What is TRADEMARK CLASS 4

If any mark is able to represent itself graphically it’s coming within the definition of trademark and so also it should be also able to differentiate goods or services of one person from goods and services of other trademarks

What is TRADEMARK CLASS 4

 

INTRODUCTION:

If any mark is able to represent itself graphically it’s coming within the definition of trademark and so also it should be also able to differentiate goods or services of one person from goods and services of other trademark. This mark may be the shape of goods, packaging, colour combination, a symbol, picture, a word, device, logo, label, Number, ticket, letter, heading, Signature, Name, Brand, Shape of Building. It can be combination of all the above things thereof. Trademark is usually has visual represented and also helps in locating the source of Goods or services. Trademark is like movable property and provides status to the owner of trademark.

Trademark has a total of 45 classes according to the NICE classification also known as International Certification of Goods and Services and the manufacture of goods and services are grouped into different classes. Among those 45 classes, 34 classes come under Goods section and 11 classes come under Services sections. Every class requires a different registration and while applying for the Trademark registration, it is necessary to choose the right class. The trademark classification helps avoid this by allowing you to search for a prior trademark in the class that you want to register your trademark in India. Section 7 of the Trademarks Act, 1999 provides that the Registrar shall classify goods and services in accordance with the international classification of goods and services for the purpose of registration of trademarks. And under section 18 of the Act it requires that if any persons applying for a trademark to apply in writing in the manner that is prescribed for the registration.

CLASS FOUR OF THE TRADEMARK ACT:

Trademarks must be applied or registered under classes and each class represents a distinct class of goods or services. The following goods are classified under Class 4: Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. This Class does not include, in particular: certain special industrial oils and greases.

Goods classified under Trademark Class 4 are: Additives (non-chemical, to motor-fuel); Alcohol (fuel); Beeswax; Benzene; Benzol; Bone (oil for industrial purpose); Candles; Carburants; Caster (oil for industrial purpose); Ceresine; Charcoal; Coal; Coke; Combustible briquettes; Diesel oil/ Gas oil; Electrical Energy; Ethanol; Firewood; Fuel Gas; Gas for lightning; Gasoline; Grease for footwear; Grease for arms; illuminating grease; illuminating wax; industrial oil; Kerosene; lightning fuel; lignite; lubricants; lubricating grease and graphite; motor oil; mineral fuel; oil-gas; oils for paints; perfumed candles; petrol; petroleum jelly for industrial purpose; petroleum, raw or refined; producer gas; stearine; sunflower oil for industrial purposes; textile oil; wax; wicks for candles; wood spills for lightning; wool grease; xylene; xyol. 

If the mark is being used in commerce, then you must furnish a specimen of this mark as consumers see it .It is necessary for the specimen to show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a tag, label, or container for the goods, or a display which is associated with the goods. In most cases, the label is an acceptable specimen, if the trademark is applied to the goods or the containers for the goods in Class 1 by means of labels. Mailing or shipping labels may be accepted if proper usage is shown and if they are fixed to the goods or to the containers for the goods .It is not acceptable if the mark shown is just used as a trade name and not a trademark.

 

  • VIVOLINE

Trademark description: the lubricant oil, break oil & engine oil

  • AROIL

Trademark description: industrial oils and greases, lubricants, dust absorbing, wetting and binding compositions, fuels and illuminants

  • RBOL

Trademark description: Industrial Oil & Grease, Lubricants, Lubricating Oils & Greases, Engine Oil, Motor Oil, Gear Oil, Lubricating Fluid and Fuels (including Motor spirit).

  • JAKSON POWER

Trademark description: Lubricants, industrial oil, engine oil, break oil and grease

  • PDPL SWARAJ

Trademark description: industrial oils and greases, lubricants, mobil oils

  • PAPRIKA TOKRI

Trademark description: candles; industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; wicks for lighting.

REGISTRATION OF TRADEMARK CLASS 4:

Trademark Search

Search for any identical or similar mark that is already available with Trademark Registry. Trademark Search has to be directed by the Trademark Registry Online Website.

Trademark Application Filing

After completion of the Trademark search, the Application for Trademark Registration will be filed with the Trademark Registrar. When the application is ready with the required details, the owner will file the Trademark Registering Application online or offline. For online application, Digital Signature Certificate is required, while, instead, for offline filing, an application has to be sent to the Trademark Registry office. Later the application is filed, the Registrar will review the application for any disagreements in it. 

Application for Allotment of Trademark

The application filed with the Trademark Registrar, then a Trademark Application Allotment Number, has to be provided within 2-3 working days. The Trademark Application can be traced online. After attaining the Trademark Application Allocation Number, the owner can use a TM symbol next to its logo.

Trademark Examination

The Trademark Application is sent to the Trademark Officer in the Trademark Registry Office to review the Trademark Application and check for the accuracy and issue of the Trademark Examination Report.

Publication of Trademark in a Trademark Journal

The anticipated Trademark is circulated in the Trademark Journal. The Trademark Journal contains all Trademarks that are accepted by the Trademark Registrar. The public has the chance to oppose the Trademark Registration if they consider that there will be damaged if the Trademark gets registered. If no objections are filed within 90 days, then the Trademark will be recorded permanently for the entity registering for Trademark.

Registration of Trademark

If there is no objection filed with the Trademark Registrar regarding the Trademark Application and Trademark Journal, a Trademark Certificate will be issued.

 

Research By - 

Sameeksha Shukla

 BB.A LL.B (Hons.) specialization in Corporate Law ( 5th year)