Trademark Class 6: Items Known as Common Metals and Alloys

The term “Trademark Class 6” means a class of the Trademark Classification or Classes under the Trademark Act 1999. This class specifically deals with the “items and products” that are considered as following:

1. Metals and their Alloys;
2. Metal Building Materials;
3. Transportable Buildings of Metal;
4. Materials of Metal used for Railway Tracks;
5. Non-electric Cables;
6. Wires of Common Metal;
7. Ironmongery Small Items;
8. Metal Hardware;
9. Pipes and Tubes of Metal;
10. Safes;
11. Goods of Common Metal that are not included in other classes;
12. Ores, etc.;

In this blog, we will discuss the topic of Trademark Class 6 and the items known as Common Metals and Alloys.

Concept of Trademark

The term “Trademark” means an Intellectual Property Right or IPR that is denoted by the symbol “R”. Further, it works as a “shield to protect and safeguard” the unique sign, logo, symbol, visual representation, brand name, words, and design from duplication or imitation.

Moreover, the main purpose of a “Trademark” is to provide “differentiation” and “separation” between the goods or services.

Also, it is advisable to every manufacturer or a service provider to apply for the “Registration under Trademark” on a mandatory basis. The main reason behind registration is to preserve the “uniqueness”, “individuality”, “distinctiveness”, and “exclusivity” of the Goods and Services.

Further, a Registration under Trademark Act remains binding for a period of 10 years, and the, same is qualified for the Trademark Renewal as well.

Furthermore, a registered trademark holder has the right to “sue a third party” for the offense of Trademark Infringement.

Governing Authority for Trademarks in India

In India, the CGPDT (Controller General of Patents Designs and Trademarks) works as the “Governing Authority” for Trademarks.

However, the Trademark Act 1999 works as the “Governing” and “Regulatory Framework” for Trademarks.

Concept of Trademark Classification

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

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

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

Further, it shall be relevant to note that at present, there are more than “8000 services and products” covered under the concept of “Trademark Classifications”.

Significance of Trademark Classes

The significance of Trademark Classifications or Categories can be summarised as follows:

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

Online Tools Available for Classifications of Trademark

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

NICE Classification

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

TM Class Tool

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

Concept of Trademark Public Search in India

The procedure for finalizing a “correct class” for the Registration under the Trademark Act 1999 is known as “TM Public Search”, “Trademark Public Search”, or “Public Search”.

Moreover, the online database used for the procedure of “Public Search” or “TM Search” is the “Indian Trademark Registry Database” or “ITRD”. 

Further, the main aim behind the process of “Trademark Search” is that every applicant can easily find out the “correct Trademark Class” for the registration of his/ her goods and services.

Concept of Trademark Description

The term “Trademark Description” means the “general indications” or “explanations” displayed on each class of trademark. Further, these explanations and indications signify the group from which a specific product or service belongs.

Concept of Trademark Class 6

The term “Trademark Class 6” denotes a class or category in “Trademark Classifications” that includes items or products such as follows:

1. Metals and their Alloys;
2. Metal Building Materials;
3. Transportable Buildings of Metal;
4. Materials of Metal used for Railway Tracks;
5. Non-electric Cables;
6. Wires of Common Metal;
7. Ironmongery Small Items;
8. Metal Hardware;
9. Pipes and Tubes of Metal;
10. Safes;
11. Goods of Common Metal that are not included in other classes;
12. Ores, etc.;

Items Covered Under Trademark Class 6

The Items covered under Trademark Class 6 of the Trademark Classifications are as follows:

1. Buildings of Metal;
2. Materials of Metal used for Railway Tracks;
3. Non-electric Cables;
4. Wires of common metal
5. Ironmongery;
6. Small Items of Metal Hardware;
7. Pipes and Tubes of Metal;
8. Safes;
9. Goods of Common Metal that are not included in other classes;
10. Ores;

Items Not Covered Under Trademark Class 6

The Items not covered under Trademark Class 6 are as follows:

1. Bauxite;
2. Mercury;
3. Antimony;
4. Alkaline Metals;
5. Alkaline-Earth Metals;
6. Metals in Powder or Foil Form that is used for Decorators, Painters, Printers, and Artists.

Concept of Coordinated Classes

The term “Coordinated Classes” or “Related Classes” signifies an event in which a “specific product or service” falls under Two or more than One Classes of Trademark.

Moreover, the classes or the categories that have a “close link” with the “Items and Products” specified under Trademark Class 6 are as follows:

1. Trademark Class 11 (Appliances);
2. Trademark Class 17 (Rubber Products);
3. Trademark Class 19 (Building Materials);
4. Trademark Class 20 (Furniture);
5. Trademark Class 35 (Advertising and Business Services);
6. Trademark Class 37 (Construction and Repair Materials);
7. Trademark Class 40 (Material Treatment Services);
8. Trademark Class 42 (Science and Technology Services);

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

Also, according to “USPTO”, an applicant who is “submitting an application” under Class 6 of the Trademark Classifications often requires to “submit the same” in other “related classes” as well.

Conclusion

In a nutshell, it will be right to state that the concept of “Trademark Classes” or “Trademark Classifications” play a crucial role in the Procedure for obtaining Trademark Registration in India. That means it is just a requirement for an applicant to “specify” the correct class of Trademark Classification while “applying for Trademark Registration”.

However, it shall be noteworthy to state that in case of any “error or omission”, the applicant requires to start the “process of registration” again from “level zero”.

Further, all the items concerning Metals and their Alloys; Metal Building Materials; Transportable Buildings of Metal; Metal Hardware; Ironmongery Small Items: etc., are included under Trademark Class 6.

However, it is always suggested to hire experts to make the process of Trademark Registration straightforward, smooth and hassle-free.

If in case you still have any other “doubt and dilemma”, reach out to Swarit Advisors, our team of experts ranks high in providing on-time registrations.

Important TM Class: Trademark Class 5