TRADEMARK CLASS TWENTY-EIGHT

The owner of the mark need to file the trademark application as it helps to identifies under which class the goods or services owner applying for falls. For Instance, “Apple” a famous company in fields of computers, tablets and cell phones and has a logo of half bitten apple. Trademark has been divided into 45 classes, 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.

TRADEMARK CLASS TWENTY-EIGHT

TRADEMARK CLASS TWENTY-EIGHT

INTRODUCTION

The owner of the mark need to file the trademark application as it helps to identifies under which class the goods or services owner applying for falls. For Instance, “Apple” a famous company in fields of computers, tablets and cell phones and has a logo of half bitten apple. Trademark has been divided into 45 classes, 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. If applicant chooses incorrect goods or service marks than it leads to an Office action from Examining Attorney and causes a delay in the trademark application and also in refusal of the application. So it is important for the applicant to choose correct class for registering the trademark. The simplest way to identify class for particular goods or services is to view the United States Patent and Trademark Office’s (USPTO) Trademark identification Manual online. USPTO charges an application fee for per class of goods and services but if applicant applies for multiple trademark classes then he/she receives the broadest protection.

CLASS EIGHTEEN OF TRADEMARK

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 28 includes goods related Games, toys and playthings, Gymnastic and sporting articles, Decorations for Christmas trees, Video game apparatus. This class pertains to Sporting articles and equipment; Festive decorations and artificial Christmas trees; Fairground and playground apparatus; Toys, games, playthings and novelties; parts and fittings of all the aforesaid goods.

The goods which are not classified under Class 28 are Christmas tree candles, Diving equipment, Electrical lamps (garlands) for Christmas trees, Fishing nets, Clothing for gymnastics and sports, Confectionery and chocolate decorations for Christmas trees.

The coordinated trademark classes of Class 28 are: Class 9 – Computers and Scientific Devices, Class 16 – Paper Goods, Class 20 – Furniture, Class 25 – Clothing, Class 35 - Advertising and Business Services, Class 41 – Education and Entertainment Services, and Class 42 – Science and Technology Services.

List of goods under this class: air pistols [toys]; amusement machines, automatic and coin-operated, arcade video game machines, archery implements, artificial fishing bait, artificial snow for Christmas trees, bags especially designed for skis and surfboards, ball pitching machines, balls for games, bar-bells, baseball gloves, batting gloves, bells for Christmas trees, billiard table cushions, billiard balls, candle holders for Christmas trees, caps for pistols (toys), carnival masks, chalk for billiard cues, chess games, chessboards, chest expanders, chips for gambling, toy pistols, toy vehicles, toy models, toy figures, toys for domestic pets, toys, trampolines, twirling batons, video game machines, water wings, waterskis etc.

REGISTERED GOODS UNDER CLASS 28

  • DREAMLAND:

Trademark Description: Toys and Games

  • ML SPORTS

Trademark Description: Games, Toys And Sporting Goods Inculdes Cricket, Tennis, Basketbal, Swiming, Surfing, Snow, Sling Roller Playing Goods, Hockey

  • JAI RUPANA DHAM

Trademark Description: Toys, Dolls, Games and Playthings, Gymnastic and Sporting Articles (Except Clothing) Ornaments and Decorations for Christmas Trees

  • NERF ULTRA

Trademark Description: Toy projectile shooters and accessories

  • HOWZAT

Trademark Description: Games and Playthings, Gymnastic and Sporting Articles

REGISTRATIONS OF TRADEMARK CLASS TWENTY-EIGHT

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