TRADEMARK CLASS THIRTY-ONE

TRADEMARK CLASS THIRTY-ONE

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 THIRTY-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.

Trademark Class 31 pertains to agricultural and horticultural goods and products. Trademark Class 31 includes grains, agricultural, horticultural and forestry products, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt. The following goods are also classified under Class 31: Raw woods and cereals, Fertilised eggs for hatching, Mollusca. Therefore, Trademark Class 31 mainly related to land products not for consumption purpose, live animals, live plants and food products for animals.

The goods which do not form a part of Class 31 are Micro organisms of Cultures and leeches used for medical use, Food supplements for animals, Semi worked woods, Rice, Artificial fishing bait, Tobacco.

The coordinated classes under class 31 are (Class 5) Pharmaceuticals, (Class 29) Meat, Fish, Poultry, (Class 30) Coffee, Flour, and Rice, (Class 32) Beers and Beverages, (Class 35) Advertising and Business related Services, (Class 42) Science and Technology Services, (Class 43) Food Services , and (Class 44) Medical and Vet Services.

List of goods under class 31 are:

• Live animals, organisms for breeding, bred stock, crayfish(live), crustaceans (live), fertilised, fish spawn, fish (live), lobsters (live), mussels (live) oysters (live), poultry (live), sea-cucumbers (live), shellfish (live), silkworm and silkworms eggs, spiny lobsters( live).

• Agricultural and aqua cultural crops, horticulture and forestry products, maize, Algae, algae used for human as well as animal consumption, seaweed used for human or animal consumption.

• Aloe Vera plants, hop cones, nettles, plants dried for decoration, seedlings, sugarcane, vine plants.

• Fresh fruits, nuts, vegetables and herbs, almonds beans, fresh beet, berries (fresh fruits), chestnuts (fresh), chicory roots, citrus fruit, cocoa beans (raw).

• Malts and unprocessed cereals, barley, bran, grains (cereals), malt for brewing and distilling, oats, rice, unprocessed, rye, wheat.

• Flowers, natural flowers dried for decoration, Sesame, wreaths of natural flowers.

REGISTERED GOODS UNDER CLASS 31

• GROBIG

Trademark Description: Non-Medicated Additives for Foodstuffs for Animals

• RAIGURU

Trademark Description: Scented Supari , Mithi Supari, Mouth Freshners and Sada Pan Masala

• YASH RAJ

Trademark Description: Agricultural, Horticultural and Forestry Products and Grains which are not part of other class, Live Animals, Fresh Fruits and Vegetables, Seeds, Natural Plants and Flowers, Foodstuffs for Animals, Malt

• PANRAAS

Trademark Description: Mukhwas, Mixture, Sweet Supari, Chaliq Supari, Mouth Freshner, Meetha Masala, Pan Masala, Kattha and Sounf.

• PLEAZURE

Trademark Description: Betelnut Powder, Supari, Sweet Supari, Scented Supari, Mouth Freshner, Pan Masala.

REGISTRATIONS OF TRADEMARK CLASS THIRTY-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