TRADEMARK CLASS TWENTY

TRADEMARK CLASS TWENTY

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 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 20 includes furniture, mirrors; goods (not included in other classes) of wood, wicker, horn, bone, ivory, whalebone, shell, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. The class broadly includes: Metal furniture and furniture for camping; Bedding (for example, mattresses, spring mattresses, pillows); Looking glasses and furnishing or toilet mirrors; Registration number plates not of metal; Letter boxes not of metal or masonry. Therefore, Trademark Class 20 also includes mainly furniture and its parts and plastic goods, not included in other classes.

The Coordinated Classes for class 20 are Special furniture for laboratories (Class 9) or for medical use (Class 10). Outdoor metal (Class 6), not metal and textile (Class 19), textile (Class 22). Bed linen, eiderdowns and sleeping bags (Class 24), mirrors used in optical goods (Class 9), mirrors used in surgery or dentistry (Class 10), rear view mirrors (Class 12), sighting mirrors for guns (Class 13), beads for making jewellery (Class 14), wooden floorboards (Class 19), baskets for domestic use (Class 21), plastic cups (Class 21), reed mats (Class 27).

List of Goods under class 20 of trademark act: air pillows, not for medical purposes air cushions, not for medical purposes; air mattresses, not for medical purposes; ambroid bars; ambroid plates; animal claws; animal horns; animal hooves; armchairs; bamboo; bamboo curtains; barrels, not of metal; baskets, not of metal; bathtub grab bars, not of metal; bead curtains for decoration; bed fittings, not of metal; bed casters, not of metal; bed bases; clips, not of metal, for cables and pipes; closures, not of metal, for containers; clothes hooks, not of metal; clothes hangers; coat hooks, not metal / hooks, for clothes rails; coffin fittings, coffins; collars, for fastening pipes; comb foundations for beehives; decorations of plastic for foodstuffs; Desks; furniture; display boards & stands; divans; dog kennels; door fittings & handles, not of metal; door bolts, not of metal; door bells, not of metal, non-electric; door knockers, not of metal; doors for furniture, etc.

REGISTERED GOODS UNDER CLASS TWENTY:

• LINX

Trademark Description: Water Pipes and Pipe Fittings of Plastics.

• KANGAROO FURNITURE:

Trademark Description: Furniture

• JAL SAGAR

Trademark Description: PVC Water Tanks Made Of Plastic

• TAYOHYA

Trademark Description: Furniture, Office Furniture, Tables Chairs, Beds, Sofas, Divans, Chests Of Drawers Dressing Tables, Mattresses, Furniture Shelves, Racks (Furniture), Screens, (Furniture) Plate Racks, Sideboards, Cupboards, Umbrella Stands Flower Stands.

• REALSPACE SOHO:

Trademark Description: Office Furniture

REGISTRATIONS OF TRADEMARK CLASS FOURTEEN:

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