Introduction to Trademark Class 26
Trademark Class 26 is a category that focuses on intricate details, encompassing a wide range of products that enhance both personal appearance and living spaces. From fashion accessories that complete an outfit to decorative items that enhance our surroundings, this class is where elegance and creativity come together.
It encompasses a variety of products that blend beauty with practicality, adding a touch of sophistication to our lives such as Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair. It mainly includes dressmakers’ articles, natural or synthetic hair for wear, and hair adornments, as well as small decorative items intended to adorn a variety of objects, not included in other classes.
Let us discuss the products covered under Trademark Class 26 briefly:
a. Lace and Embroidery: This includes lace, embroidery, haberdashery ribbons and bows, items used in sewings, such as buttons, zips, thread, hooks, eyes, pins, needles, etc
Example: Pioneer Embroideries Limited is a leading manufacturer-exporter in India, known for its embroideries, torchon/bobbin laces, raschel laces, and other garment accessories.
b. Hair Accessories: This includes items that adorn and style hair, including false hair, wigs, toupees, false beards, hairpins, barrettes, hair bands; hair nets.
Example: Nish Hair is a brand in India specializing in hair products, including natural and synthetic hair for wear, and hair adornments.
c. Artificial Flowers and Plants: This includes decorative items that bring the beauty of nature indoors such as artificial fruit, artificial garlands, artificial plants, other than Christmas trees, artificial Christmas garlands, artificial Christmas garlands incorporating lights, artificial Christmas wreaths, artificial Christmas wreaths incorporating lights, artificial flowers.
Example: Chumbak is an Indian brand for its wide range of products such as home decor, accessories, and gifts including artificial flowers.
d. Clothing Accessories: This includes feathers, brassards / arm bands, brooches, buckles, frills, shoulder pads for clothing, etc that complement our outfits.
Example: Feather Industries is a well-known brand in India covering products such as feathers, brooches, buckles, frills, shoulder pads for clothing, etc.
e. Footwear Accessories: This includes items used to enhance or personalize footwear, such as shoe ornaments and shoe laces.
Example: Shoeshine is a brand in the footwear industry offering premium quality shoe care products and accessories.
Inclusions and Exclusions under Trademark Class 26
Trademark Class 26 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 26:
✔ Wigs, toupees, false beards
✔ Barrettes, hair bands
✔ Ribbons and bows being haberdashery or used as hair decorations, made of any material.
✔ Ribbons and bows for gift wrapping, not of paper
✔ Hair nets
✔ Buckles, zippers
✔ Charms, other than for jewellery, key rings, or key chains.
✔ Artificial Christmas garlands and wreaths, including those incorporating lights.
✔ Certain articles for curling hair, for example, electric and non-electric hair curlers, other than hand implements, hair curling pins, and hair curling paper.
Specific Exclusions in Trademark Class 26:
✘ False eyelashes (Class 3)
✘ Hooks being small items of metal hardware (Class 6) or hardware, not of metal (Class 20), curtain hooks (Class 20).
✘ Certain special types of needles, for example, tattoo needles (Class 8), needles for surveying compasses (Class 9), needles for medical purposes (Class 10), and needles for pumps for inflating balls for games (Class 28).
✘ Hand implements for curling hair, for example, curling tongs, and eyelash curlers (Class 8).
✘ Hair prostheses (Class 10)
✘ Jewellery charms, charms for key rings or key chains (Class 14).
✘ Certain ribbons and bows, for example, paper ribbons and bows, other than haberdashery or hair decorations (Class 16), rhythmic gymnastics ribbons (Class 28).
✘ Yarns and threads for textile use (Class 23).
✘ Christmas trees of synthetic material (Class 28).
Steps involved in registering Trademark under Class 26
Initial Trademark Search for Trademark Class 26
Before starting with the registration process under Trademark Class 26, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 26. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 26
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 26
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 26
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 26. This certificate confirms your exclusive rights to the mark within Trademark Class 26.
Detailed List of goods classified under Trademark Class 26
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Conclusion on Trademark Class 26
Trademark Class 26 encompasses a range of fashion and decorative items, including lace, embroidery, brassards (armbands), brooches, buckles, frills, hair decorations, false hair, buttons, hooks, eyes, pins, needles, and artificial flowers. As fashion trends evolve and design innovation continues, proper classification and trademark protection under Class 26 is vital for establishing brand recognition and reliability.
For businesses operating in the Lace, Ribbons, Embroidery, and Fancy Goods industry, securing a trademark in Class 26 is essential to distinguish themselves in a competitive market and reflect the brand’s commitment to offering products that reflect elegance and personal style. To explore other trademark classes, refer to the ” Trademark Class List 1 to 45 ” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.