Trademark Class 14: Jewellery, Watches & Precious Metals

Nice classes helping coordinate the groupings of products and services Goods and Services Description Trademark Class 14 Trademark Class 14 pertains to the international Nice Classification of precious metals and goods/products made of precious metals, as well as certain other items. In the Indian trademark system, Class 14 is the legal classification for “Precious metals and their alloys and goods in precious metals or coated therewith… jewelry, precious stones; horological and other chronometric instruments.. To put it simply, Class 14 contains things such as gold or silver jewelry, gemstones, clocks and watches or some parts thereof. For instance, items like necklaces, bracelets, rings, earrings, brooches, and watches, as well as watch faces and jewelry boxes, all belong to Class 14. In short, if the ornament is made of or surfaced with a precious metal (for example, gold, silver, platinum or with diamonds and pearls) it is protected. The wide range of category means there can be protection over brand names and logos which appear on high-end goods such as jewellery, perfumes and handbag. The official Nice notes point out that Class 14 is composed essentially of jewelry and timepieces, so if you are in the business of selling gold jewelry, platinum watches, silverware or even costume jewelry, file in Class 14.

This photo depicts many jewelry items (there are rings and necklaces and such) – typical products for Trademark Class 14.

Class 14 falls under the Nice Classification of goods and services, a system that India is also a part of. The Indian Registrar of Trademarks (CGPDTM) follows these class definitions, hence it is important for applicants to determine in which class their goods or services fall. Misclassification of goods (putting jewelry in the wrong class, for instance) can result in rejections. Always check the official list of Class 14 goods to confirm whether your goods fall into this category. If your business has a variety of product lines (say, jewelry and packing materials), you may need to file in separate classes to get coverage for your entire brand. To conclude Trademark Class 14 of NICE Classification is for jewelry, and its related items, precious metals and its alloys, gemstones etc.

Class 14 covers a variety of products. Common products in Class 14 include:

• Jewellery: decorative articles such as rings, necklaces, earrings, bracelets, ankle chains, pendants, lockets, brooches.
• Precious Stones & Metals: means any items containing diamonds, 6 TTB Diamonds Diamonds rubies or emeralds, pearls other than in the form of powder; platinum, gold or silver bullion or ingots. (All types of unworked or semi-worked precious metals themselves of Class 14 are also included in Class 14.)
• Clocks and Clockworks: wrist watch, hanging or drawing, clock works (movement), watch band, clock hand, clock face. All time pieces (clocks, watches and time-measuring devices) and parts thereof are in class 14.
• Keychains, Charms and Trinkets: Ornaments such as charms or pendants for keychains, tie clips, cuff links (when made of precious metal).

