Trademark Class 8: Items Termed as Hand Tools and Implements

The term “Trademark Class 8” means a class or group of the “Trademark Classification” mentioned under the Trademark Act 1999. This trademark class deals explicitly with the items, such as Hand Tools and Implements.

In this blog, we will discuss the topic of Trademark Class 8 and the items termed as Hand Tools and Implements.

Concept of Trademarks

As per the Trademarks Act 1999, any logo, design, phrase, colour sequence, shape, etc., which is not only unique in nature but is eligible to separate the product or service of the manufacturer or service provider from the competitors, needs to be registered as a trademark. 

Further, it is accepted globally that a registered trademark acts as the valuable asset of the business. Moreover, with the registered trademark, a user can easily distinguish between the goods of the competitors.

Also, a registered trademark remains valid for a period of 10 years and is qualified for Trademark Renewal.

Regulatory Framework for Trademarks

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

Significance of Trademark Registration

In India, the Trademark Registration is mandatory for the reasons as follows:

1. A registered trademark acts as a valuable asset for any business;
2. Users or Consumers can easily differentiate between the products and services of two competitors;
3. Acts as the shield to protect the brand, logo, name, etc., from misuse, imitation, and duplication;
4. Secures the business products and services of the Trademark Holder;

Objectives of Trademark Registration

The main aim of the Trademark Registration is to distinguish and separate the trademarks and service marks concerning the products and services of certain fields.

Therefore, it is suggested that every manufacturer and service provider apply for “Registration under Trademark”.

Concept of Classification under Trademarks Act 1999

The categories under which a ‘manufacturer’ or a ‘service provider’ can file for the “Registration” are termed as Classifications under Trademarks Act or Trademark Classes.

Moreover, these classes are defined based on the “segregation” prescribed in the NICE Classification.

At present, there are in total 45 different Classes of Trademark mentioned under the Trademarks Act 1999. Further, classes 1 to 34 are termed as TM Classes for Goods. However, the remaining 11 classes, i.e., trademark classes 35 to 45, are known as TM Classes for Services.

Further, it shall be pertinent to state that at present, there are a minimum of 8000 services and products covered under the ambit of Trademark Classifications.

Importance of Trademark Classification

The points of Importance of the Trademark Classification are as follows:

1. Trademark Classifications offer Guidelines for the Trademark Registration;
2. Trademark Classifications assists in recognizing the cases of Infringement of Trademark;

Tools for Online Trademark Classification

The Trademark Tools available are as follows:

TM Class Tool

This Trademark Tool had been prescribed by the EUIPO or European Union Intellectual Property Office;

NICE Classification

This Trademark Tool had been prescribed by the WIPO or World Intellectual Property Organisation;

Concept of Trademark Description

The term Trademark Description means the general explanations or indications available for each class of trademark. Further, the main aim of these indications is to offer a specific class for each product or service.

Concept of Trademark Search in India

When an applicant decides to find a correct class for his/ her goods or services, the procedure he/she undergoes is known as Trademark Search.

Further, the other names for the process of Trademark Search are ‘Trademark Public Search’, ‘TM Public Search’, ‘Public Search’, and ‘TM Search’.

Also, the database used in this process is termed as ITRD or Indian Trademark Registry Database.

Concept of Trademark Class 8

The term “Trademark Class 8” denotes a ‘class or category’ in the Trademark Classifications that deals with goods that are related to Hand Tools and Implements.

Further, this class deals with the Cutlery of valuable Metals, Electric Razors, Clippers (hand instruments), Keen-edged and Blunt Hand Tools, etc.

Moreover, Keen-edged and Blunt Hand Tools mean the tools used for the purpose of Cutting, Sharpening, Grinding, Surface Treatment Agricultural, and Gardening Tools.

Example: Philips Electric Razor

Items Included under Trademark Class 8

The items included under the Trademark Class 8 are as follows:

1. Manicure and Pedicure Tools;
2. Keen-edged and Blunt Weapons;
3. Lifting Jacks and Tools;
4. Hygienic and Beauty Implements;
5. Tools for People and Creatures;
6. Hand operated Tools for the Treatment of Materials;
7. Hand operated Tools and Implements for the Construction and Repairing;
8. Hair Styling Appliances;
9. Hair Cutting and Shaving Implements;
10. Hand Tools used for Cutting, Sharpening, Grinding, and Surface Treatment;
11. Hair Removal Implements;
12. Utensils and Implements for Food Preparation;
13. Kitchen Knives and Cutlery;
14. Fire Tending Implements;
15. Fastening and Joining Tools;
16. Electric Razors and Clippers;
17. Cutlery of Valuable Metals;
18. Tools and Implements for Animal Slaughtering and Butchering;
19. Agricultural and Gardening Tools;

Items Not Covered under Trademark Class 8

The items not covered under Trademark Class 8 are as follows:

1. Motor Tools and Implements (Trademark Class 7);
2. Surgical Cutlery (Trademark Class 10);
3. Side Arms being Firearms (Trademark Class 13);
4. Paper knives (Trademark Class 16);
5. Fencing Weapons (Trademark Class 28);

Coordinated Classes for Trademark Class 8

The term Coordinated Classes means a situation or event in which a specific product or service falls under two or more Trademark Classes.

Also, classifications that have a close connection with the Goods mentioned under Trademark Class 8 are as follows:

1. Trademark Class 21 (Household Utensils);
2. Trademark Class 35 (Advertising and Business Services);
3. Trademark Class 37 (Construction and Repair Materials);
4. Trademark Class 40 (Material Treatment Services);
5. Trademark Class 42 (Science and Technology Services);
6. Trademark Class 45 (Legal and Security Services);

Further, the concept of Related Classes was coined by the USPTO or the United States Patent and Trademark Office.

Furthermore, as per the “USPTO”, an applicant who wants to furnish an application under Class 8 of the Trademark Classifications, must submit the application in other coordinated classes as well.

Conclusion

In a nutshell, the concept of Trademark Classes plays an essential role in the procedure of Trademark Registration. Also, it is mandatory for the applicant to “specify” a correct class of Trademark while applying for Registration.

However, it shall be pertinent to note that even a small error or mistake in the application form can make the applicant start again.

Further, all the goods concerning Hand Tools and Implements are covered under Trademark Class 8.

If in case you face any other doubt and dilemma, then reach out to Swarit Advisors, our team of experts will assist you through the process of Trademark Registration.

Read, Also: How to Choose Correct Trademark Class.