Trademark Class 5: Items Considered as Pharmaceuticals

The term “Trademark Class 5” denotes a class of the Trademark Classification under the Trademark Act 1999. This class deals with the items and products that are considered as pharmaceutical, veterinary products, sanitary preparations, dietetic food, etc.

In this blog, we will discuss the concept of Trademark Class 5 and the items termed as Pharmaceuticals.

What is the Concept of Trademark

The term “Trademark” means a symbol “R” that works as a shield to protect and safeguard unique sign, symbol, visual representation, words, and design from impersonation or imitation. Further, the main aim of a Trademark is to facilitate differentiation and separation between the goods or services.

It also becomes mandatory and compulsory for the manufacturer or a service provider to apply for “Trademark Registration” as early as possible to preserve the uniqueness, individuality, distinctiveness, and exclusivity of the Goods and Services.

Moreover, a trademark registration remains valid for a period of 10 years, and the, same is eligible for the Trademark Renewal as well.

Also, a registered trademark holder has the power to sue a third party for the offence of Trademark Infringement.

Governing Authority for Trademarks in India

In India, the CGPDT or Controller General of Patents Designs and Trademarks works as the Governing Authority for Trademarks.

However, the Trademark Act 1999[1] acts the governing and regulatory framework for Trademarks.

Concept of Trademark Classification

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

Further, these classifications or categories are made on the basis of the segregation prescribed by the “NICE Classification”.

In total, there are 45 different Classes of Trademark prescribed under the Trademarks Act 1999, out of which classes 1 to 34 are termed as “TM Classes for Goods”. However, the remaining 11 classes, i.e., 35 to 45, are called “TM Classes for Services”.

At present, there are more than 8000 services and products covered under the heading of “Trademark Classifications”.

Importance of Trademark Classes

The Importance of Trademark Classifications or Classes can be summarised as follows:

1. It offers Guideline and Direction for the Trademark Registration in India;
2. It assists in Identifying the cases of the Trademark Infringement in India;

Online Tools Available for Classifications of Trademark

The tools available for the Classification of Trademark are as follows:

NICE Classification

This online Trademark Tool had been prescribed by the World Intellectual Property Organisation (WIPO);

TM Class Tool

This online Trademark Tool had been prescribed by the European Union Intellectual Property Office (EUIPO);

Concept of Public Search for Trademark in India

The process of deciding a correct class for the Registration under the Trademark Act 1999 is termed as “Trademark Public Search”, “Public Search” or “TM Public Search”.

Moreover, the database used for the process of Public Search or TM Search is the Indian Trademark Registry Database or ITRD. 

Further, the main objective of the procedure of “Trademark Search” is that an applicant can find out the correct Trademark Class for his/ her goods and services.

Concept of Trademark Description

The term “Trademark Description” denotes the general indications or explanations displayed on each class of trademark, depicts the group from which a particular product or service belongs.

Concept of Trademark Class 5

The term “Trademark Class 5” denotes a class in Trademark Classifications that includes items or products such as Medical and Pharmaceuticals Product, Food for Babies, Fungicides, Herbicides, Disinfectants, Dietary Food Supplements, Medical Preparations, Dental Preparations, etc.

Items Covered Under Trademark Class 5

The Items covered under Trademark Class 5 of the Trademark Classifications are as follows:

1. Sanitary Preparations for Personal Use and Hygiene, other than Toiletries;
2. Diaper for Babies;
3. Deodorants other than those used for Animals or Human Beings;
4. Dietary Supplements that are planned to either to have Health Benefits or to supplement a normal diet;
5. Meal Replacements, Dietetic Food and Beverages used for Medical or Veterinary purpose;
6. Cigarettes made without Tobacco for Medical Purposes;

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

Items not Covered Under Trademark Class 5

The Items not covered under Trademark Class 5 are as follows:

1. Sanitary Preparations being Toiletries;
2. Deodorants used for Animals or Human Beings;
3. Supportive Bandages;
4. Dietetic Food, Meal Replacements, and Beverages not used for Medical or Veterinary purposes;

