class 17) and rigid pipes, not of metal (Class 19); Certain goods made of common metals that are classified according to their function or purpose; e.g. hand tool (Class 8), paper clips (Class 16); Furniture (Class 20), kitchen utensils (Class 21), household containers (Class 21).

In case if the trademark relates only partially to any of the products or substances, following coordinated classes should be mentioned while filing the application for trademark registration as related coordinated classes, they are:

• Class 11 — Appliances
• Class 17 — Rubber Products
• 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

LIST OF GOODS UNDER THAT ARE INCLUDED IN TRADEMARK CLASS 6:

Alloys of common metal, Aluminium, Aluminium foil, Anchors Angle Irons, Anti-friction Metal, Armours Plating, Armour Doors of Metal, Bands of Metal For Tying-Up Purposes / Wrapping Or Binding Bands Of Metal, Barrels Of Metal, Bars For Metal Railings, Beacons Of Metal, Non-Luminous, Bells, Binding Screws Of Metal For Cables, Binding Thread of Metal for Agricultural Purposes, Bindings Of Metal, Bottle Caps Of Metal,  Capsules Of Metal For Bottles, Sealing Caps Of Metal For Bottles, Bottle Closures of Metal, Bottle Fasteners Of Metal, Brazing Alloys, Bronze, Bronzes For Tombstones, Buckles Of Common Metal, Building or Furniture Fittings of Nickel-Silver, Building Materials of Metal, Chimneys Of Metal, Chrome Iron, Chrome Ores, Chromium, Clips of Metal for Cables and Pipes, Closures Of Metal For Containers, Clothes Hooks Of Metal, Copper rings, Door Knockers Of Metal, Door Handles Of Metal, Door Panels Of Metal etc.

REGISTERED TRADEMARK UNDER CLASS SIX:

• CONTECH

Trademark description: Common metals and their alloys, metal building materials, iron joint of metal (non-electric), Angles channel, bar of metal, wires of metal(non- electric), nails, squares, flats, joists, thread of Metal for tying-up purposes, coupler.

• AIRCON

Trademark description: metal beam crash barriers; crash resistance barriers; crash barriers of metal; common metals and their alloys, ores; metal materials for building and construction; small items of metal hardware.

• IMAGINE

Trademark description: aluminium foil, small item of metal

• WTIBINGO

Trademark description: hinges, tower bolts, handle and metal hardware door & window fittings including handles, knods, Telescopic drawers channel, locks, drops, hinges lethes looking, bolt, nut & bolt hacksaw blade, Brass wood screw, screws, doors, door stopers, nails, gate hooks, tower bolts, door closer, Hanger, floor & door spring safety etc.

• SILVER SHINE

Trademark description: rewinder and fabrication of aluminium foils.

REGISTRATIONS OF TRADEMARK CLASS SIX FOR METALS:

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.

Research by 

Sameeksha Shukla

 BB.A LL.B (Hons.) specialization in Corporate Law ( 5^th year