Trademark Class 4: Items Known as Industrial Oil and Greases

The term “Trademark Class 4” denotes a class of trademark that includes all the Industrial Oils, Fuels, Greases, and Illuminates.

In this blog, we will discuss the Class 4 of Trademark Classes and the items classified as oil and greases.

Concept of Trademark

The term “Trademark” denotes a symbol “R” that acts as a shield to protect unique sign, symbol, words, visual representation, and design from imitation. Its main aim is to facilitate differentiation between the goods or services.

Further, it becomes mandatory for a manufacture or service provider to apply for Trademark Registration as early as possible to maintain the uniqueness, individuality, and exclusivity of the Goods and Services. Also, the registration remains valid for a period of 10 years and is eligible for Trademark Renewal as well.

Moreover, a registered trademark holder has the authority to sue a third party for Trademark Infringement.

Regulatory Authority for Trademark

In India, the Controller General of Patents Designs and Trademarks (CGPDT) acts as the governing or regulatory authority for Trademarks. Moreover, the Trademarks Act 1999 acts as the regulatory or governing law for Trademarks.

Concept of Trademark Classes

The categories or the classifications under which an owner or a service provider can apply for Trademark Registration are termed as Trademark Classifications or Trademark Classes.

Further, these classifications are made on the basis of the classes prescribed by the NICE Classification.

In total, there are 45 Classes of Trademark available under the Trademarks Act 1999, out of which 1 to 34 are classified as TM Classes for Goods, whereas the remaining 11 classes, i.e., 35 to 45, are known as TM Classes for Services.

At present, there are more than 8,000 products and services covered under the heading of Trademark Classifications.

Significance of Trademark Classes

The significance of Trademark Classifications can be summarised as follows:

1. Offers Guideline for Trademark Registration in India;
2. Assists in Identifying the cases of Trademark Infringement in India;

Also, Read: Trademark Class 1: Items Classified as Chemical Product

Online Tools Available for Trademark Classes

The tools available for Trademark Classes are as follows:

NICE Classification

This online tool is provided by the WIPO (World Intellectual Property Organisation)[1] .

TM Class Tool

This online tool is provided by the EUIPO (European Union Intellectual Property Office).

Concept of Trademark Public Search in India

The process of determining an accurate class for Trademark Registration is termed as “Trademark Public Search” or “TM Public Search”. Further, the database used for the process of TM Search is ITRD (Indian Trademark Registry Database). 

The main objective of the process of Trademark Search is that the applicant can find out the correct Trademark Class for his/her goods and services.

Concept of Trademark Description

The general indications displayed on the different classes of trademark depicting the domain from which a product or service belongs is known as “Trademark Description”.

Concept of Trademark Class 4

The term “Trademark Class 4” denotes a Trademark Class that includes items such as Oils; Fuels; Lubricants; and Candle and Wicks. Further, all the different types of Dust Absorbing, Wetting, and Binding Compositions are included under the domain of Trademark Class 4.

Items Included under Trademark Class 4

The items included in Trademark Class 4 are as follows:

1. Industrial Oil and Greases;
2. Lubricants;
3. Dust Absorbing;
4. Wetting and Binding Compositions;
5. Fuels (including Motor Spirit);
6. Illuminants; and
7. Candles and Wicks for Lightning;

Items not Included under Trademark Class 4

Certain Special Industrial Oil and Greases are not included under Trademark Class 4.

Concept of Coordinated Classes

The term “Related Classes” or “Coordinated Classes” denotes a situation in which a particular product or service falls under more than 1 Trademark Class. Further, the categories or the classes having a close connection with the Items mentioned under Trademark Class 4 are as follows:

1. Chemicals under Trademark Class 1;
2. Advertising and Business Services under Trademark Class 35;
3. Construction and Repair Services under Trademark Class 37;
4. Science and Technology Services under Trademark Class 42;

Moreover, the concept of Coordinated Classes was coined by the United States Patent and Trademark Office (USPTO). According to USPTO, the applicant who is filing an application under Trademark Class 4 often requires to file the same in other related classes as well.

Sub-Categories of Trademark Class 4

The Sub-categories of Trademark Class 4 are as follows:

Fuel and Illuminants

The items included in this category are as follows:

1. Alcohol;
2. Anthracite;
3. Beeswax;
4. Benzene;
5. Coal Naphtha;
6. Gasoline;
7. Illuminating Wax;
8. Petroleum;
9. Mineral-Fuel;
10. Oil-Gas, etc.

More on TM:Trademark Class 2: Paint and Varnishes

Candles and Wicks for Lighting

The items included in this category are as follows:

1. Candles;
2. Tapers;

Christmas Tree Candles

The items included in this category are as follows:

1. Lamp Wicks;
2. Night Lights;
3. Perfumed Candles;
4. Wicks for Candles;

Wood

The items included in this category are as follows:

1. Firewood;
2. Wood Spills for Lightning;
3. Wood Briquettes;

Non-Chemical Fuel Additives

The items included in this category are as follows:

1. Additives;
2. Non-Chemical;
3. Motor-Fuel;
4. Naphtha

Bio-Fuels

The items included in this category are as follows:

1. Oleine;
2. Rape Oil for Industrial Purposes;

Electrical Energy

All types of Electrical Energy are included under this category.          

Dust Controlling Compositions

The items included in this category are as follows:

1. Dust Binding Compositions for Sweeping;
2. Dust Laying Compositions;
3. Dust Removing Preparations;
4. Lubricants and Industrial Greases;
5. Fish Oil;
6. Soya Bean Oil Preparations;
7. Textile Oil;
8. Xylene;
9. Oil for Paints;
10. Non-slipping Preparations for Belts;
11. Cutting Fluids, etc.

Conclusion

In a nutshell, we can rightly say that the Trademark Classifications play a significant role in the Process of Trademark Registration. That means the applicant must specify the valid trademark class while applying for Registration. In case of any error, the process of registration will start again from level zero.

Further, all the items concerning Oils, Fuels, Lubricants, and Candle and Wicks are included under Trademark Class 4. However, it is always advisable to appoint experts for making the process of registration smooth and hassle-free.

In case of any other doubt and dilemma, approach to Swarit Advisors, we have a team of experts that will assist you in getting a clear understanding of the concept.

Also, Read: Trademark Class 3: Cosmetics, Perfumes Cleaning Substances