TRADEMARK CLASS TWENTY-SIX

TRADEMARK CLASS TWENTY-SIX

INTRODUCTION

Trademark differentiate the goods sold by two or more organization, it represents signs, symbol or mark. The Registered Trademark gives the right to the owner to protect their trademark and to file an infringement if any other person uses that registered trademark of the owner. The goods and services are classified into different classes under Trademark Act, 1999. There are total 45 different classes, 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.

The purpose of the Trademark is to avoid the confusion among the consumer, so while registering the trademark applicant make sure to register the mark in correct class and should careful that they do not infringe on an already existing mark.

CLASS TWENTY-SIX 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.

Class 26 mainly related to Lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers, hair decorations, false hair. This following goods do not form the part under class 26 they are: Certain types of hooks, Certain types of needles, Hair prostheses (Class 10), Yarns and threads for textile use (Class 23), False eyelashes (Class 3), key rings or key chains (Class 14), Jewellery charms (Class 14). The Coordinated classes for this class are: (Class 23) Yarns and Threads; (Class 24) Textiles; (Class 35) Advertising and Business Services; (Class 42) Science and Technology Services.

List of goods registered under Class 26:

• Accessories for apparel, sewing articles and decorative textile articles, badges for wear, beads other than for making jewellery, not of precious metal, belt clasps, binding needles, bobbins for retaining embroidery floss or wool [not parts of machines], blouse fasteners/dress body fasteners, bodkins, boxes for needles, brassards/arm bands [clothing accessories], braids, brooches [clothing accessories], buckles [clothing accessories], buttons, collar supports, cords for clothing, cords for rimming, corset busks/whalebones for corsets, for clothing, darning needles, darning lasts, edgings for clothing, embroidering crochet hooks etc.

• Artificial fruit, flowers and vegetables, artificial fruit, artificial flowers, artificial plants, artificial garlands, wreaths of artificial flowers.

• Hair ornaments, hair rollers, hair fastening articles, and false hair, bows for the hair, false moustaches, false beards, hair bands, hair pins, hair grips, hair ornaments, hair curling pins, hair nets, hair colouring caps/hair colouring caps, hair curlers, hair curling papers, hair extensions, other than hand implements

REGISTERED GOODS UNDER CLASS TWENTY-SIX

• GARDEN OF ANGELS

Trademark Description: Lace and Embroidery, Ribbons and Braid; Buttons, Hooks And Eyes, Pins And Needles; Artificial Flowers

• SWEETOO

Trademark Description: Lace and Embroidery, Ribbons and Braid; Buttons, Hooks And Eyes, Pins And Needles; Artificial Flowers

• BLACKBOND

Trademark Description: Deals in Artificial Flowers, Bows for the hair, Braids, Decorative articles for the hair, Elastic Ribbons, False Hair, Hair Bands, Hair Grips/Bobby Pins, Hair Curling Pins, Hair nets, Hair Pins, Hair Nets, Hair Extensions, Hair Curlers other than hand implements, Human Hair.

• LIMOR

Trademark description: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

• BENELUX

Trademark Description: Fancy Goods (Embroidery), Lace And Embroidery, Ribbons And Braid; Buttons; Hooks And Eyes; Pins and Needles, Artificial Flowers; Buckles (Clothing Accessories); Shoe Buckles; Brooches(Clothing Accessories); Artificial Garlands, Elastic Ribbons; Imitation Jari, Zip Fasteners

REGISTRATIONS OF TRADEMARK CLASS TWENTY-SIX

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