Trademark Class 17 Explained: Rubber, Plastic, and Insulation Goods

Products and Services Classes For trademark registration in India 30 May 15 Classes and Description. The industrial materials & products namely rubbers, plastics, and insulators fall under class 17. As per the Nice Classification: ‘Class 17: Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica… plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal’. The Indian Trade Marks Act, 1999 (with Rules, 2017) follows the same system, with item 17 as “Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials… plastics in extruded form… packing, stopping and insulating materials; flexible pipes, not of metal”. At a practical level/larger scale of things, Class 17 is dominated by a lot of ordinary industrial stuff (examples below). The accurate class ensures that your mark application covers the proper products and prevents brand conflict with other products.

Class 17 industrial materials as examples: flexible pipes and insulating materials. Uniform use is also guaranteed if Class 17 is employed consistently throughout the world (the Nice Agreement). Uniqueness is critical: a Class 17 mark must set your goods clearly apart from others’, so you’ll need to be able to classify your products properly or risk misfiling. Typical goods for Class 17 Examples of goods that can be classified in Class 17 are: Insulating materials; packing, stopping and insulating materials; flexible non-metallic pipes, tubes and hoses; sealing, cushioning and packaging materials; semi-processed plastic substances. The majority of manufacturers, builders, electronics and packaging businesses use Class 17 goods – a robust mark in this class will protect your brand in these industries.

Rubber and Articles Thereof: Rubber, rubber stoppers and rubber orings, sealing compounds, vulcanized fiber, latex, gutta percha and the like, those of rubber.

Plastic Products: including but not limited to, extruded plastic sheets, tubes, garbage, films and resins for use in further production, like PVC sheets for agriculture or insulating plastics.

Insulating and Sealing Articles : electrical insulation paint, insulating tapes, foam and mineral wool insulation, sound proof mats, water proof sealants.

Metal Pipes and Hoses: Pipes and hoses in this area are used in a lot of applications, such as water, electricity, and heat.

Packing and Stopping: packings, gaskets, joint fillings, weather strips other sealing materials to prevent leaks or dust.