Concept of Coordinated Classes

The term “Coordinated Classes” or “Related Classes” means a situation in which a specific product or service falls under more than 1 Classes of Trademark. Further, the classes or the categories that have a close connection with the Items and Products mentioned under Trademark Class 5 are as follows:

1. Trademark Class 1 (Chemicals);
2. Trademark Class 3 (Cosmetics and Cleaning Substances);
3. Trademark Class 10 (Medical Supplies);
4. Trademark Class 35 (Advertising and Business Services);
5. Trademark Class 42 (Science and Technology Services);
6. Trademark Class 44 (Medical and Vet Services);

Moreover, the concept of “Coordinated Classes” or “Related Classes” was coined by the “United States Patent and Trademark Office” (USPTO).

Also, according to “USPTO”, the applicant who is submitting an application under Class 5 of the Trademark Classifications often needs to submit the same in other related classes as well.

Sub Categories of Trademark Class 5

The Sub-categories of Trademark Class 5 are as follows:

Dietary Supplements

The Items included under this Sub-category are as follows:

1. Dietary Fiber;
2. Whey Protein Powder;
3. Fish Oil;
4. Liquid Pill Supplements;
5. Multi-vitamins;
6. Health Supplement Products;
7. Protein Supplements;
8. Dieting Pills;
9. Muscle Building Supplements;
10. Pre-workout Supplements; and
11. Vitamin Supplements;

Pharmaceuticals

The Items included under this Sub-category are as follows:

1. Ibuprofen;
2. Allergy Capsules;
3. Pain Medication;
4. Compound Used for Treating Erectile Dysfunction;
5. Anti-depressant Medications;
6. Medicinal Herbs;
7. Smoking Herbs Used for Medical Purposes;
8. Cocaine Used For Medical Purposes;
9. Cough Treatments;
10. Drugs that are Addressed for Medical Issues; and
11. Medicated Candies;

Hygiene Articles

The Items included under this Sub-category are as follows:

1. Contact Lens Solution;
2. Eye Washes; and
3. Personal Sexual Lubricants; 

Food for Babies

All the different type of Babies Food are included under this sub-category.

Disinfectants and Antiseptics

The Items included under this Sub-category are as follows:

1. Antiseptic Cotton Balls;
2. Alcohol for Sterilization Purposes;
3. Hygiene Disinfectants;
4. Germicides; and
5. Sterilization Preparations;

Medical Dressings

The Items included under this Sub-category are as follows:

1. Adhesive Tapes for Medical Purposes;
2. Bandages used for Dressings;
3. Eye patches used for Medical Purposes;
4. Wound Dressings, such as follows:
5. Gauze Pads;
6. Gauze Sponges;
7. Adhesive Medical Tape; and
8. Dressings used for Skin Wounds and other Medical Use;

Veterinary Medicines and Supplies

The Items included under this Sub-category are as follows:

1. Veterinary Vaccines;
2. Veterinary Pharmaceutical Preparations for Treating Diseases like Cancer;
3. Neurological Diseases;
4. Psychiatric Diseases;
5. Metabolic Diseases;
6. Inflammatory Diseases;
7. Cardiovascular Diseases;
8. Veterinary Pharmaceutical Preparations used for the Treatment of Pain;

Dental Supplies

The Items included under this Sub-category are as follows:

1. Adhesives for Dentures;
2. Dental Cements;
3. Dental Rubber;
4. Wax for Dentists;
5. Dental Impressions, and
6. Dental Abrasives;

Conclusion

In a nutshell, we can exactly say that the concept of “Trademark Classifications” or “Trademark Classes” play a significant role in the Procedure for Trademark Registration. That means it is must for an applicant to specify the valid Trademark classification while applying for Trademark Registration.

However, it shall be relevant to note that in case of any error or omission, the applicant needs to start the process of registration again from level zero.

Further, all the items concerning pharmaceutical, veterinary products, sanitary preparations, dietetic food, etc. are included under Trademark Class 5. However, it is always suggested to hire experts for making the process of Trademark Registration smooth and hassle-free.

In case you have any other doubt and dilemma, reach out to Swarit Advisors, our team of experts will assist and guide you in obtaining a clear understanding of the concept.

Important TM Class:Trademark Class 4