TRADEMARK CLASS TWENTY-NINE

TRADEMARK CLASS TWENTY-NINE

INTRODUCTION

The trademark of any product and services gives the different identities of the brand or the product and separates from the competitors. Trademark Act, 1999 represents the phrase, logo, design, and sequence of colours or shape, etc. The trademark recognized worldwide and also a valuable asset of the business. The benefit of having a trademark is that it can be easily distinguishable your product or services from the other products and symbolizes the uniqueness of a product.

There are different trademark classes defined in the Fourth Schedule of the Trademark Rules, 2002. The total numbers of trademark classes are 45 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. Applicant can choose the broad class under which their goods or services description falls.

CLASS TWENTY-NINE 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 29 includes good related to meat, fish, game and poultry, meat extracts, preserved, frozen, dried and cooked fruits and vegetables. Additionally, it also includes jams, oils, and fats for food, compotes, eggs and milk products. Trademark class 29 mainly pertains to foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation.

The goods which are not classified under Class 29 are some foodstuffs of plant origin, Baby food, Dietetic food and substances adapted for medical use, Dietary supplements, Salad dressings, Fertilised eggs for hatching, Foodstuffs for animals and Live animals.

List of goods includes under this class are albumen for culinary purposes, protein milk, alginates for culinary purposes, almonds, aloe vera prepared for human consumption; anchovy, bone oil (edible), broth / bouillon, broth concentrates / bouillon concentrates, butter, buttercream, caviar, charcuterie, cheese, chocolate nut butter / cocoa butter, clams, coconut butter, coconut, desiccated, coconut fat, coconut oil, compotes, condensed milk, cranberry sauce, fat-containing mixtures for bread slices, edible fats, fatty substances for the manufacture of edible fats, fish fillets, fish (not live), fish (preserved), fish (tinned), fish meal for human consumption, fish mousses, fish roe (prepared), foods made from fish, fruit, preserved etc.

REGISTERED GOODS UNDER CLASS 29

• KANTE

Trademark Description: Edible Oil

• RATHI PEDEWALA SWEETS & BAKERS

Trademark Description: Milk & Milk Products, Preserved, Dried & Cooked, Fruits & Vegetables, Jellies, Jams, Preserves, Pickles

• HOTEL THE GRAND PARADISE

Trademark Description: Meat, Fish, Poultry, Cooked Fruits, Vegetables, Jellies, Jams, Fruit Sauces, Eggs, Milk and Milk Products, Edible Oils, Fats And All Other Items

• SITA

Trademark Description: Refined Rice Bran Oil and All Edible Oils

• DOLLAR

Trademark Description: Pickles

• MANORAMA

Trademark Description: Edible Oils & Fats, Preserves, Pickles, Milk & Other Dairy Products, Eggs, Jams, Jellies, Dried & Cooked Fruits & Vegetables, Meat, Fish, Poultry And Meat Extracts

REGISTRATIONS OF TRADEMARK CLASS TWENTY-NINE

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