TRADEMARK CLASS TWENTY-ONE

TRADEMARK CLASS TWENTY-ONE

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-ONE 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 21 is famous for the goods which belong in the fields of housewares and glassware, and other non-metallic household apparatus and articles. Trademark Class 21 broadly includes the goods related to household or kitchen utensils and containers, combs and sponges, brushes (except paintbrushes), brush-making materials, articles for cleaning purposes, steel wool, unworked or semi-worked glass (except glass used in building), glassware, porcelain and earthenware which are not included in other classes. The other goods classified under Class 21 are Utensils and containers for household and kitchen use, for instance, kitchen utensils, pans of iron, of aluminium, of plastics or of other materials, small hand-operated apparatus for grinding or pressing; Electric combs; Electric toothbrushes; Dish stands and decanter stands.

Therefore, Class 21 of trademark pertain goods of small, hand-operated utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain.

The goods which are not part under class 21 are cleaning preparations, soaps, etc. (Class 3-Cleaning Substances); small apparatus for mincing, grinding, pressing, etc., driven by electricity (Class 7 – Machines); razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Class 8 – Hand Tools); cooking utensils, electric (Class 11 – Appliances), or toilet mirrors (Class 20 – Furniture).

The Coordinated classes of class 21 are Class 3- Cleaning Substances, Class 8 – Hand Tools, Class 20 – Furniture, Class 35 – Advertising and Business Services, Class 42 – Science and Technology Services, and Class 44 – Medical and Vet Services.

List of goods registered under Class 21 are:

• Cleaning materials: brooms, brush goods, material for brush-making, brushes, brushes for footwear, electric brushes, except parts of machines, brushes for cleaning tanks and containers, dishwashing brushes etc.

• Tableware, cookware and containers: non-electric/pressure cookers [autoclaves], non-electric, baking mats, baskets for domestic use, basting spoons, for kitchen use, beaters, non-electric, heat insulated containers for beverages, blenders, non-electric, for household purposes, bottles, boxes of glass, bread boards, bread bins, bread baskets, domestic, butter dishes, butter-dish covers, cooking utensils, non-electric, cooking pot sets, cooking pots, cooking skewers of metal/cooking pins of metal, cruet sets for oil etc

• Glass, drinking, vessels and Barware: beer mugs, bottle openers, cocktail stirrers, corkscrews, decanters, drinking glasses, drinking vessels, drinking flasks for travellers/bottle gourds, flasks, drinking horns.

• Cosmetic and toilets utensils and bathrooms articles: abrasive sponges for scrubbing the skin, baby baths, portable, boxes for dispensing paper towels, chamber pots, comb cases, combs, large-toothed combs for the hair, electric combs, cosmetic utensils, deodorizing apparatus for personal use, eyebrow brushes, make-up removing appliances, perfume vaporizers/perfume sprayers etc.

   

   

REGISTERED GOODS UNDER CLASS 21

• SUGAM

Trademark description: Kitchenware

• WELDON

Trademark Description: Brushes

• HI-TECH

Trademark Description: Pressure Cookers (Non-Electric) And Pressure Pens Made Of Aluminium, Stainless Steel and Brass

• GREHOM

Trademark Description: Candle Stands, Cocktail Shakers, Flower Vases, Hair Brush Holders, Ice Buckets, Napkin Holders, Napkin Rings, Platters, Tea Sets, Tooth Brush Holders, Sculptures And Figurines Of Ceramics, China Crystal

• KRISHNA

Trademark Description: Water Storage Tanks Plastics; Drums, Ghamelas, Pvc, Road Divider, Pvc Kundi (Flower Pot)

REGISTRATIONS OF TRADEMARK CLASS TWENTY-ONE

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