Trademark Class 13 in India: Firearms, Ammunition and Explosives

The Nice Classification divides international trade marks into 45 classes (Goods 1–34, Services 35–45), and India is also largely following the same system. More specifically, Class 13 covers “Firearms; ammunition and projectiles; explosives; fireworks.” So, any such trademarks involving guns, bullets, bombs, fireworks, or similar goods must specifically be registered in Class 13 for them to gain protection. We elaborate below on what does this means for businesses and inventors in India.

As it covers weapons and pyrotechnics, Trademark Class 13 is very specialized. In fact, one guide explains that Class 13 “covers firearms; ammunition and projectiles; explosives; fireworks”. In this context, weapons and their respective parts include handguns, rifles, machine guns, artillery pieces (i.e., cannons), and ammunition (i.e., bullets, cartridge cases, belts), explosives (i.e., gunpowder, dynamite, grenades, mines, rockets; for military for police use pyrotechnics, e.g., firecrackers, signal flares, rescue rockets). In the following sections, a breakdown of what Class 13 covers — and what it does not.

Class 13 (Pistols and similar guns) Category examples

Trademarks in India are registered under a 45-class system as per the Nice Classification (Goods 1–34, Services 35–45). Firearms; ammunition and projectiles; explosives; fireworks shall be the subject of Class 13. To put it simply; any brand selling firearms, Class 13 is essentially for weapons and explosives devices. You will find some key categories of goods in Class 13 as below:

• Firearms (guns): Slugging pistol, revolver, rifel, shotgun, machine gun, cannon, ballast vehicle. (Which, in trademark parley, are specifically enumerated and include firearms and side arms.)
• Ammunition & Projectiles: Cartridges, bullets, shells, rockets and other projectiles for any class of firearms. This includes ammo magazines, ammo belt holders and even military cases.
• Explosives & Detonators: Propellant powder, dynamite, TNT, detonating cords & caps, grenades, landmines, torpedoes, rockets & other blasting or explosive devices. This includes dynamite, explosive cartridges, grenades, mines, tear-gas weapons, torpedoes and so forth.
• Pyrotechnics / fireworks: including, but not limited to: firecrackers, flares, rescue rockets, Bengal lights, signal flares, smoke signals, and any other military or celebratory fireworks (“This includes both fireworks for display and pyrotechnic signaling devices.)
• Parts and Fittings of the Above Goods: Weapon Accessories Class 13, for example, includes gun barrels, triggers, sights, gunstocks, holsters and belts for weapons.

LIST

acetyl-nitrocellulose

air pistols [weapons]

ammonium nitrate explosives / nitrate of ammonia explosives

ammunition

ammunition for firearms

artillery guns [cannons]

ballistic weapons / ballistic missiles

belts adapted for ammunition

Bengal lights

breeches of firearms

cannons

cartridge cases

cartridge loading apparatus

cartridge pouches

cartridges

cleaning brushes for firearms

detonating plugs

detonating fuses for explosives / firing lanyards for explosives

detonating caps other than toys / percussion caps other than toys

detonators

dynamite

explosive cartridges

explosive powders

explosives

apparatus for filling cartridge belts

automatic firearm ammunition belts

firearms

firecrackers

fireworks

firing platforms

flare pistols

fog signals, explosive

fuses for explosives, for use in mines

fuses for explosives

gun carriages [artillery]

guncotton / pyroxylin

gunpowder

guns [weapons]

machine guns

gunstocks / gun stocks

hammers for guns and rifles / hammers for guns / hammers for rifles

hand grenades

harpoon guns [weapons]

hunting firearms / sporting firearms

lead shot for hunting

mines [explosives]

mortars [firearms]

motorized weapons

noise-suppressors for guns

pistols [arms]

powder horns

primings [fuses]

projectiles [weapons]

pyrophoric substances

pyrotechnic products

revolvers

rifle barrels / gun barrels

rifle cases / gun cases

rifles / carbines

rocket launchers

rockets [projectiles]

shells [projectiles]

shoulder straps for weapons / bandoliers for weapons

side arms [firearms]