LIST

• agates
• alarm clocks
• alloys of precious metal
• amulets [jewellery, jewelry (Am.)]
• anchors [clock- and watchmaking]
• atomic clocks
• badges of precious metal
• barrels [clock- and watchmaking]
• beads for making jewelry / beads for making jewellery
• boxes of precious metal
• bracelets [jewellery, jewelry (Am.)]
• brooches [jewellery, jewelry (Am.)]
• busts of precious metal
• cases for clock- and watchmaking
• cases for watches [presentation]
• chains [jewellery, jewelry (Am.)]
• charms [jewellery, jewelry (Am.)] / trinkets [jewellery, jewelry (Am.)]
• chronographs [watches]
• chronometers
• chronometric instruments
• chronoscopes
• clasps for jewellery / clasps for jewelry
• clock hands [clock- and watchmaking]
• clock cases
• clocks
• clocks and watches, electric
• clockworks
• cloisonné jewellery [jewelry (Am.)]
• coins
• control clocks [master clocks] / master clocks
• copper tokens
• cuff links
• dials [clock- and watchmaking]
• diamonds
• earrings
• figurines [statuettes] of precious metal / statuettes of precious metal
• gold, unwrought or beaten
• gold thread [jewellery, jewelry (Am.)]
• hat ornaments of precious metal
• ingots of precious metals
• iridium
• ivory jewellery / ivory jewelry
• jet, unwrought or semi-wrought
• jewellery of yellow amber / jewelry of yellow amber
• jewellery / jewelry
• jewellery cases [caskets or boxes] / jewelry cases [caskets or boxes]
• jewellery findings / jewelry findings
• jewellery rolls / jewelry rolls
• key rings [trinkets or fobs]
• lockets [jewellery, jewelry (Am.)]
• medals
• movements for clocks and watches
• necklaces [jewellery, jewelry (Am.)]
• olivine [gems] / peridot
• ornamental pins
• ornaments of jet
• ornaments [jewellery, jewelry (Am.)]
• osmium
• palladium
• paste jewellery [costume jewelry (Am.)] / paste jewellery / paste jewelry [costume jewelry]
• pearls made of ambroid [pressed amber]
• pearls [jewellery, jewelry (Am.)]
• pendulums [clock- and watchmaking]
• pins [jewellery, jewelry (Am.)]
• platinum [metal]
• precious metals, unwrought or semi-wrought
• precious stones
• rhodium
• rings [jewellery, jewelry (Am.)]
• ruthenium
• semi-precious stones
• shoe ornaments of precious metal
• silver thread [jewellery, jewelry (Am.)]
• silver, unwrought or beaten
• spinel [precious stones]
• spun silver [silver wire]
• statues of precious metal
• stopwatches
• sundials
• threads of precious metal [jewellery, jewelry (Am.)] / wire of precious metal [jewellery, jewelry (Am.)]
• tie clips
• tie pins
• watch bands / straps for wristwatches / watch straps
• watch chains
• watch springs
• watch glasses / watch crystals
• watch cases
• watches
• works of art of precious metal
• wristwatches

3 Other novelties/shaped articles (a) Articles,n.e.s., of common metals, for use in the bathroom, swimming pools, etc. : Cuff links and studs, whether or not enamel or onyx; Tie pins; Tie-slides; Stick pins 7117 Other articles of precious metal or of metal clad with precious metal (a) Articles,n.e.s., for use in the bathroom, permanent defences and works, racing vehicles; or n.e.s., of a kind used for educational, teaching or advertising purposes: Cuff links, whether or not like jewelry, and other simple items of jewelry; Tie clips; Emblems and other emblematic jewelry; Trophies or medals, whether or not coated with precious metal; Statuettes and other ornaments; Other n.e.s. 7118 medals and trophies 7118.10.00.00 – medals and trophies of precious metal or of metal clad with precious metal 7118.90.00.00 – medals and trophies excluding articles of heading 7118.1000.00.24 and coins 7119 Other Articles of Precious Metals or of Metal Clad with Precious Metal 7119.20.00.00 Trophies 7119.90.00.00 Other ornamental items (b) other than medals and trophies Heading 7108 does not include: (a) goods of a kind for which a rate of duty is specified under the Common External Tariff and these are to be classified in that rate; or (b) goods in set for retail in pieces, for use in the manufacture of jewelry, for treatment so as to bring them to market (including polishing or grinding) or in kind for examination as trial pieces or samples, or broken or crushed for industrial or experimental purposes; or (c) articles for some other industrial use. Even a box to present watches or jewelry (if made of a precious metal) is counted.

According to the WIPO Nice Classification, Class 14 “comprises mainly precious metals and goods made of these materials and not included in other classes, as well as jewellery, clocks and watches”. In other words, anything that’s a personal ornament or timepiece crafted from one or more precious substances fits into this category. For example, a necklace of gold with gemstones, pocket watch of silver, or ring of platinum must all be protected by a trademark in sine 14. Such products all also share a luxury and longevity theme, which is why companies that make jewelry, watches and precious metals should take particular care in registering a mark in Class 14.

