TRADEMARK CLASS THIRTY

TRADEMARK CLASS THIRTY

INTRODUCTION

According to the NICE classification the trademark has been divided into 45 classes which also called International Certification of Goods and Services and the manufacture of goods and services. In those 45 classes, there 34 classes for the products and 11 classes provided for services section. Every class requires a different registration when applying for the Trademark registration to give uniqueness and identity to the brand or product, that’s why it is necessary to choose right class. The trademark classification allows the applicant to search for an appropriate trademark under the defined classes to register the trademark in India. Section 7 of the Trademark Act, 1999 provides that the Registrar of the Trademark Registry should have classifies the goods and service for the registration of trademark accordance with the International Classification of Goods and Services. Further, section 18 of the trademark act make it mandate that application for the trademark registration should be in writing and according to the manner prescribed for the registration provided in the act.

CLASS THIRTY OF TRADEMARK ACT

The Applicant in the specimen for the goods has to show the use of a mark in which he/she applying for the trademark so that it is easily recognized by potential purchasers as the applicant’s goods. A trademark can be a tag, label or anything which show as association with the goods. The mark is not acceptable if it only shows trade name and not a trademark. The appropriate method for affixation the trademark is to stamp that registered mark on the goods, the container.

Trademark Class 30 includes goods related to coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastry and confectionery, edible ices, sugar, honey, yeast, baking powder, mustard, salt, vinegar, spices, ice. Additionally this class also includes Beverages with coffee, cocoa, chocolate or tea base, Cereals prepared for human consumption (for example, oat flakes and those made of other cereals). Therefore, Trademark Class 30 mainly pertains to foodstuffs of plant origin prepared for consumption or conservation and auxiliaries which are used for the improvement of the flavour of food.

The good which are not classified under Class 30 are certain types of foods of plant origin, Salt used for preserving goods not for foodstuffs, teas used for medical purposes and dietetic food and substances for medical use, Baby food, Dietary supplements, raw cereals, certain types of foods for animals.

The Coordinated Classes of Class 30 are: (Class 1) Chemicals, (Class 5) Pharmaceuticals, (Class 29) Meat, Fish, Poultry, (Class 31) Grains, Agriculture, (Class 32) Beers and Beverages, (Class 33) Alcoholic Beverages, (Class 35) Advertising and Business related Services, (Class 42) Science and Technology Services, and (Class 43) Food Services.

List of goods under class 30:

• Savoury snacks, cereal based snack food, cheese burgers, chips, corn, roasted maize, roasted, meat pies, meals made of noodles, pasties.

• Cookies ingredients, almond paste, almond confectionery, baking soda (for cooking purposes), beer vinegar, cooking salt, sea water for cooking, aromatic preparations for food.

• Chocolate, chocolate related beverages with milk, chocolate mousses, chocolate used for decorations in cakes, beverages made from chocolate, chocolate coated nuts, cinnamon, cocoa, cocoa beverages with milk, cocoa based beverages, sugar confectionery, custard, dessert mousses

• Bread, breadcrumbs, bread rolls, buns, cake powder, cake dough, cake batter, cookies, waffles, wheat flour, wheat germ used for human consumption, yeast, crushed oats, dough, tarts.

REGISTERED GOODS UNDER CLASS THIRTY

• CHOCO MALT

Trademark Description: Malted Milk Foods

• MASTER CHEF PREMIUM BASMATI

Trademark Description: Premium Basmati Rice and all types Of Rices for sale in India and Abroad.

• MUSTERSAIF

Trademark Description: Spices

• RAINDROP

Trademark Description: Coffee, Tea, Cocoa, Sugar, Rice, Pulses, Tapioca, Sago, Artificial Coffee, Flour and Preparations, Made From Cereals, Bread, Pastry and Confectionery, Ices, Honey, Treacle, Yeast, Baking Powder; Salt, Mustard, Vinegar, Sauces, Spices, Ice

• JASHAN

Trademark Description: Coffee, Tea, Cocoa, Sugar, Rice, Pulses, Tapioca, Sago, Artificial Coffee, Flour and Preparations made from cereals, Bread, Pastry and Confectionery, Ices, Honey, Treacle, Yeast, Baking Powder; Salt, Mustard, Vinegar, Sauces, Spices, Ice

REGISTRATIONS OF TRADEMARK CLASS THIRTY

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 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 Trademark Application will be provided within 2-3 working days, through this the application can be traced online. After receiving the allocation number the owner of the Trademark Symbol can use it to 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