TRADEMARK CLASS THIRTY-THREE

TRADEMARK CLASS THIRTY-THREE

INTRODUCTION

Trademark differentiate the goods sold by two or more organization, it represents signs, symbol or mark. 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 Trademark Act, 1999. There are total 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 the confusion among the consumer, so while registering the trademark applicant make sure to register the mark in correct class and should careful that they do not infringe on an already existing mark.

CLASS THIRTY-THREE 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.

The trademark class 33 pertains to wines, spirits, and other alcoholic beverages, excepting beers. Trademark class 33 is related with alcoholic beverages; brandy, gin, rum, vodka, whiskey, wine, spirit etc, but this class does not include beer as it is part of Class 32. The goods which are not classified under Class 33 are Medicinal beverages, Beer, De-alcoholised beverages.

Coordinated classes of trademark 33 are (Class 5) Pharmaceuticals, (Class 29) Meat and Fish Poultry, (Class 30) Coffee, Flour, Bread, Candy, and Rice Products, (Class 31) Grains, Agriculture, (Class 32) Beers and Beverages, (Class 35) Advertising and Business related Services, (Class 42) Science and Technology Services, and (Class 43) Food related Services .

List of goods under class 33 are:

• Preparations for making alcoholic beverages, alcoholic essences, alcoholic extracts, Alcoholic beverages (except beer), alcoholic beverages, except beer, alcoholic beverages containing fruit, aperitifs, bitters, nira (sugarcane-based alcoholic beverage), perry, rice alcohol, sake.

• Wine, piquette, wine.

• Fortified wines.

• Sparkling wines, Cider, cider.

• Pre-mixed beverages, cocktails, fruit extracts (alcoholic), Pre-mixed alcoholic beverages, other than beer based beverages

• Spirits and liquors, anise (liqueur), anisette (liqueur), arrack, brandy, curacao, digesters (liqueurs and spirits), distilled beverages, gin, kirsch, liqueurs, peppermint liqueurs, rum, spirits (beverages), vodka, whisky.

REGISTRED GOODS UNDER CLASS 33:

• BLACK RAM

Trademark Description: Alcoholic Beverages; Wines; Liqueurs; Vodka.

• LAXMAN PREMIUM

Trademark Description: Alcoholic Beverages

• DUSK TO DAWN

Trademark Description: Wines, Spirits, Beer and Rum

• SULEKHA

Trademark Description: Alcoholic Beverages

• PUTINKA

Trademark Description: Alcoholic Beverages (Except Beers), Including Vodka

• SHAAN-E-AWADH

Trademark Description: Whiskey, Rum, Vodka, Gin, Brandy, Wine, all Spirituous Liqueurs and Alcoholic

REGISTRATIONS OF TRADEMARK CLASS THIRTY-THREE:

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