The process for registering a trademark for Class 14 goods in India is generally the same as applying for a trademark in general, but you will need specifically reference Class 14 in your application. The key steps are:

• Trademark Search (recommended) Before filing Search thoroughly for the trademark you are considering to make sure it is not already being used with similar goods or services. Search existing marks in Class 14: Use the Indian Trade Marks Public Search Portal For example, try to find matching, or almost identical, names/logos on jewelry or watches. Doing so can prevent future court actions and legal disputes. (See Searching below for details.)
• Filing the Application File your TM application with the Controller General of Patents, Designs & Trade Marks (CGPDTM) by way of Form TM-A and deposit fee to designate the Class 14 as the class of goods. In the application, identify all the specific products you wish to shield (“gold bracelets, diamond rings, wrist watches, and parts thereof”). Insert the brand (word or label), name of the applicant and remit the prescribed charges. The Indian law permits to file the same online, and within seconds of submission, one gets a application number.
• Examination by the Trademark Office The application is reviewed by the Registrar (usually within 30-90 days) to determine if the application complies with statutory requirements. The examiner searches for any prior marks (in particular in Class 14) or issues such as descriptiveness. The examination can result in:
• Acceptance (no issues found, publish directly).
• Objection (Reasoned Examination Report, below is issued reporting on the issues).
• Standard entry on official file indicates approval or objections are filed. If no one objects, the mark proceeds directly to publication.
• Publication in Trademark Journal If accepted (or after any objections are dealt with), the mark is advertised in the Trademark Journal. And this permits third parties to object to the registration if they’ve got a genuine problem. It is 4 months from the date of publication. There are also opposition hearings, but only if someone opposes it — otherwise, the mark goes to registration.
• Registration and Certificate In the absence of any opposition (or the opposition is overcome), the mark is registered with a Registration Certificate being issued by the Registrar. The time between filing to registration is usually 8 months to 24 months depending on the opposition procedure. Upon registration, you alone have the right to use the trademark on Class 14 products in India.
• Renewal A Class 14 registration (like any Indian trademark registration) is valid for a period of 10 years from the date of application. You need to register a TM-R renewal request six months before the end of the term to continue protection of your trademark. Simply renew at the right time, and your brand will always be protected in the jewellery and watches’ sector.

And remember to fill in the products right all through this process. As described above, list the specific Class 14 goods (“precious metal necklaces, silver key chains, diamond-studded bracelets, [etc.]”). Vague or overly broad descriptions can lead to opposition ( i.e they might just think “jewelry” is too generous). Specificity (as in “gold rings” or “silver wristwatches”) aids the examiner and better protects you.

• You can search now: Do a class 14 trademarks search (optional).

  File: TM-A with Class 14 goods indicated.

  Examination: It ranges between 30 and 90 days to receive an Examination Report.

  Published in: Subject to determination, published for opposition for 4 months.

  Registration: No opposition results in Certificate being issued.

  Renewal: Renew every ten years to keep rights.

New trademark search A comprehensive search is an essential first step before filing an application, particularly in a crowded market such as Class 14. Utilise the IP India public search tool (tmrsearch. ipindia. gov.in) to check existing trademarks. Select “Wordmark” for the type of search and begin typing in your name or the description of your logo. You can limit the results by class – enter class 14 – to determine whether identical or similar confusing marks are already in use for Jewelry, Timepieces etc.. The portal also features a Phonetic Search to help catch similar-sounding names, and Vienna Code search for when you’re using a logo or design element. For instance, if you mark were “StarDiamonds”, you want to search for that also in Class 14.

It’s crucial to be very thoughtful about results. If an almost identical mark appears for like goods, you might also have to tweak your brand. A search can help you prevent friction: “A trademark search conducted in India before filing helps you avoid future trademark rejection, in case the mark is identical or similar to an existing mark.” The IP India search facility is free of charge and its databases contain authentic and current information. Remember to look not only in Class 14, but also in related classes (retail services in Class 35 or smart device accessories in Class 9) since famous marks from outside the class may trigger conflicts. Think about common variations and phonetic Kanel said.

In practice:

Step 1: Visit the IP India Trademark Public Search website.

Step 2: Choose Wordmark Search and enter yourmark text (choose “Starts With” or “Contains” as appropriate).

Step 3: In the Class field enter “14” to search for Class 14 products.

Step 4: Go through the search results. Record any marks that appear similar or from the same industry. You can also use the Phonetic Search to see your mark in Sound-Alikes.

Step 5: You can even look for similar designs (not necessarily with text and another logo) via the Vienna Code which is the option you will want to select if you know the code for your design.

