Introduction to Trademark Class 8
Trademark Class 8 comprises various hand tools for cutting, shaping, fastening, and assembling materials. From construction sites, and workshops to repairs, this class plays an important role in providing essential tools for hands-on creativity and skill and covers a diverse range of products such as Hand tools and implements, hand-operated; cutlery; side arms, except firearms; and razors. It primarily includes hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting, and piercing.
Let us discuss the products covered under Trademark Class 8 briefly:
a. Hand Tools: This includes various hand-operated tools such as hammers, screwdrivers, pliers, wrenches, cutting tools, hand saws, spanners, chisels, etc
Example: Taparia Tools Limited is a leading Indian manufacturer of high-quality hand tools. since 1969.
b. Hand-operated Implements for Agriculture and Gardening: This covers shovels, spades, pruning shears, and other implements used for gardening and agriculture.
Example: Tata Agrico, the oldest brand of Tata Steel, engaged in the business of manufacturing handheld implements like hoes, shovels, sickles, crowbars, pickaxes, and hammers catering to the needs of the agriculture sector.
c. Razors and Razor Blades: This covers shaving razors, safety razors, and razor blades.
Example: Gillette is a well-known brand in India for safety razors and other personal care products including shaving supplies.
d. Manual Implements for Hair Cutting: This includes hair clippers, hair trimmers, and other hair-cutting implements.
Example: Nova is a well-known brand in India for hair accessories such as hair dryers, hair straighteners, hair trimmers, hair styling kits, etc.
e. Knives and Cutlery: This covers kitchen knives, utility knives, pocket knives, and other cutting tools that fall under this category.
Example: Anjali is a brand well-known in the Indian kitchenware market for its quality & commitment since 1974.
Inclusions and Exclusions under Trademark Class 8
Trademark Class 8 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 8:
✔ Hand-operated agricultural, gardening, and landscaping tools.
✔ Hand-operated tools for carpenters, artists, and other craftspersons, for example, hammers, chisels, and gravers.
✔ Handles for hand-operated hand tools, such as knives and scythes.
✔ Electric and non-electric hand implements for personal grooming and body art, for example, razors, implements for hair curling, tattooing, and manicure and pedicure.
✔ Hand-operated pumps
✔ Table cutlery, such as knives, forks, and spoons, including those made of precious metals.
Specific Exclusions in Trademark Class 8:
✘ Machine tools and implements driven by a motor (Class 7)
✘ Surgical cutlery (Class 10)
✘ Pumps for bicycle tyres (Class 12), pumps specially adapted for use with balls for games (Class 28)
✘ Side arms being firearms (Class 13)
✘ Handles for objects that are classified in various classes according to their function or purpose, for example, walking stick handles, umbrella handles (Class 18), broom handles (Class 21)
✘ Serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles, and kitchen utensils, for example, mixing spoons, pestles and mortars, nutcrackers and spatulas (Class 21)
✘ Fencing weapons (Class 28)
Steps involved in registering a Trademark under Class 8
Initial Trademark Search for Trademark Class 8
Before starting with the registration process under Trademark Class 8, 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 8. 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 8
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 8
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 8
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 8. This certificate confirms your exclusive rights to the mark within Trademark Class 8.
Detailed List of goods classified under Trademark Class 8
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Conclusion on Trademark Class 8
Trademark Class 8 covers a wide range of products such as hand-operated tools and implements used for cutting, drilling, shaping, and fixing materials, knives, scissors, hand saws, screwdrivers, hammers, and other tools typically used by craftsmen and artisans
For businesses operating in the tools and implements industry, securing a trademark under Class 8 becomes extremely important for establishing brand recognition and reliability. You can visit the ” Trademark Class List 1 to 45 ” to learn about other classes.
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