TRADEMARK CLASS THIRTY-FOUR

TRADEMARK CLASS THIRTY-FOUR

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-FOUR

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 34 includes goods related to tobacco, smokers’ articles and matches. The goods classified under Class 34 are Tobacco substitutes (not for medical purposes). The goods which are not classified under this class are Cigarettes without tobacco. Various categories of Tobacco and Tobacco Products, Diverse Articles and implements for use with Tobacco, Matches, Tobacco Containers and Humidors, Lighters for Smokers, Ashtrays are part of class 34.

Cigarettes without tobacco which are not for medical purpose do not belong to this particular class or any of tobacco products associated with Trademark Class 34 for registration and protection of goods. These cigarettes are part of Trademark class five.

List of goods under class 34 are:

Ashtrays used by smokers, books of cigarette papers, chewing tobacco, cigar cutters, cigar cases, cigar holders, cigarette tips, cigarette filters, cigarette cases, cigarette holders, cigarette paper, cigarettes containing tobacco substitutes (not for medical purposes), cigarettes, cigarillos, cigars, electronic cigarettes, firestones, gas containers for cigar lighters, herbs for smoking, humidors, lighters used for smoking, liquid nicotine solutions used in electronic cigarettes, match holders, matchboxes, mouthpieces for cigarette holders, snuff, snuff boxes, spittoons for tobacco users, tobacco, tobacco pouches, tobacco pipes, tobacco jars.

REGISTERED GOODS UNDER CLASS 34

• YOGI

Trademark Description: Tobacco, Smokers Articles, Matches

• RED & WHITE PURE ARTISAN

Trademark Description: Cigarette, Cigar, Cigarette Paper, Cigarette Filter, Cigarette Lighter, Cigarette Cases and Safety Matches

• PUNCHMUKHI

Trademark Description: Tobacco, Tobacco substitutes like Chewing Tobacco, Gutkha, Khaini, Zarda, Smoker Articles and Match Boxes.

• SOSYO

Trademark Description: Tobacco and Tobacco Products (Including Substitutes), Articles for use with Tobacco, Absorbent Papers For Tobacco, Matches, Ashtrays for Tobacco, and Parts

• SPECIAL HANSIYABAL

Trademark Description: Manufacturing of Tobacco, beedi, safety matches

• RUDRA ROYAL SQUARE

Trademark Description: Smokers' Articles, Cigarettes, Cigars & Cigarillos.

REGISTRATIONS OF TRADEMARK CLASS THIRTY-FOUR

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