Thorough searching reduces the chance of being challenged. There is no better way to do this, as one expert guide advises, than to perform a trademark or a TM registry office search: “Use the official Indian Trademark Registry website to conduct search for trademark in Class 14. Look for the similarities of sounds, meanings, visual form of the characters.” This allows you to tweak your brand or to prepare legal arguments in advance, reducing time and fees later if a dispute arises. If you are unsure, you should consult with a trademark attorney to confirm your mark in Class 14 is flowing through to registration.

Following your registration, you may face the Registrar’s Examination Report objecting to your Class 14 mark. It is important to note that a trademark objection is only a provisional denial and is not a final no. It indicates that the examiner has identified one or more issues that the applicant must resolve before registration is allowed. Objections generally arise in relation to the absolute and relative grounds of refusal under the Trademarks Act.

Absolute Grounds (Section 9): The mark is not distinctive (it’s generic or simply descriptive of the goods). For example, a mark such as “Luxury Gold Rings” would likely be rejected as evocative because it directly describes a characteristic feature of the goods (gold rings). Other absolute grounds are if the mark is deceptive (misdescriptive as to the goods) or scandalous (contrary to public order or morality; for instance hurtful to religious feelings). Descriptive terms For Class 14, typical descriptive terms are for example “diamond,” “silver,” “jewel” or “gold” and if used just in plain language as a trade mark you will most likely face objections.

Relative Grounds (Article 11): Mark Amounts to earlier (Identical or similar) mark For similar product. In reality, that means if someone already has an existing trademark (such as “SparkleJewel”) for earrings, and you want to register “SparkleJewel” for bracelets, you will typically be refused, because the two marks are likely to cause confusion. Almost identical marks (a different word or two) can be an issue if the goods or services overlap. For Class 14, the examiner will See if your mark is same or similar to any registered mark of Class 14 (or well-known also in other class). If the answer is “yes” there is an objection on the basis of possible consumer confusion.

Other practical reasons include:

Goods Description is Indefinite or Over-Afoul: Where you describe your Class 14 goods too broadly (e.g., simply “jewelry”), the examiner can force you to be more specific.

Improper Filing: There are also procedural grounds upon which an objection can be based – for example, filing the incorrect form, or not signing the application.

Similarity with other brand names: Especially in class 14, (where there are lots of brands available) selecting the name that is recently connected to a famous jewelry/watches brand will invite an objection.

In conclusion, anticipate oppositions in Class 14 primarily when marks are weak or when they conflict with prior marks. Marks which are incapable of distinguishing the goods : capable of distinguishing (1) In accordance with trademark handbooks, “….. marks which are incapable of distinguishing the goods… or are generic in current language… cannot be registered.” Similarly, any “option of confusion” with existing marks provokes refusal under Section 11. Its important to know how to handle these kinds of things.

No sooner you recieve an objecton the stage of the application will change to “Objected”. This is an in between stage – now there is an opening to react and contend with the objection. (This is different from an opposition, which is filed by competitors after publication.) And we’ll look at what to do next.

If you receive a refusal of your Class 14 application, do not be alarmed, it is a step in the process. You have a few seconds to answer. As per Indian law you have 30 days from the date of issue of the Examination Report to submit a written reply to the same. (One can apply for an extension to the Registry, up to a total of six months, but there might be a fee involved.) Non-response in due time leads to abandonment (not rejection), which, as we know, amounts to death of an application. One firm’s instruction manual warns that if no response is filed, the trademark will be canceled by the registrar.

You should consider following these steps when drafting your written objections to the reply:

Carefully Examine the Objection: Study the report of the examiner thoroughly. It will refer to certain sections of the Act or earlier marks. Determine whether it’s an absolute objection (e.g., “non-distinctive mark’) or a relative (e.g., “clashing with XYZ trademark”).

Collect Your Proof: To face an absolute refusal, you might have to show that you are distinctive (or not). If you have made significant use of the mark in commerce I would flag that and introduce evidence (invoices, advertising, user affidavits) to make the case that the consumers do know this as a brand not just as a generic term. To register relative objections refer marks: bring something out to the end, whether with the eye or the ear, and cause difference to stand out between them in form, sound, or sense. If you can, you may obtain a NOC from the owner of the prior mark that he/she had no objection to the use.

