Introduction to Trademark 34
Trademark Class 34 focuses on tobacco products, showcasing the smell and experience of tobacco. It includes items that bring out different feelings and attitudes, ranging from enjoyment to personal style choices. From cigarettes to cigars, this class includes products that have played a significant role in societies for centuries, often connected with cultural traditions, individual preferences, and discussions about health concerns.
This class covers a variety of products made from the tobacco plant such as Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; and matches. It mainly includes tobacco and articles used for smoking, as well as certain accessories and containers related to their use.
Let us discuss the products covered under Trademark Class 34 briefly:
a. Cigarettes: This includes pre-rolled tobacco products typically used in paper wrappers.
Example: Gold Flake is a well-known cigarette brand in India, renowned for its premium quality and distinctive taste.
b. Cigars and Cigarillos: This includes rolled tobacco products, often larger and considered more premium than cigarettes.
Example: Ashton is a well-regarded cigar brand known for its premium quality and craftsmanship.
c. Electronic Cigarettes (E-cigarettes): This recognizes contemporary advancements by including electronic nicotine delivery systems, such as e-cigarettes.
Example: NJOY is a prominent e-cigarette brand known for its range of vaping products. The brand offers a variety of devices, including disposable e-cigarettes and rechargeable systems, along with a selection of flavors.
d. Chewing Tobacco and Snuff: This includes smokeless tobacco products that are chewed, sniffed, or placed between the cheek and gum.
Example: Manikchand is a prominent brand of chewing tobacco in India, widely recognized for its distinctive flavor and quality.
e. Smoking Accessories: This Includes matchboxes cigarette papers, filters, lighters, ashtrays, and cases.
Example: VIP is known for its quality and reliable match products.
Inclusions and Exclusions under Trademark Class 34
Trademark Class 34 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 34:
✔ Tobacco substitutes, not for medical purposes.
✔ Flavourings, other than essential oils, for use in electronic cigarettes, and oral vaporizers for smokers.
✔ Herbs for smoking
✔ Snuff
✔ Certain accessories and containers related to the use of tobacco and articles for smoking, for example, lighters for smokers, ashtrays for smokers, tobacco jars, snuff boxes, and cigar humidors.
Specific Exclusions in Trademark Class 34:
✘ Tobacco-free cigarettes for medical purposes (Class 5).
✘ Batteries and chargers for electronic cigarettes (Class 9).
✘ Ashtrays for automobiles (Class 12).
Steps involved in registering Trademark under Class 34
Initial Trademark Search
Before starting with the registration process under Trademark Class 34, 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 34. 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 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 34
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
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 34. This certificate confirms your exclusive rights to the mark within Trademark Class 34.
Detailed List of goods classified under Trademark Class 34
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Conclusion on Trademark Class 34
Trademark Class 34 covers products related to tobacco and smoking, including tobacco and substitutes, cigarettes, cigars, cigarillos, smokers’ articles (such as cigarette cases, lighters, ashtrays, and pipe cleaners), matches, and electronic cigarettes (e-cigarettes) with their components and liquid nicotine for vaping. As societal views and regulations change, proper classification and trademark protection under Class 34 holds special importance, balancing tradition with the need for adaptation.
For businesses operating in tobacco products, securing a trademark in Class 34 is essential to distinguish themselves in a competitive market and symbolize a brand’s link to heritage or innovation, depending on its positioning. 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.
