Trademark Registration

List of Musical Instruments under Trademark Class 15

Trademark Class 15
Shivani Jain
| Updated: Oct 19, 2020 | Category: Trademark

The term “Trademark Class 15” signifies a class/ classification/ group that deals principally with Musical Instruments.

Further, the term “Musical Instruments” denotes Electrical and Electronic Musical Instruments, Keyboard Instruments, Woodwind Instruments, Percussion Instruments, Mechanical Pianos and Accessories of these, Brass Instruments, Musical Boxes, Musical Accessories, etc.

In this blog, we will discuss the concept of Trademark Class 15 and the List of Items termed as Musical Instruments.

Concept of Trademark Registration

The term “Trademark” implies one of the three bases of IPR (Intellectual Property Right). However, the other two are copyright and patent.

Also, it means a symbolic representation that aims to safeguard Symbol, Phrase, Word, Combination of Color, Name, Design, Letters, or Numbers or any other instrument. In other words, it distinguishes and classifies the goods and services in the marketplace.

Further, the term “Trademark Registration” depicts the procedure under which a service provider and manufacturer can obtain Registration for his/ her services and goods under the provisions of the Trademarks Act 1999.

Moreover, it shall be significant to note that a ‘registered trademark’ has a validity of 10 years, beginning from the date of registration. In the same way, it is capable of Trademark Renewal as well.

Additionally, it shall be relevant to state that a registered trademark holder has the power to sue the third party in the event of Infringement.

Laws Governing Trademark Registration

In India, the law governing the Process of Trademark Registration is termed as the Trademarks Act 1999.

Further, the competent authority to regulate and govern the process of Trademarks Registration in India is known as Controller General of Patents Designs and Trademarks (CGPDT).

Need for Trademark Registration

The main object as to why it is advised to every ‘service provider’ and ‘manufacturer’ to mandatorily apply for the Online Trademark Registration is to ‘uphold’ the ‘exclusivity’, ‘individuality’, and ‘uniqueness’ of the Goods and Services.

Also, Read: How To Get The Music License In India

Concept of Trademark Classifications

The criteria or groups under which an applicant can apply for the Trademarks Registration are known as Trademark Classifications.

Further, these classes or criteria are coined based on the classes prescribed in the ‘NICE Classification’. As a result, there are 45 Classes given under the head of Trademark Classes.

Besides this, classes 1 to 34 are observed as the Trade Mark Classes for Goods, and the remaining classes, i.e., classes 35 to 45, are regarded as Trade Mark Classes for Services.

Likewise, it will be significant to note that there are more than 8000 services and goods covered under the heading of Trademark Classifications.

Importance of Trademark Classes

TM Class 15 importance

The points of importance of Trademark Classes are as follows:

  1. Helps in Identifying the occasions of Infringement;
  2. Offers the basis for Trademark Registration;

Tools for the Online Trademark Classification

TM15 class classifications

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

NICE Classification

It was devised by the World Intellectual Property Organisation;

TM Class Tool

It was devised by the European Union Intellectual Property Office;

Concept of Trademark Description

The ‘general explanation’ given for each Trademark Class is known as Trademark Description. Further, the main object of the Trademark Description is to offer an explicit class or group for each good and service.

Concept of Trademark Search in India

The process of choosing a correct Trademark Class for a service or good is known as Trademark Search or Trademark Public Search. Apart from this, the other name for this process is Trademark Public Search.

Also, the database used for the process of Trademark Search is known as the Indian Trademark Registry Database (ITRD).

Concept of Trademark Class 15

The term “Trademark Class 15” signifies a classification/ group/ class that deals principally with Musical Instruments.

However, it shall be relevant to mention that this class does not include any Transmission of Sound Amplification, Reproduction of Sound Amplification, and Apparatus for the Recording.

Items Included under Trademark Class 15

TM Class 15 Items included

The Items covered under the Trademark Class 15 are as follows:

Accordions CastanetsGuitarsPianoSaxophonesTalves
Bagpipes Catgut HarmonicasMusic standsSheng Violas
Balalaikas Chin rests for violinsHarmoniumsMusic synthesizersStands Violins
Bamboo flutesClarionetsHarpsMusical boxesSticks Wind pipes for organs
BandonionsClarionsHats with bells Mutes Stringed Xylophones
BanjosConcertinasHorns OboesStrings Zithers
Barrel organsCornets Huqin OcarinasSuona
BassesCymbalsJews’ harps OrgansTambourines
Bellows Double bassesKettledrum framesPedals Tom-toms
Bow nutsDrumheads KettledrumsPiano stringsTriangles
Bridges – Musical InstrumentsDrums Keyboards IstrumentsPiano keysTrombones
Buccins [trumpets]DrumsticksLyresPipa Trumpets
CarillonsElectronic instrumentsMandolinsPlectrums Tuning hammers
Musical Instruments CasesFlutesMouthpieces ReedsTuning forks

Items Not Included under Trademark Class 15

The items not included under Trademark Class 15 are as follows:

  1. Transmission of Sound Amplification, Reproduction of Sound Amplification, and Apparatus for the Recording under Trademark Class 9;

Coordinated Classes for Trademark Class 15

TM Coordinated Class 15

The term Coordinated Classes depicts a situation in which a good or service falls under more than two Trademark Classes[1].

Further, the classes or groups that have a close-knit with the Goods specified under the Trademark Class 15 are as follows:

  1. Games and Sporting Good under Trademark Class 28;
  2. Advertising and Business Services under Trademark Class 35;
  3. Education and Entertainment Services under Trademark Class 41;
  4. Services and Technology Services under Trademark Class 42;

It shall be noteworthy to state that the idea Related Classes was coined by the USPTO (United States Patent and Trademark Office).

Moreover, as per USPTO, any individual who wants to obtain Trademark Registration under Class 15 of the Trademark Classes, needs to furnish an application in all the other associated classes too.

Conclusion

In a nutshell, the notion of Trademark Classification plays a vital role in the process of Trademark Registration. Apart from this, it is necessary for every applicant to specify the correct class for Trademark Registration.

However, it shall be pertinent to mention that even a minute mistake in the registration process can consequence in the cancellation or rejection of the application form.

Further, all the goods, such as Electrical and Electronic Musical Instruments, Keyboard Instruments, Woodwind Instruments, Percussion Instruments, Mechanical Pianos and Accessories of these, Brass Instruments, Musical Boxes, Musical Accessories, etc., are covered under the ambit of Trademark Class 15.

In case of any other doubt or dilemma, reach out to Swarit Advisors, our experts will guide you with the process of Trademark Search and Trademark Registration.

Also, Read: Know the Trademark Opposition Procedure in India

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Shivani Jain

Shivani has completed her B com LLB (Hons) and has the experience of writing various research papers during her college time. Earlier she was working as an Associate in a Delhi based Law Firm, but her interest in writing made her pursue Legal Content Writing as a career. Her core area of interest is in writing about various legal enactments, tax, and finance.

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