sighting mirrors for guns and rifles / sighting mirrors for guns / sighting mirrors for rifles

sights, other than telescopic sights, for firearms

sights, other than telescopic sights, for artillery

signal rockets

sprays for personal defense purposes / sprays for personal defence purposes

tanks [weapons]

tear-gas weapons / tear gas weapons

torpedoes

trigger guards for guns and rifles / trigger guards for rifles

trunnions for heavy weaponsIn other words, if your product explodes, or projects, or propels a projectile – or is a weapon – then it is probably Class 13. Although a trademark description may include something like the following in order to illustrate the good or service, “firearms, including pistols and handguns; ammunition; grenades; fireworks.” Class 13 registration covers “firearms, including pistols and handguns,” for example, from Smith & Wesson.

Some goods that look related actually belong in other classes of goods. Class 13: Over-inclusive goods4 For clarity:

Class 9 (scientific/safety apparatus) — Bulletproof vests, helmets, safety goggles, gloves and other armor or defense gear are covered under Class 9, not Class 13. Even if these are used along with the weapons, these are personal protection, not weapons.

Class 1: Raw Explosive Chemicals: Gunpowder, blasting agents, nitrocellulose and other chemical materials (before making into a device) Finished explosive devices (cartridges or dynamite) are under classhead 13 but raw chemical supplies are referred to as chemicals.

Toy Weapons & Fireworks (Class 28) includes toy guns, Nerf darts, airsoft pellets and novelty or consumer fireworks (party poppers sparklers) that fall under Class 28 (toys, games, sports). They’re non-lethal and intended for play, so trademark is for category of toys/sporting goods as opposed to weapons class.

Class 25 – Clothing & Uniforms: Camouflage uniforms, tactical clothing, gear bags or display costumes come under Class 25 (clothing). If they come in the form of clothing — or, if we use the example of a vest — even if they are military-style, they are in Class 25, not Class 13.

Services & Other: A Class 41 (entertainment/education) or other service class, e.g. fireworks shows (for entertainment) or defense training (for education), will be treated as a good vs a service, since trademarks classify goods vs. services.

Proper classification is crucial. It would be incorrect to list firecracker toys in Class 13 – you should list this under Class 28 instead. Unfortunately, misfiling can defeat your rights to the actual goods. When in doubt look up on official tools or a class guide.

Brands often span multiple classes. Check these related classes when you are using weapons or explosives.

Test Class 12 (Vehicles) — Any type of vehicles (land, air, water). Class 12 — Military vehicles (tanks, armored carriers, warships, aircraft) (For example, a tank or military drone brand is class 12, not 13.)

Free for everything, and Class 9 (Safety Equipment): As per the same as above Class 9, safety and defence equipment (fire arms safes, security scanners, ballistic helmets, night vision goggles)

Class 28 (Toys & Sporting Goods): Toy guns, Paintball gun, Novelty smoke bomb, Sporting ammunition (i.e. caps for use in starter pistols) Class 28

Class 25 (Apparel): Class 25 includes military uniforms and tactical apparel, ballistic vests and plates, combat boots, and gear bags.

Chemicals (Class 1): Class 1 includes industrial explosives and chemicals for use in propellants and pyrotechnics (before assembly).

When preparing your trademark application, identify goods accurately by class. If you are selling fireworks (Class 13) and also selling toy novelties (Class 28), file for two classes. A wrong classification may result in rejection, or in a loss of protection.

US Class 13 registrations are, in fact, common among many high-level defense, armament, and pyrotechnic companies. For illustration:

• Home » News » Car & Bike News » Indian Brands: The Indian Ordnance Factory (IOF) complex – manufacturers of small arms, rifles and ammunition –has applied for, and registered, trademarks in Class 13. Indian tactical firearm maker Astra Defence along with a range of DRDO affiliated defence product brands also thighs their firearms, grenades or pyrotechnics under Class 13. Class 13 replicates celebratory fireworks belonging to the likes of Sivakasi (Tamil Nadu) fireworks companies such as Ayyan Fireworks and Standard Fireworks.
• Big Wigs: Class 13 is employed by large Western arms corporations as well. Pistols (Class 13) (Registered 14 Sep 1971) — Smith & Wesson Class 13 is used by ammunition manufacturers such as Hornady and Federal Premium for its bullet and cartridge names. Fireworks stores like Black Cat Fireworks (a popular fireworks brand) are also in the 13th class.