LIST

• absorbent sheets of paper or plastic for foodstuff packaging
• address stamps
• address plates for addressing machines
• addressing machines
• adhesive tape dispensers [office requisites]
• adhesive tapes for stationery or household purposes
• adhesive bands for stationery or household purposes
• adhesives [glues] for stationery or household purposes
• advertisement boards of paper or cardboard
• albums / scrapbooks
• almanacs
• announcement cards [stationery]
• aquarelles / watercolors [paintings] / watercolours [paintings]
• architects’ models
• arithmetical tables / calculating tables
• artists’ watercolor [watercolour] saucers / artists’ watercolor saucers / artists’ watercolour saucers / watercolor [watercolour] saucers for artists
• atlases
• bags [envelopes, pouches] of paper or plastics, for packaging
• bags for microwave cooking
• balls for ball-point pens
• bibs of paper
• binding strips [bookbinding]
• biological samples for use in microscopy [teaching materials]
• blackboards
• blotters
• blueprints / plans
• bookbinding material
• bookbinding apparatus and machines [office equipment]
• bookbindings
• bookends
• booklets
• bookmarkers
• books
• bottle envelopes of cardboard or paper
• bottle wrappers of cardboard or paper
• boxes of cardboard or paper
• cabinets for stationery [office requisites]
• calendars
• canvas for painting
• carbon paper
• cardboard
• cardboard tubes
• cards* / charts
• cases for stamps [seals]
• catalogues
• chalk for lithography
• chalk holders
• charcoal pencils
• chart pointers, non-electronic
• chromolithographs [chromos] / chromos
• cigar bands
• clipboards
• clips for offices / staples for offices
• cloth for bookbinding / bookbinding cloth
• coasters of paper
• comic books
• compasses for drawing
• composing frames [printing]
• composing sticks
• conical paper bags
• copying paper [stationery]
• cords for bookbinding / bookbinding cords
• correcting fluids [office requisites]
• correcting ink [heliography]
• correcting tapes [office requisites]
• covers [stationery] / wrappers [stationery]
• cream containers of paper
• credit card imprinters, non-electric
• desk mats
• diagrams
• document files [stationery]
• document laminators for office use
• document holders [stationery]
• drawer liners of paper, perfumed or not
• drawing pads
• drawing pins / thumbtacks
• drawing boards
• drawing materials
• drawing instruments
• drawing sets
• drawing pens
• drawing rulers
• drawing squares
• drawing T-squares
• duplicators
• elastic bands for offices
• electrocardiograph paper
• electrotypes
• embroidery designs [patterns]
• engraving plates
• engravings
• envelope sealing machines, for offices
• envelopes [stationery]
• erasing products
• erasing shields
• etching needles
• etchings
• fabrics for bookbinding
• face towels of paper
• figurines [statuettes] of papier mâché
• files [office requisites]
• filter paper
• filtering materials [paper]
• finger-stalls [office requisites]
• flags of paper
• flower-pot covers of paper / covers of paper for flower pots
• flyers
• folders for papers / jackets for papers
• folders [stationery]
• forms, printed
• fountain pens
• franking machines for office use / postage meters for office use
• French curves
• galley racks [printing]
• garbage bags of paper or of plastics
• geographical maps
• glue for stationery or household purposes / pastes for stationery or household purposes
• gluten [glue] for stationery or household purposes
• graining combs
• graphic prints
• graphic reproductions
• graphic representations
• greeting cards
• gummed tape [stationery]
• gummed cloth for stationery purposes
• gums [adhesives] for stationery or household purposes
• hand labelling appliances
• hand-rests for painters
• handkerchiefs of paper
• handwriting specimens for copying
• hat boxes of cardboard
• hectographs
• histological sections for teaching purposes
• holders for stamps [seals]
• holders for checkbooks [cheque books]
• house painters’ rollers
• humidity control sheets of paper or plastic for foodstuff packaging
• index cards [stationery]
• indexes
• Indian inks
• ink
• ink sticks
• ink stones [ink reservoirs]
• inking pads
• inking ribbons
• inking sheets for duplicators
• inking sheets for document reproducing machines
• inking ribbons for computer printers
• inkstands
• inkwells
• isinglass for stationery or household purposes
• labels, not of textile
• loose-leaf binders
• ledgers [books]
• letter trays
• lithographic works of art
• lithographic stones
• lithographs
• magazines [periodicals]
• manifolds [stationery]
• manuals [handbooks] / handbooks [manuals]
• marking chalk
• marking pens [stationery]
• mats for beer glasses
• mimeograph apparatus and machines
• modelling clay
• modelling wax, not for dental purposes
• modelling materials
• modelling paste
• moisteners [office requisites]
• moisteners for gummed surfaces [office requisites]
• money clips
• moulds for modelling clays [artists’ materials] / molds for modelling clays [artists’ materials]
• apparatus for mounting photographs
• musical greeting cards
• newsletters
• newspapers
• nibs
• nibs of gold
• note books
• numbering apparatus
• numbers [type]
• obliterating stamps
• office perforators
• office requisites, except furniture
• oleographs
• packaging material made of starches
• packing [cushioning, stuffing] materials of paper or cardboard
• pads [stationery]
• page holders
• paint boxes [articles for use in school]
• paint trays
• paintbrushes
• painters’ brushes
• painters’ easels
• palettes for painters
• pamphlets
• pantographs [drawing instruments]
• paper
• paper for recording machines
• paper sheets [stationery]
• paper clasps
• luminous paper
• paper tapes and cards for the recordal of computer programmes
• paper for radiograms
• paper ribbons
• paper shredders for office use
• paper knives [cutters] [office requisites] / paper cutters [office requisites] / paper knives [office requisites]
• paper coffee filters
• paper bows
• paper-clips
• paperweights
• papier mâché
• parchment paper
• passport holders
• pastels [crayons]
• pen clips
• pen cases / boxes for pens
• pen wipers
• pencil sharpening machines, electric or non-electric
• pencil leads
• pencil holders
• pencil lead holders
• pencil sharpeners, electric or non-electric
• pencils
• penholders
• pens [office requisites]
• perforated cards for Jacquard looms
• periodicals
• photo-engravings
• photograph stands
• photographs [printed]
• pictures
• placards of paper or cardboard
• place mats of paper
• plastic film for wrapping
• plastic bubble packs for wrapping or packaging
• plastic cling film, extensible, for palletization
• plastics for modelling
• polymer modelling clay
• portraits
• postage stamps
• postcards
• posters
• printed timetables
• printed matter
• printed publications
• printers’ blankets, not of textile
• printers’ reglets
• printing blocks
• printing type
• printing sets, portable [office requisites]
• prints [engravings]
• prospectuses
• punches [office requisites]
• rollers for typewriters
• rosaries / chaplets
• rubber erasers
• school supplies [stationery]
• scrapers [erasers] for offices
• sealing stamps
• sealing wax
• sealing machines for offices
• sealing compounds for stationery purposes
• sealing wafers
• seals [stamps]
• self-adhesive tapes for stationery or household purposes
• sewing patterns
• sheets of reclaimed cellulose for wrapping
• shields [paper seals]
• signboards of paper or cardboard
• silver paper
• slate pencils
• song books
• spools for inking ribbons
• square rulers
• stamp pads
• stamp stands
• stamps [seals]
• stands for pens and pencils
• stapling presses [office requisites]
• starch paste [adhesive] for stationery or household purposes
• stationery
• steatite [tailor’s chalk]
• steel letters
• steel pens
• stencil cases
• stencil plates
• stencils [stationery]
• stencils
• stickers [stationery]
• stuffing of paper or cardboard
• table linen of paper
• table napkins of paper
• tablecloths of paper
• tablemats of paper
• tags for index cards
• tailors’ chalk
• teaching materials [except apparatus]
• terrestrial globes
• tickets
• tissues of paper for removing make-up
• toilet paper / hygienic paper
• towels of paper
• tracing patterns
• tracing paper
• tracing cloth
• tracing needles for drawing purposes
• trading cards other than for games
• transfers [decalcomanias] / decalcomanias
• transparencies [stationery]
• trays for sorting and counting money
• type [numerals and letters] / letters [type]
• typewriter ribbons
• typewriter keys
• typewriters, electric or non-electric
• vignetting apparatus
• viscose sheets for wrapping
• waxed paper
• wood pulp board [stationery]
• wood pulp paper
• wrapping paper / packing paper
• wristbands for the retention of writing instruments
• writing slates
• writing or drawing books
• writing chalk
• writing materials
• writing paper
• writing cases [stationery]
• writing cases [sets]
• writing brushes
• writing instruments
• writing board erasers
• Xuan paper for Chinese painting and calligraphy

