Trademark Class 7: Items Known as Machine and Tools

The term “Trademark Class 7” means a class of the “Trademark Classification” or “Trademark Classes” under the Trademark Act 1999. Further, this trademark class particularly deals with the items, such as Motor and Engines; Machines and Machine Tools; Machine Couplings; Agricultural Implements, etc.

In this blog, we will discuss the topic of Trademark Class 7 and the items known as Machines and Tools.

Concept of Trademark Registration

The term “Trademark” denotes a type of Intellectual Property Right, which is represented by the symbol “R”. Further, this symbol acts as a “shield”, and protects the unique sign, logo, brand name symbol, visual representation, words, and design from duplication or imitation.

Moreover, the main aim of the “Trademark Registration” is to facilitate “differentiation” and “segregation” between the goods or services.

Further, a Registration under Trademark Act 1999 remains binding for a period of ten years, and the, same is eligible for the process of Trademark Renewal as well.

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

Governing Force For Trademarks in India

In India, the “CGPDT” (Controller General of Patents Designs and Trademarks) works as the “Regulatory Authority” for Trademarks. However, the Trademark Act 1999 acts as the “GoverningLaw” for Trademarks.

Is It Mandatory To Obtain Trademark Registration

Yes, it is advisable to every “manufacturer” and “service provider” to apply for “Registration under Trademark” on a compulsory basis. Further, the utmost reason behind the registration is to “preserve” the “uniqueness”, “individuality”, and “distinctiveness” of the Goods and Services.

Concept of Classification under Trademark Act

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

Moreover, these classifications 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 Classification of Trademark

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

1. It offers Guidelines for the Registration of Trademark under the Act;
2. It helps in recognizing the cases of Trademark Infringement;

Tools Available for Online Classifications of Trademark

The Tools available for Online Classification of Trademark are as follows:

TM Class Tool

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

NICE Classification

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

Concept of Trademark Description

The term “Trademark Description” means the “general explanations” or “indications” displayed on each “class of trademark”.

Moreover, the main objective of these explanations and indications is to provide a specific class for product or service.

Concept of Trademark Search in India

The procedure in which the applicant decides the correct class for his/ her good or service is known as Trademark Search.

Further, the other names for this process are “Trademark Public Search”, “Public Search”, “TM Public Search”, and “TM Search”.

Moreover, the database used for this process is known as the “Indian Trademark Registry Database” or “ITRD”.

Concept of Trademark Class 7

The term “Trademark Class 7” denotes a class or category in the “Trademark Classifications” that includes goods that are related to Machine and Machine Tools.

Items Covered Under Trademark Class 7

The items covered under Trademark Class 7 are as follows:

1. Motors and Engine;
2. Machine Coupling;
3. Transmission Component;
4. Agricultural Implements;
5. Machine and Machine Tools;
6. Electric Cleaning Machines and Apparatus;

Items Not Covered Under Trademark Class 7

The items not covered under Trademark Class 7 are as follows:

1. Motor and Engine for Land Vehicles;
2. Hand Tools;
3. Hand Implements;
4. Hand Operated;
5. Incubators for Eggs;
6. Automatic Vending Machines;
7. Refrigerating Apparatus and Machines;
8. Respirators For Artificial Respiration;
9. Robotic Cars;
10. Surgical Robots;
11. Toy Robots;
12. Robotic Drums;

Concept of Coordinated Classes

The term “Coordinated Classes” or “Related Classes” denotes a situation in which a “product” or “service” falls under two or more than one Trademark Classes.

Also, the classes or the categories that have a “close connection” with the “Goods” specified under Trademark Class 7 are as follows:

1. Trademark Class 8 (Hand Tools);
2. Trademark Class 11 (Appliances);
3. Trademark Class 12 (Vehicles);
4. Trademark Class 35 (Advertising and Business Services);
5. Trademark Class 37 (Construction and Repair Materials);
6. Trademark Class 40 (Material Treatment Services);
7. Trademark Class 42 (Science and Technology Services);

Moreover, this concept was invented by the “United States Patent and Trademark Office” (USPTO).

Also, as per “USPTO”, an applicant who wants to “submit an application” under Class 7 of the Trademark Classifications often needs to “submit the same” in other coordinated classes as well.

Conclusion

In a nutshell, we can say that the concept of “Trademark Classes” or “Trademark Classifications” play a crucial role in the Process of Trademark Registration. That means it is necessary for an applicant to “specify” the accurate class while “applying for Trademark Registration”.

However, it shall be noteworthy to note even a small “error or omission”, in the application can make the applicant start from “level zero”.

Further, all the items concerning Machine and Machine Tools are included under Trademark Class 7.

If in case you still have any other “doubt and dilemma”, reach out to Swarit Advisors, our team of experts will guide you through the process of registration.

Important TM Class: Trademark Class 6