Trademark Class 1: Items Classified as Chemical Product

The term “Trademark Class 1” denotes the Trademark Registration of the items used in the industry of Science and Agriculture. This class also deals with the product or chemical used in the production of items belonging to other classes.

In this blog, we will talk about the Items or the Chemical Products covered under the Class 1 of the Trademark Classes.

Concept of Trademark Classification

The term “Trademark” denotes the Intellectual Property Protection given to the Brand, Symbol, or Logo of a Company.

In contrast, the term “Trademark Classification” denotes the Classes or Categories of the Goods and Services for Online Trademark Registration. There are 45 different Trademark Classes, which are made as per the ICGS (International Certification of Goods and Services)^[1] , popularly known as “NICE Classification”.

Further, this classification is bifurcated in two parts, which are

1. Trademark Classes for Goods;
2. Trademark Classes for Services;

Furthermore, Section 13 of the Trademark Act 1999 deals with the provision concerning Classes of Trademark in India.

Concept of Trademark Class 1

Among all the classes of trademark, Trademark Class 1 is not that popular among the consumers as they do not frequently come across the goods sold in this class. The companies obtaining registration under this class are mainly the ones dealing in Chemicals, such as DuPont.

Online Tools Available For Trademark Classification

The online tools available for Trademark Classification are as follows:

1. NICE Classification Tool: This classification tool is provided by the World Intellectual Property Organisation (WIPO);
2. TM Class Tool: This classification tool is provided by the European Union Intellectual Property Office (EUIPO);

Sub Categories of Class 1 of Trademark Classes

The Sub Categories of Class 1 of Trademark Classification are as follows:

Plastics and Resins

The items included in this sub-category are as follows:

1. Plastisol;
2. Plasticizers;
3. Dispersions of Plastics;
4. Compositions for Manufacturing Phonograph Records; and
5. Synthetic Materials and Products that absorb oil;

Agricultural Products

The items or the products covered in this category are as follows:

1. Manure;
2. Fertilizers;
3. Insecticides;
4. Weed Killers;
5. Fungicides; and
6. Other related chemical products;

Industrial Adhesives

This category includes the products:

1. Adhesives for Tiles;
2. Wallpaper Adhesives;
3. Industrial use Glue;
4. Waterproofing Cement Preparations;
5. Leather Glues; and
6. Other Items in this regard;

Chemicals used in Photography and Films

The items included in this sub-category of Class 1 are as follows:

1. Film Paper;
2. Still Film;
3. Cinematographic Film;
4. Photography Development Solutions;
5. Self Toning Photography Paper;
6. X-ray Films;
7. Any other Chemicals or Adhesive related to Film Creation and Production;

Material used for Food and Beverages

The Chemicals or the Products covered under this category are:

1. Artificial Sweeteners;
2. Preserving Agents for Beer;
3. Food Enzymes;
4. Chemicals used for Food Preservation;
5. Any other related product;

Chemicals for Water Treatment

 This sub-category includes the following items or chemicals:

1. Water Softeners;
2. Chemicals for Water Purification;

Goods Not Covered under Trademark Class 1 

The goods that are not covered under the ambit of Trademark Class 1 are as follows:

1. Natural Resins;
2. Chemical Products or Compositions used in Chemical Science;
3. Fungicides, Herbicides, and related preparations for Destroying Vermin;
4. Salts used for the Process of Food Preservation;
5. Straw Mulch;
6. Adhesives or Chemicals used for Household and Stationery Purposes;
7. Any other related Chemical

Concept of Coordinated Classes

If in case the applicant is not sure whether he/she should go for Class 1 Trademark Registration or not, then he/she can consider the following Trademark Classes as well:

1. Trademark Class 5: Medical Science Chemical Products;
2. Trademark Class 17: Rubber Products;
3. Trademark Class 35: Advertising and Business Services;
4. Trademark Class 42: Science and Technology Services;
5. Trademark Class 44: Medical and Vet Services;

These classes are also known as “Coordinated Classes”. The term “Coordinated Class” refers to the class which relates to another class. This concept was given by USPTO (United States Patent and Trademark Office). As per USPTO, an applicant who is filing an application in Trademark Class 1 often needs to file the same in the coordinated classes as well.

Further, the mechanism of trademark registration is developed based on a class system. That means the registration fee for each Trademark Class varies with each other.

Conclusion

At last, we can rightfully state that Trademark Classes play a crucial role in the Process of Trademark Registration. That means the applicant must mention the correct trademark class while applying for Trademark Registration. In case of incorrect class, the registration process will start again from zero level.

However, an expert in IPR can ensure that the registration process goes smoothly and hassle-free so that the applicant can save both time and money in the long run. Also, it helps the applicant is avoiding costly mistakes.

At Swarit Advisors, we have a team of IPR experts who will make the registration process easy and straightforward and will assist in the process of Trademark Renewal and Trademark Objection as well.