Your trademark application needs to accurately describe each item. This list provides some examples – however, the technical Class 17 goods specification is written down in law.

To apply for a trademark in Class 17, an applicant must adhere to the Indian Trade Mark Law in India, promulgated under the Trade Marks Act, 1999. The basic steps are:

1. Search: Search the Australian Trade marks Online Search System (ATMOSS) before you proceed with your application. This lowers the likelihood of rejections and expensive arguments.
2. Application Preparation (TM-A): Prepare the trade mark application form (TM-A) that will include your mark and Class 17 goods. This can be filed either online or at any of the Trademark Registry office.
3. Registry Review: The Trademark Office examines the application for formalities and conflict. And if the examiner does notice something, like similar marks, and description words etc., an Examination Report (objection) is sent to the applicant.
4. Journal Publication: After adverted or objections overcome, the mark is published in the Trademarks Journal to call for opposition, if any, from thirdparty. If no opposition is submitted (or opposition is settled), the mark registers.
5. Registration and Certification: A trademark registration in Class 17 is valid for 10 years from the date of registration, which is renewable.

Trademark registrations are applied for and examined in accordance with the provisions of the Trade Marks Act, 1999. Kaagzaat’s Trademark Registration offering can assist entrepreneurs in taking these steps. When filled for in India, the trade mark is examined under Sections 9 and 11 of the Act. Typical refusals at this juncture are for lacking of distinctiveness, such as diluted, generic, or descriptive language, or for likelihood of confusion with preexisting trademarks. In case the examiner makes the objection, the applicant is given 30 days time to respond to a written response for the trademark objection. A well-written response can withstand rejections by explaining the mark’s distinctive nature or modifying the goods description. For help, Kaagzaat has a very good Reply to Trademark Objection service as well.

“All the rules of Class 17 have to be complied with,” he said. We will also be happy to add a color claim or special logo. The term of a trademark is 10 years from the application date and it can be extended indefinitely. Keeping the mark in use (renewing it, monitoring its misuse) protects your privilege to use these materials.

A full availability search is necessary, if you are filing in Class 17. A trademark search is the act of verifying the official register for any preregistered that are similar or identical. This move helps you prevent conflicts and assess the risk of objections. Kaagzaat also the statement adds that a proper search, “makes certain that the requested trademark is novel, unique and does not conflict with trademarks already registered under [Class 17]”. In reality you would search both the class and closely related ones (as some plastic goods may be located in class 20, 19, etc.), just to be sure.

