TRADEMARK CLASS THIRTY-TWO

TRADEMARK CLASS THIRTY-TWO

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 TWENTY-TWO

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 class 32 of trademark are associated with the various light beverages, non-alcoholic drinks, and fruit juices. Trademark Class 32 includes beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and other goods used for making beverages. Additionally, this class also classified goods related to De-alcoholised beverages, non-alcoholic beverages, as well as beer. The goods not be classified under Class 32 are Beverages for medical purposes, Milk beverages (milk predominating), Beverages with coffee, cocoa, chocolate or tea base.

Coordinated Classes for the Class 32 are (Class 5) Pharmaceuticals, (Class 29) Meat and Fish Poultry, (Class 30) Coffee, Flour and Rice (Class 31) Grains and Agriculture, (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 32 are:

• Beer and brewery products, beer, kvass (non-alcoholic beverage), malt beer.

• Non-alcoholic beverages are aloevera drinks, aperitifs (non-alcoholic) cider (non-alcoholic), cocktails (non-alcoholic) isotonic beverages (non-alcoholic) beverages (non-alcoholic) honey based beverages.

• Non-dairy milk, milk of almonds (beverage), peanut milk (non-alcoholic beverage), Flavored carbonated beverages, ginger beer/ginger ale, lemonades.

• Juices, fruit juices/fruit juice, fruit nectars (non-alcoholic), must have non-alcoholic fruit extracts, non-alcoholic fruit juice beverages, smoothies, tomato juice (beverage), vegetable juices

• Aerated water, lithia water, mineral water (beverages), seltzer water, soda water, table waters, waters

REGISTERED GOODS UNDER CLASS 32

• GANG

Trademark Description: Beers, Mineral and Aerated Waters, Other Non-Alcoholic Drinks, Fruit Drinks and Fruit Juices; Syrups and Other goods for making Beverages

• RENUKA

Trademark Description: Mineral Water, Aerated Water, Soda Water, Lemon Water (Non-Alcoholic Drinks), Soft Drinks, Fruit Drinks, Juices and Syrups

• ENERJET

Trademark Description: Beers, Mineral and Aerated Waters, and Other Non-Alcoholic Drinks, Energy Drinks, Fruit Drinks and Fruit Juices, Syrups and Other goods used for making Beverages

• MOUNT GREEN

Trademark Description: Goods in relation to Mineral and Aerated Waters, and Other Non-Alcoholic Drinks, Fruit Drinks and Fruit Juices, Beers, Syrups and Other Preparations for Making Beverages

• MINUTE MAID

Trademark Description: Beers; Mineral and Aerated Waters and Other Non-Alcoholic Drinks; Fruit Drinks and Juices; Syrups and Other Preparations for Making Beverages.

REGISTRATIONS OF TRADEMARK CLASS THIRTY-TWO

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