Inclusion and Exclusion in Trademark: Trademark Classes

Ashish M. Shaji

26 Dec, 2020

Trademark class refers to when goods and services are categorized to different classes at the time of filing trademark application. Trademark must be applied or registered under classes and each class represents a distinct class of goods or services. In this article we shall look at various Trademark classes (from trademark class 1 to 5) and its inclusions.

Inclusion and Exclusion in Trademark: Class 1

Class 1

This exclusive class of trademarks is dedicated to all chemicals (known as the class 1 chemicals) and chemical substances which are mainly used in the following substances, fields or industries:

• Manufacturing and other Industries;
• Scientific and Research Industries;
• Photographic Industries;
• Agriculture;
• Horticulture;
• Forestry;
• Unprocessed Plastics;
• Unprocessed Artificial Resins;
• Manures;
• Fire-extinguishing Compositions;
• Tempering and Soldering Preparations;
• Preservation of Foodstuffs;
• Tanning Industries;
• Adhesives which are used in various industries.

Here, it may be mentioned that the following chemical or other substances do not come under the trademark class 1 chemicals:

• Natural resigns [class 2];
• Chemical substances used in medical science [class 5];
• Herbicides, fungicides, and diverse preparations used for destroying vermin [class 5];
• Salts for food reservation [class 30];
• Adhesives for household or stationary objectives [class 16];
• Straw mulch [class 31].

Inclusion and Exclusion in Trademark: Class 2

Class 2:

The Trademarks class 2 is dedicated mainly and primarily to the paints and varnishes, and colorants and dyes, which are listed below.

Inclusions in Class 2:

The substances and products that come under this Trademark class 2, are the following:

• Paints and Washes;
• Varnishes and Lacquers;
• Dyes, Colorants, Pigments, and Inks;
• Preservatives against Rusting and Corrosion;
• Substances and preparations for protecting Wood against deterioration;
• Colorants for Foodstuffs and Beverages;
• Raw Natural Resins;
• Metals in foil and powder forms used commonly by the painters, decorators, printers, etc.
• Thinners and Thickeners for paints, coatings, dyes, and inks.

Exclusion:

The substances and products that are not registered under the Trademark class 2 are:

• The unprocessed artificial resins [class 1],
• Cosmetic dyes [class 3], laundry bluing [class 3],
• Paint boxes of children [class 16],
• All insulating paints and varnishes [class 17],

Inclusion and Exclusion in Trademark: Class 3

Class 3:

The Trademark class 3 is exclusively assigned to all cosmetics and cleaning products, and hair care and aromatic products.

Inclusion:

Under Trademark class 3, come the trademarks that are related to the following products, preparations, and substances:

• Cosmetics and Cleaning Preparations and Products;
• Bleaching Preparations and other Substances for users in Laundry
• Perfumery and Fragrances;
• Body Cleaning, Beauty products^[1], and makeup item
• Dentifrices;;
• Sanitary Preparations and Toiletries;
• Skin Care Preparations and Products;
• Oral Hygiene Products;
• Products and Preparations for Hair Care;
• Animal Grooming Preparations;
• Essential Oils and Aromatic Extracts;
• Vehicle Cleaning Products;
• Leather and Shoe Cleaning and Polishing Preparations;
• Tailors and Cobblers Wax;
• Abrasive Papers;
• Hair Removal and Shaving Products.

Exclusions:

Products not registered under the Trademark class-

• The Chemical Chimney Cleaners [Class 1],
• Sharpening Stones and Grindstones [Class 8],
• Degreasing preparations used in manufacturing processes [Class 1].

Inclusion and Exclusion in Trademark Class 4

Class 4:

One of the broad and distinguishing classes of trademarks and service marks is the trademark class 4, allotted exclusively to lubricant and fuel products, industrial oils and greases, and illuminants.

Inclusions:

• Trademarks related to the following products, preparations, and substances essentially come:
• Lubricants, Industrial Oils, and Greases;
• Fuels, Bio-Fuels, and Illuminants;
• Dust Absorbing, Wetting, and Binding Compositions;
• Candles and Wicks for Lighting;
• Firewood and Wood Briquettes;
• Non-Chemical Fuel Additives;
• Electrical Energy;
• Preserving Oils for Leather or Masonry;
• Christmas Tree Candles.

For any Trademark Registration pertained to the class 4 lubricant and fuel products with any zonal Trademarks office of India, or any desired international trademark office working under the TRIPS Agreement.

Inclusion and Exclusion in Trademark: Class 5

Class 5:

The Trademark class 5 is most prominently known for various pharmaceutical products and preparations. However, there are many other fields which are connected with this class. In general, the Trademarks pertaining to the following products, preparations, and fields, are covered by this Trademark class 5, for any national or international registration.

Inclusion:

This Trademark class 5 contains Trademarks that belong to some particular products, preparations, and substances, which are listed below:

• Pharmaceutical Products and Preparations;
• Veterinary and Medical Preparations and Articles;
• Hygiene and Sanitary Preparations and Articles;
• Dietary Supplements and Dietetic Preparations;
• Food for Babies;
• Dietary Supplements for Animals;
• Medical Plasters, Dressings, Coverings, and Applicators;
• Dental Preparations and Articles;
• Disinfectants and Antiseptics;
• Deodorizers and Air-purifiers;
• Pest Control Preparations and Products;
• Fungicides and Herbicides;
• Absorbent Articles for Personal Hygiene.

Exclusions:

The following products and articles do not come under the class 5 pharmaceutical products, for registration purposes:

• Diverse sanitary preparations [class 3];
• Deodorants [class 3];
• Medical supportive bandages [class 10].

Conclusion

Filing the trademark application in the wrong class would lead the trademark owner lose his rights to enforce such rights in case of an infringement in the future. Therefore carefully file your trademark application. It is more preferable to take the assistance of a professional. For more information, Contact Enterslice.

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