These are deep searches in the Classes 17 category to find marks that may be similar — similar to a deep inspection within an industrial hose, to search for hidden conflicts. There are several advantages of a good trademark search to consider, such as sidestepping potentially expensive court cases, protecting your brand identity, and saving time and money. Kaagzaat’s Trademark Search guide says a search “saves you the legal proceedings” that can come with finding a potential issue after the fact. It’s also known that there are many industrial, plastic product and brand names that sound the same or use similar logos, so it is advisable to reference the database as completely as possible. If an opposed mark is found, you might want to think about changing your mark or limiting the coverage of goods you will cover before you file.

Wild-card or phonetic searches for key words (such as “poly”, “insul-”, “rain-”) can trap variants.

Look up words with similar sounds or meanings in English and in other languages.

Review all results within Class 17 and subclasses and the classes referenced above.

Update your search close to the time you file, since there may be new applications pending.

Good search report will instil confidence in filing. If you do need to do this, it is often a good idea to use a professional or service to prevent things slipping under the radar.

Even after a search, the Office of the Trademarks may raise objections under sections 9 or 11 of the Act. In Class 17, common grounds are:

Lack of Distinctiveness (Sec. 9): Descriptive or generic marks of materials (e.g. “Strong Rubber”) or generic terms describing Class 17 goods could be refused.

Similarity to Existing Marks (Sec. 11): If the subject mark is the same or confusingly similar to a registered or pending mark for related products, registration will be denied. (For instance, “FlexiHose” and “FlexiTube” for flexible pipes might have issues.)

Public Order/Morality (Sec. 9): Opposition, use of offensive or scandalous symbols, a rare event in Class 17 matter.

Other Absolute Grounds: Marks that deceive as to function or origin or that are simply descriptive (e.g., a common name for a known substance with “®” or “TM”), may be refused.

If an objection is raised, the petitioner should submit a formal response within 30 days. The response ought to respond to each argument: i.e., assert acquired distinctiveness based on use, amend or disclaim descriptive matter, or argue that the proposed mark is distinguishable from the cited marks. In extreme cases, you can arrange a co-existence / prefix agreement with a compatible brand with another brand. In case of a trademark objection, Kaagzaat assists you in preparing replies. Once an adequate response is received, the application may be allowed for issuance (publication).

Just remember that during the ad/op period third parties can oppose your Class 17 mark if they think it infringes their rights. A well-crafted first application and search can minimise the risk of oppositions, but prepare to deal with oppositions with evidence of honest use or geographical distinction of the market.

What’s protected: Trademarks protect the elements of branding (names, logos, symbols) used in commerce. Copyright protects creative works (books, music, code) that are in a tangible form.

Registration: Trademark rights are obtained through registration (Trademark Act) or use (common law) in India while copyrights are automatic upon creation (but can be registered with the Copyright Office if you choose).

Duration: Trademarks last until the 10th year and are renewable. The copyright normally is for the life of the author plus 60 years (India’s term).

You could, as a Class 17 manufacturer, both register your company’s name/logo as a trademark when you put it on products and get copyright protection for original manuals or artistic works. For example, a printed circuit board design could be copyrighted, while a brand on cables printed on cables relies on trademark. Kaagzaat offers a Copyright Registration assistant which allows creators to copyright their work which adds copyright protection along with trademark protection.

Understanding these distinctions lets you use the correct tool: trademarks to protect your industrial brand identity in Class 17, and copyrights to protect any original, creative content (such as product designs or software manuals) that you produce.

Since it includes several materials for manufacturing (rubber, plastic, insulation, etc.), it is an important class for the industrial companies. When naming products in this category, it’s best to begin by conducting a comprehensive trademark search and selecting a unique mark. Comply with Indian registration process socks – get the TM-A ready, take time to respond against any objections and be on the lookout for opposition. Internationally, class 17 is consistently defined under the Nice Agreement, making a good Indian registration a perfect addition to your international strategy.

For business owners in India, Kaagzaat provides you end-to-end services for your trademark registration of Class 17 (including a trademark search and filing responses to objections). With the help of these services and by following legal best practices you can protect your brand in the rubber, plastic, insulation and sealing sectors and concentrate on growing your business.