Prepare a Formal Response: In your response in writing (a format that is typically on a TN-E form or a petition) respond to each point of objection. Clearly set forth the reasons for granting you the mark. If necessary, you may correct the description of goods here (e.g., limit a vague description). If the Examiner mentions a same registered mark, argue why there would be no confusion. Use legal precedents if available. It frequently makes sense to consult a trademark lawyer at this point as responding effectively can be tricky.

File On Time: File the reply through the IP India portal (if a reply has to be filed) within a month. Make sure to include the appropriate fees and the Examination Report for reference. Keep the acknowledgment number/date of submission safe.

Hearing (if necessary): After the airport office receives your reply, if the trademark office still has more questions, the Trademark Office may schedule a hearing (virtual or in-person) where the examiner is going to quiz your representative. Be ready to articulate your case verbally. This process can take a couple of weeks.

Wait for the Final Decision: If your response is acceptable to the examiner, the mark will be approved for publication. If not, you may still have time to file a review or appeal, but those are beyond the stage of responding in the first place.

Keep in mind: A good response can turn an objection into an acceptance. One expert site states that “you can explain with your reply why the mark is different and obtain trademark protection” when objections are raised. This is – in other words – this is your moment to convince the Office that your Class 14 mark does not fall within the broad provision! When it comes to descriptiveness or similarity, if you give a reasoned response with proof, more often than not, you will have your objection overcome and have your mark accepted.

Key Points on Objections:

• Typical grounds for objection are descriptive/generic wording, goods that are too vague, or similar marks.
• You have one month to contest an objection.
• Failing to reply causes abandonment.
• The objection can be overcome with a strong response (legal arguments + evidence).

To illustrate, here are some Class 14 objection/response examples:

Descriptive mark: If the examiner objects to your mark being descriptive of a feature of gold items (“Emperor Gold“), you would rebut that “Emperor” is not merely descriptive or submit proof of sales which suggest it has acquired distinctiveness.

Indefinite description: They criticize a broad disclosure of jewelry, but this should be modified to specify items (e.g., “diamonds, rings, necklaces, bracelets of precious metal”), and then cite to the classification guidelines that delineate that each recited item falls within Class 14.

Similar mark: “Bright Diamonds” can be cited against a registered “Bright Diamond” mark by arguing for a difference in plurality and meaning. You may emphasize differences in logo design or market channels, and submit a consent letter from the owner of the “BRIGHT DIAMOND” mark if possible.

All objections must be answered. The idea is that you dispute everything the examiner said. Upon receipt of the response, the examiner will enter by way of acceptance or argue the objection, whereupon the case will be published accepted or continued.

Related Resources

For more about trademarks, readers might find the following related articles useful:

Our in-depth Guide on How to Register a Trademark in India – a Breadth and Depth of Coverage – explaining the filing stage and the prosecution.

Your Guide to Weaving Your Way Through the Trademark Application Process.

A post about Trade Mark Protection: Enforcement and Protection of your Registered Mark.

Please browse these internal links (hosted on our site) if you want to learn more about trademark filing, classification, and brand protection.

The most important class is trademark class 14 which is required for those who wants to register a mark for jewelry, precious metals, gemstones, watches and other luxury goods. Registering your brand in this class prevents competitor from using names that are confusingly similar to your name or logo in jewelry and watches. So, to sum up: Classify out whether you are in Class 14, clear the Trademark register for Class 14, file and declare properly in which Class 14 products belong. Anticipate examination challenges and plan how to overcome them.

Registration in Class 14 will give you an exclusive right to use your mark for those goods, something that is important in India’s advancing luxury and fashion sector. And don’t forget to renew your registration every 10 years in order to keep that protection.

Have other questions about Trademark Class 14 or registering a mark? Tell us in the comments section here or write to our trademark authorities. We’re here for you, whether you need help with searches, filings, objections, or really anything else. Protect Your Brand Today Schedule a free consultation or leave a comment and let us know what you feel about registering your Class 14 mark as soon as possible and getting it the protection it deserves.