List of Precious Metals Included under Trademark Class 14

The term “Trademark Class 14” signifies a classification/ group/ class that deals primarily with goods, such as Precious Stones, Metals, Jewellery, etc. However, it shall be significant to mention that this class does not include any chronometric and horological instruments, general jewellery, clocks, and watches.

In this blog, we will discuss the concept of Trademark Class 14 and the List of Items termed as Precious Metals.

Concept of Trademark Registration

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

Also, it means a Phrase, Word, Name, Design, Symbol, Letters, Combination of Color, or Numbers, or any other instrument that Distinguishes and Classifies the goods and services in the marketplace.

Further, the term Trademark Registration means the procedure under which a service provider and manufacturer can get his/ her services and goods registered under the provisions of the Trademarks Act 1999.

Moreover, it shall be noteworthy to mention that a ‘registered trademark’ remains valid for 10 years, commencing from the date of registration. Similarly, the same is capable of “Trademark Renewal” as well.

Additionally, a ‘registered trademark holder’ has the authority to ‘sue the third party’ in the event of Trademark Infringement.

Laws Regulating the Process of Trademark Registration

In India, the Law regulating the Process of Trademark Registration is known as the Trademarks Act 1999. Further, the Authority competent to Regulate and Administer the process of Trademarks in known as Controller General of Patents Designs & Trademarks (CGPDT).

Need for Trademark Registration in India

The main reason as to why it is suggested to every ‘service provider’ and ‘manufacturer’ to apply for the “Registration under Trademark” on an obligatory basis is that it works to ‘preserve’ the ‘uniqueness’, ‘individuality’, and ‘distinctiveness’ of the Goods and Services.

Concept of Classification under the Trademarks Act 1999

The groups or the criteria under which an individual can apply for the Registration under Trademarks Act are termed as Trademark Classifications.

Further, these classes are derived based on the criteria prescribed in the ‘NICE Classification’. Now, there are 45 distinct Classes of Trademark given under the provisions of the Trademarks Act 1999^[1].

Furthermore, classes 1 to 34 are regarded as the TM Classes for Goods, and the classes left, i.e., classes 35 to 45, are classified as Trademark Classes for Services.

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

Significance of Trademark Classes

The point of significance of Trademark Classes are as follows:

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

Tools for the Online Trademark Classification

The Online Trademark Tools available are as follows:

TM Class Tool

It was coined by the European Union Intellectual Property Office;

NICE Classification

It was coined by the World Intellectual Property Organisation;

Concept of Trademark Description

The ‘general explanation’ provided for each Class of Trademark is known as Trademark Description. Further, the main aim of the Trademark Description is to provide an explicit class for each good and service.

Concept of Trademark Search in India

The process of selecting a correct Trademark Class for a good or service is known as Trademark Search or Trademark Public Search.

Also, the other name for the process of Trademark Search is Trademark Public Search. Apart from this, the database used is termed as the Indian Trademark Registry Database (ITRD).

Concept of Trademark Class 14

The term “Trademark Class 14” signifies a classification/ group/ class that deals primarily with goods, such as Precious Stones, Metals, Jewellery, etc.

However, it shall be significant to mention that this class does not include any chronometric and horological instruments, general jewellery, clocks, and watches.

Also, Read: Trademark Registration Importance

Items Included under Trademark Class 14

The Items covered under the Trademark Class 14 are as follows:

1. Statues and Figurines;
2. Precious Metals;
3. Precious Alloys;
4. Key Rings, Key chains, and charms;
5. Jewelry Items;
6. Jewellery Charms;
7. Jewellery Boxes;
8. Imitation Jewelry;
9. Jewelry of Precious Metal and Stones;
10. Horological and Chronometric Instruments;
11. Goods made of Precious Metal;
12. Gemstones and other Expensive Stones;
13. Cuff Links;
14. Tie Pins;
15. Component parts for Jewellery, Watches or Clocks; 
16. Clocks and Watches;

Items Not Included under Trademark Class 14

The items not included under Trademark Class 14 are as follows:

1. Teapots under the Trademark Class 21;
2. Smart Watches under the Trademark Class 9;
3. Pen Nibs of Gold under the Trademark Class 16;
4. Goods made of Precious Metals and classified as per the Function or Purpose under the Trademark Class 2;
5. Gold and Silver embroidery under the Trademark Class 26;
6. Electric Contacts under the Trademark Class 9;
7. Cutlery under the Trademark Class 8;
8. Cigar Boxes under the Trademark Class 34;
9. Mixture of Gold for Dentists under the Trademark Class 5;
10. Work of Art made from Metal under the Trademark Class 6;
11. Concrete or Marble Objects under the Trademark Class 19;
12. Wax, Plaster or Plastic under the Trademark Class 20;
13. Terra-Cotta or Glass Objects under the Trademark Class 21;

Related Classes for Trademark Class 14

The term Related Classes deals with an event in which a good or service falls under two or more Trademark Classes.

Further, the classes that have a close knit with the Goods mentioned under the Trademark Class 14 are as follows:

1. Clothing under the Trademark Class 25;
2. Lace and Embroidery under the Trademark Class 26;
3. Advertisement and Business Services under the Trademark Class 35;
4. Science and Technology Services under the Trademark Class 42;
5. Material and Treatment Services under the Trademark Class 40;
6. Construction and Repairs under the Trademark Class 37;

It shall be relevant to state that the concept Coordinated Classes was coined by the USPTO or the United States Patent and Trademark Office.

Moreover, as per USPTO, any person who wants to apply for Trademark Registration under Class 13 of the Trademark Classes, must furnish an application in all the other connected classes too.

Conclusion

In a nutshell, the notion of Trademark Classes plays a vital role in the course of Trademark Registration. Besides this, it is necessary for every individual to specify the correct Group for Trademark Registration.

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

Further, all the goods, such as Precious Stones, Metals, Jewellery, etc., are covered under Trademark Class 14.

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

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