Trademark Class 13: Items Termed as Firearms and Explosives

The term “Trademark Class 13” denotes a classification/ group/ class that deals predominantly deal with goods, such as Firearms, Weapons, Explosive Substances, Ammunition, and Projectiles.

In this blog, we will discuss the notion of Trademark Class 13 and the goods termed as Heating, Lighting, and Cooking Appliances.

Concept of Trademark Registration

The term “Trademark” denotes one of the three pillars of Intellectual Property rights. The other two pillars are copyright and patent.

Further, the term “Trademark” signifies a Word, Name, Phrase, Design, Symbol, Combination of Color, Letters, or Numbers, or any other device that Distinguishes and Identifies goods and services in the marketplace.

Moreover, the term “Trademark Registration” denotes the procedure under which a manufacturer or service provider can get his/ her goods or services registered under the provisions of the Trademarks Act 1999.

Also, it shall be noteworthy to mention that a “registered trademark” remains valid for ten years, starting from the date of getting registration. Likewise, the same is qualified for “Trademark Renewal” as well.

Governing Authority for Trademarks in India

In India, the term “Governing Authority” means the Controller General of Patents Designs and Trademarks (CGPDT). In contrast, the term “Governing Law” denotes the Trademarks Act 1999.

Reasons to Choose Trademark Registration

In India, the reasons for getting a Trademark Registration are as follows:

1. It works as a ‘Valuable Asset’ for a manufacturing or business entity;
2. Helps in ‘Segregating’ the goods of two competitors;
3. Acts as the ‘Armor” against duplication and misuse;
4. “Safeguards” the services and goods of a Registered Trademark Holder;

Objective of Trademark Registration

The utmost objective behind the notion of Trademark Registration in India is to ‘differentiate’ and ‘separate’ the ‘trademarks and service marks’ belonging to the goods and services of a particular class.

Therefore, it is always advised that every service provider and manufacturer must apply for Registration under Trademark.

Concept of Trademark Classification under Trademarks Act 1999

The groups/ classes/ classifications under which a manufacturer or a service provider can apply for the Registration are termed as Classes for Trademark.

Further, these classifications or groups are made out based on the standards prescribed in the “NICE Classification”.

Currently, there are 45 different available under Trademark Classification given under the Trademarks Act 1999^[1].

Furthermore, classes 1 to 34 are characterized as ‘TM Classes for Goods’, and the remaining classes, i.e., classes 35 to 45, are termed as ‘TM Classes for Services’.

Also, it shall be significant to mention that at present, there are 8000 plus services and goods covered under the title of Trademark Classifications.

Significance of Trademark Classifications

The significance of Trademark Classification can be summarised as:

1. Offers basis for the Registration under Trademarks Act;
2. Helps in determining the cases of Infringement;

Tools for Online Trademark Classes

The Online Trademark Tools available for Trademark Search are as follows:

TM Class Tool

TM Class Tool was coined by the ‘EUIPO’ or ‘European Union Intellectual Property Office’;

NICE Classification

NICE Classification had been given by the ‘WIPO’ or ‘World Intellectual Property Organisation’;

Concept of Trademark Description

The term ‘Trademark Description’ signifies the ‘general explanations’ provided for each Trademark Class. Further, the main objective of these explanations is to provide a specific class or group for each good or service.

Also, Read: How to Choose Correct Trademark Class for Trademark Registration in India

Concept of Trademark Search in India

Whenever an individual wants to choose a correct class or group for his/ her goods or services, then the procedure that he/she needs to follow is termed as ‘Trademark Public Search’ or ‘Trademark Search’.

Also, the other names for Trademark Search are ‘TM Search’, ‘Trademark Public Search’, and ‘Public Search’.

Besides this, the database used in the process of TM Search is termed as Indian Trademark Registry Database (ITRD).

Concept of Trademark Class 13

The term “Trademark Class 13” denotes a classification/ group/ class that deals predominantly deal with goods, such as Firearms, Weapons, Explosive Substances, Ammunition, and Projectiles. However, it shall be relevant to note that “Matches” are not covered under the ambit of Trademark Class 13.

Items Included under Trademark Class 13

The items covered under the Trademark Class 13 are as follows:

1. Artillery Guns;
2. Air Pistols;
3. Ammonium nitrate explosives;
4. Ammunition and Projectiles;
5. Ballistic weapons/missiles;
6. Belts adapted for ammunition;
7. Bengal lights;
8. Breeches of firearms;
9. Cannons;
10. Weapons;
11. Cartridge Loading Apparatus;
12. Cartridge pouches;
13. Cartridges;
14. Cleaning brushes for firearms;
15. Detonating caps other than toys;
16. Dynamites;
17. Explosives;
18. Explosive Substances and Devices;
19. Explosive powders;
20. Fireworks;
21. Firecrackers;
22. Firing platforms;
23. Flare pistols;
24. Fuses for explosives;
25. Gun carriages;
26. Guncotton;
27. Gunpowder;
28. Gunpowder;
29. Gunstocks;
30. Hammers for guns and rifles;
31. Harpoon guns;
32. Hunting firearms;
33. Lead shot for hunting;
34. Mines;
35. Mortars;
36. Machine guns;
37. Motorized weapons;
38. Noise-suppressors for guns;
39. Pistols;
40. Projectiles [weapons];
41. Pyrophoric substances;
42. Revolvers;
43. Rifle barrels;
44. Rifle cases;
45. Rocket launchers;
46. Rockets [projectiles];
47. Shells [projectiles];
48. Shoulder straps for weapons;
49. Sidearms [firearms];
50. Sighting mirrors for guns and rifles;
51. Sights, other than telescopic sights;
52. Signal rockets;
53. Tanks [weapons];
54. Tear-gas weapons;
55. Trigger guards for guns and rifles;
56. Trunnions for heavy weapons;

Items Not Included under Trademark Class 13

The items not included under Trademark Class 13 are as follows:

1. Matches and Tobacco Products under the Trademark Class 34

Coordinated Classes for Trademark Class 13

The term ‘Coordinated Classes’ deals with a situation in which a good or service falls under the ambit of two or more Trademark Classes.

Also, the classifications or groups that have a close-knit with the Goods specified under the Trademark Class 13 are as follows:

1. Games and Sporting Goods under the Trademark Class 28;
2. Advertising and Business Services under the Trademark Class 35;
3. Science and Technology Services under the Trademark Class 42;
4. Legal and Security Services under the Trademark Class 45;

Further, the notion of “Coordinated Classes” was given by the USPTO. Furthermore, the term USPTO stands for the United States Patent and Trademark Office.

Moreover, as per the USPTO, any individual who wants to apply under Trademark Classes 13 of the Trademark Classes, needs to submit an application in all the other related classes too.

Conclusion

In a nutshell, the idea of Trademark Classes plays a crucial role in the course of Trademark Registration. Also, it is necessary for every applicant to provide the correct Class for Trademark Registration.

However, it shall be noteworthy to state that even a minute mistake in the registration form can result in the rejection of the application form.

Further, all the goods, such as Firearms, Weapons, Explosive Substances, Ammunition, and Projectiles, are covered under Trademark Class 13.

Lastly, in the case of any doubt and issue, reach out to Swarit Advisors, our experts will assist you in both ‘Trademark Search’ and ‘Trademark Registration’.

Also, Read: Top Things to Know Before Registering a Trademark in India