TRADEMARK REGISTRATION IN CLASS THIRTEEN

INTRODUCTION:

The Trademarks Act, 1999, explains a phrase, logo, design, and sequence of colors or shapes, etc. and that symbolizes the uniqueness of a brand or the product and separates from competitors. It is a globally recognized trademark and is the most precious asset of a business. With a different Trademark, users can instantly distinguish your products or services from several competitors’ products.

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 THIRTEEN OF TRADEMARK ACT:

Distinguished for containing trademarks which are specifically related with firearms, weapons, and explosives, the trademark class 13 is certainly a highly significant class under the list of globally recognized trademark classification. It means that, companies and industries which are doing business in these fields at regional, national, or international levels, must register their newly created trademarks with any national or international trademark registry office, under this particular trademark class 13. Trademarks associated with the following products, objects, and substances come under this trademark class 13: Firearms and Weapons; Ammunition and Projectiles; Explosive Substances and Devices, other than Firearms; Fireworks and Pyrotechnics. Here, it is notable that trademarks concerned with matches do not fall under this trademark class 13; these come under the trademark class 34.

List of Goods registered under trademark class 13 are: air pistols [weapons]; ammonium nitrate explosives / nitrate of ammonia explosives; ammunition; ammunition for firearms; artillery guns [cannons]; ballistic weapons / ballistic missiles; belts adapted for ammunition; breeches of firearms; Cannons; cartridge cases; cartridge loading apparatus; cartridge pouches; cartridges; cleaning brushes for firearms; detonating plugs; detonating fuses for explosives; detonators; Dynamite; explosive cartridges; explosive powders; explosives; apparatus for filling cartridge belts; automatic firearm ammunition belts; firearms; firecrackers; fireworks; firing platforms; flare pistols; fuses for explosives, for use in mines; fuses for explosives; gun carriages[artillery]; guncotton/pyroxylin; gunpowder; guns [weapons]; machine guns; gunstocks / gun stocks; hammers for guns and rifles / hammers for guns / hammers for rifles; hand grenades; hunting firearms / sporting firearms; lead shot for hunting; mines [explosives]; mortars [firearms]; motorized weapons; noise-suppressors for guns; pistols [arms]; powder horns; primings [fuses]; projectiles [weapons]; shoulder straps for weapons / bandoliers for weapons; side arms [firearms]; sighting mirrors for guns and rifles/sighting mirrors for guns / sighting mirrors for rifles; sights, other than telescopic sights, for firearms; sights, other than telescopic sights, for artillery; signal rockets; sprays for personal defense purposes/sprays for personal defence purposes; tanks [weapons]; tear-gas weapons / tear gas weapons; torpedoes etc.

REGISTRED GOODS UNDER CLASS THRITEEN OF TRADEMARK ACT:

• ARORA GENERAL STORE

Trademark Description: Fireworks, Fire Crackers

• METIS

Trademark Description: Firearms, ammunition and projectiles, explosives, fireworks

• PICCADILY

Trademark Description: Firearms; ammunition and projectiles; explosives; fireworks.

• NISCO

Trademark Description: Firearms, Ammunitions And Projectiles Explosive Substances Fire Works

• SHREE SHIVAM FIRE WORKS

Trademark Description: Fireworks

• IRON MAN

Trademark Description: Fireworks

REGISTRATIONS OF TRADEMARK CLASS THRITEEN:

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