This demonstrates the full extent of Class 13, which includes everything from rifles and handguns to blasting powder and rocket flares. Take best practices from similarmarkets within in Class 13 when determining what yourtmark should look like.

A Class 13 mark must be registered with caution as follows:

Accurate Description of Goods: Be clear about what you are selling, and avoid inventing new terms. Do not use vague wording such as “weapons, ammunition, explosives, or related materiel” but rather specify “pistols; ammunition (cartridges, shells); hand grenades; pyrotechnic devices (fireworks, flares)” The notes of the Nice Class are talking about those products explicitly. The specificity (and the truthfulness of the description) will help prevent the examiners from objecting to an unduly vague and overbroad description.

Make sure your mark is distinctive and not simply descriptive. Anything generic such as ¨BEST GUN¨ or ¨SUPER FIREWORKS¨ is going to be turned down. A coined or arbitrary name is best (e.g. ThunderBlast or DefenTech rather than the name of the product the latter describes).

Pre Trademark Search: In India do a detailed Class 13 search to ensure that the trademark you have chosen is not already registered. Tons and tons of names for guns and fireworks have already been registered, so make sure that your selected mark isn’t confusingly similar to existing marks. The class database can be checked from the IP India portal through online search tools.

Legal limitations: Be careful of total bans Trade Marks Act, Section 9(2)(d) in India prohibits marks that mimic a national symbol or government name. Use of India, RBI, Indian Army, Ashoka chakra etc can not be used without the permission. You should take particular care to avoid implying official endorsement in Class 13 (brand names containing “Republic” or military ranks may be objectionable)

Regulatory Compliance: While trademark examiners tend to focus on classification and distinctiveness, keep in mind that firearms, explosives and fireworks are heavily regulated devices. Obtain licenses under indian arms/explosives laws, if you wish to manufacture or sell these goods. A trademark will not trump licensing laws — you’ll need to be licensed to sell the products.

Accuracy of application: You need to verify each detail you applied. Until a single letter or wrong name for the entity can screw up the whole process. Every detail, from the address and list of goods to your signature, needs to be accurate. Even minute errors can create examination objections.

Application Fees and Formalities: The fees for filing the application vary depending on the type of applicant. New rules for class 13 in india ₹4,500(approximately $55 )for individuals/startups/MSMEs or ₹9,000for large entity You have to submit the TM-A form along with the applicable fee either online (preferred mode) or at the regional office. Once filed, you will receive an acknowledgement as well as a TM (application) number.

Remembering these will go a long way in making the registration seamless. They have a fairer chance of success if the application is careful and correct (right class, right description, etc.

Applications of Class 13 frequently fall flat on predictable blunders:

Misleading Class Choice — Class 13 can not be a catch all container. Do NOT claim Class 13 for bulletproof vests, helmets or night-vision goggles — they belong in Class 9, for example. Toy guns or toy-waterpistols however would have to fall into Class 28, not 13. Same goes for wrong class. Marking the wrong class would lead to a straight rejection.

Neglecting the Trademark Search: This is the biggest mistake you could make — to not search for other similar marks. Based on this, if your mark falls too closely to an existing Class 13, the examiner could object and you may also incur extra time or legal fees.

Generic/Descriptive Names — Names like “Superior Arms” or “Best Bang Fireworks” are not unique. Applied for sheer descriptive or laudatory marks will be denied by the office. A random or suggestive name must be chosen to avoid refusal under Section 9(1)(a) or 9(1)(b).

Application Incorrectly Filled: Typos, mismatched name of the applicant, or unclear wordmark can sink an application. Common pitfalls, such as forgetting to sign, or incorrectly writing the class number, frequently result in formal objections.

Not Replying By Certain Due Dates: failing to respond in time to a test report or opposition notice will leave you with a dead application. However, always pay close attention to deadlines – responses to an objection or an opposition are governed by hard and fast timelines.

Being cautious with these helps avoid needless lagging. For example class 9 vs class 13, making sure that goods such as are “electronic safety detectors” are actually in class 9 and not inadvertently placed into class 13. In case of any objection, a professional can assist in writing the responses or editing your goods description accordingly.

When you apply for a Class 13 trademark, you eventually obtain certain exclusive rights in accordance with the Trade Marks Act, 1999 — rights that come into effect as soon as your application is registered. Legally, this means:

Infringement: Any unauthorized use of your mark with respect to the relevant goods (weapons, fireworks etc.) will amount to an infringement of your mark within the meaning of Section 29 of the Act, Example: you can sue if a competitor is selling Thundershot ammo with your logo on your Thundershot bullets. If the marks are the same and the goods the same, the law even assumes infringement.

Court Remedies: Under Section 134, you may sue for a trademark violation in a District Court. Injunctions (to prevent the infringing use), accounts of profits, damages, or order for delivery of infringing articles. Class 13 cases can yield large damages awards related to the high worth of defense products.

Border/Police Action: Not a trademark proceeding per se, Class 13 good are typically closely tied with customs and police. Authorities could seize counterfeit firearms, fake ammunition or illegal explosives. Having a registered trademark provides evidence of ownership to law enforcement and customs for enforcement action. (For example, police can crack down on sellers of counterfeit “BrandX” fireworks if BrandX is a claimant to a trademark.)

Dilution and Reputation: Well-known tramps (example: Smith & Wesson, Nobel for explosives) garner more protection under anti-dilution provisions where any use can be challenged if it diminishes the value of the name.

Statutory Bars: As pointed out above, there are some marks which are statutorily barred (i.e. national symbols). This type of mark may be barred from registration but may also be refused if an attempt is made to register such a mark. From a legal point of view, also check that your mark does not fall foul of Sections 9 or 11 (absolute or relative grounds of refusal) of the Act.

Ultimately, enforcement in Class 13 is really no different from any other class in terms of trademark law save for the higher stakes. Shelling and arms imports are usually monitored by governments – a trademark registration can be recorded in customs authorities in order to stop import of infringing goods. In this situation, where you suspect there is an infringement (say, for imported pirated fireworks or cloned gun components), you are going to plead Sections 134 and 135 of the Act, and make police local to the area also a party to the action.

Since Trademark Class 13 is quite complex, it is best to seek expert assistance. IP attorneys along with specialized filing firms can be able to:

Tip for Classes: Make sure your goods are described accurately and in the right class

Search Savvyness: Read search results through a lens of Indian law

Application Preparation: Avoid technical pitfalls when filling out Form TM-A

Objection Handling: Write convincing replies if the examiner mentions an objection. For instance, attorneys understand how to argue non-descriptivity or modify claims in order to get around a Section 9(2)(d) rejection.

SIT – Regulatory issue advisory – Arms/explosives unique issues, working with compliance (firearms licensing, etc.)

Opposition/Enforcement: Should someone oppose your mark (or you are subject to infringement), they can represent you in those proceedings.

Many businesses will look for a specialist from the outset, especially since Class 13 goods are so sensitive. That said, the cost of professional help tends to be less than the benefits of having an effortless registration and a safe brand.

Trademarks Class 13: This is the high-impact world of firearms, ammunition, explosives and fireworks. It is critical that you get your trademark. However, as these products relate to public safety and regulation — and so involve a consider- able degree of public interest. Select the correct class, describe your goods accurately and be ready for its thorough examination by the trademark office.

If you work in this industry – a gun manufacturer, a fireworks exporter, or a defense contractor – go secure your brand, do it now, do not wait. Having a trademark registered under Class 13 provides legal exclusivity and adds to the reliability of government tenders or exports as well. Reach out to a competent trademark attorney or service to walk you through it. Our practicing professionals can handle Class 13 mark system registration for you so that you can concentrate completely on the main task of your business, i.e., supplying trustworthy defense products.