Trademark Class 21 in India: Kitchenware, Household Items & Brand Protection

A trademark is a distinctive sign – such as a name, logo, or symbol – that identifies and distinguishes one party’s goods or services from another’s. Trademarks protect brand identity and build consumer trust. As WIPO explains, “a trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises”. By registering a trademark, the owner gains exclusive rights to use that mark in connection with the specified goods or services. This exclusive right provides legal certainty and protection in cases of infringement. In practical terms, a registered trademark becomes a valuable intangible asset – it can be licensed, franchised, or enforced against unauthorized users.
Registering a trademark in India (under the Trade Marks Act, 1999) is therefore crucial for businesses of all sizes. It secures brand equity and deters copycats. Without registration, even a well-known brand may have limited legal remedies if someone else uses a similar name or logo. A registered trademark confers a presumption of ownership, making it easier to stop infringers. In short, trademark registration in India is not just a formality; it is a strategic step to protect your brand’s identity and goodwill in the marketplace.

India follows the Nice Classification, an international system that groups goods and services into classes for trademark registration. Each class covers certain types of products. Class 21 specifically covers a broad range of household and kitchen goods. According to the official Indian classification, “Class 21 includes household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paintbrushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes”.
In simpler terms, Class 21 is the category for non-electric kitchenware and houseware – things like cookware, dinnerware, storage containers, cleaning tools and accessories. Examples of Class 21 goods include frying pans, dish racks, pressure cookers, kitchen knives, sponges, toothbrushes, and decorative glass vases. For convenience, the table below summarizes major Class 21 categories and example goods:

LIST

• abrasive pads for kitchen purposes
• abrasive sponges for scrubbing the skin
• aerosol dispensers, not for medical purposes
• animal bristles [brushware]
• aquarium hoods
• electric devices for attracting and killing insects
• autoclaves [pressure cookers], non-electric / pressure cookers [autoclaves], non-electric
• baby baths, portable
• baking mats
• basins [receptacles]
• baskets for domestic use
• basting spoons [cooking utensils]
• basting brushes
• beaters, non-electric
• beer mugs
• bird baths*
• birdcages
• blenders, non-electric, for household purposes
• boot jacks
• boot trees [stretchers]
• bottle openers, electric and non-electric
• bottles
• bowls [basins] / basins [bowls]
• boxes for dispensing paper towels
• boxes of glass
• bread baskets, domestic
• bread boards
• bread bins
• brooms
• brush goods
• material for brush-making
• brushes*
• brushes for footwear
• electric brushes, except parts of machines
• brushes for cleaning tanks and containers
• buckets / pails
• buckets made of woven fabrics
• bulb basters
• busts of porcelain, ceramic, earthenware or glass
• butter dishes
• butter-dish covers
• buttonhooks
• cabarets [trays]
• cages for household pets
• cake molds [moulds]
• candelabra [candlesticks] / candlesticks
• candle rings
• candle extinguishers
• candle jars [holders]
• candy boxes / boxes for sweetmeats
• car washing mitts
• carpet beaters [hand instruments]
• carpet sweepers
• cauldrons
• ceramics for household purposes
• chamber pots
• chamois leather for cleaning / buckskin for cleaning / skins of chamois for cleaning
• cheese-dish covers
• china ornaments
• chopsticks
• cinder sifters [household utensils]
• cleaning instruments, hand-operated
• cleaning tow
• closures for pot lids
• cloth for washing floors
• clothes-pegs / clothes-pins
• clothing stretchers / stretchers for clothing
• coasters, not of paper and other than table linen
• cocktail shakers
• cocktail stirrers
• coffee grinders, hand-operated
• coffee services [tableware]
• coffee filters, non-electric
• coffee percolators, non-electric
• coffeepots, non-electric
• comb cases
• combs for animals
• combs*
• electric combs
• confectioners’ decorating bags [pastry bags]
• containers for household or kitchen use
• cookery molds [moulds]
• cookie [biscuit] cutters
• cookie jars
• cooking pot sets
• cooking skewers of metal / cooking pins of metal
• cooking pots
• cooking utensils, non-electric
• corkscrews, electric and non-electric
• cosmetic utensils
• cosmetic spatulas
• cotton waste for cleaning
• cruet sets for oil and vinegar
• cruets
• crumb trays
• crushers for kitchen use, non-electric
• crystal [glassware]
• cups
• cups of paper or plastic
• currycombs
• cutting boards for the kitchen
• decanters
• deep fryers, non-electric
• demijohns / carboys
• deodorising apparatus for personal use
• dish covers / covers for dishes
• dishes
• dishwashing brushes
• disposable table plates
• drinking troughs
• drinking vessels
• drinking horns
• drinking bottles for sports
• drinking glasses
• dripping pans
• drying racks for laundry
• dustbins / garbage cans / refuse bins / trash cans
• dusting apparatus, non-electric
• dusting cloths [rags]
• earthenware / crockery
• earthenware saucepans
• egg cups
• enamelled glass
• epergnes
• eyebrow brushes
• feather-dusters
• feeding troughs
• fibreglass other than for insulation or textile use / fiberglass other than for insulation or textile use
• fibreglass thread, not for textile use / fiberglass thread, not for textile use
• figurines [statuettes] of porcelain, ceramic, earthenware or glass / statuettes of porcelain, ceramic, earthenware or glass
• flasks*
• flat-iron stands
• floss for dental purposes
• flower pots
• flower-pot covers, not of paper / covers, not of paper, for flower pots
• fly swatters
• fly traps
• food steamers, non-electric
• fruit cups
• fruit presses, non-electric, for household purposes
• frying pans
• funnels
• furniture dusters
• fused silica [semi-worked product], other than for building
• gardening gloves
• garlic presses [kitchen utensils]
• glass bulbs [receptacles] / glass vials [receptacles]
• glass flasks [containers]
• glass jars [carboys]
• glass stoppers / glass caps
• glass bowls
• glass, unworked or semi-worked, except building glass
• glass wool other than for insulation
• glass incorporating fine electrical conductors
• glass for vehicle windows [semi-finished product]
• glasses [receptacles]
• glove stretchers
• gloves for household purposes
• glue-pots
• graters for kitchen use
• grill supports / gridiron supports
• grills [cooking utensils] / griddles [cooking utensils]
• hair for brushes
• heat-insulated containers for beverages
• heat-insulated containers
• heaters for feeding bottles, non-electric
• hip flasks
• holders for flowers and plants [flower arranging]
• horse brushes
• hot pots, not electrically heated
• ice cube molds [moulds] / ice cube molds / ice cube moulds
• ice buckets / coolers [ice pails] / ice pails
• indoor terrariums [plant cultivation]
• indoor aquaria / tanks [indoor aquaria]
• indoor terrariums [vivariums]
• insect traps
• insulating flasks / vacuum bottles
• ironing board covers, shaped
• ironing boards
• isothermic bags
• jugs / pitchers
• kitchen grinders, non-electric
• kitchen containers
• kitchen utensils
• knife rests for the table
• lamp-glass brushes
• large-toothed combs for the hair
• lazy susans
• liqueur sets
• litter boxes [trays] for pets / litter trays for pets
• lunch boxes
• majolica
• mangers for animals
• menu card holders
• mess-tins
• mills for domestic purposes, hand-operated
• mixing spoons [kitchen utensils]
• mop wringers
• mops
• mosaics of glass, not for building
• moulds [kitchen utensils] / molds [kitchen utensils]
• mouse traps
• mugs
• nail brushes
• napkin rings
• napkin holders
• nest eggs, artificial
• noodle machines, hand-operated
• nozzles for watering hose
• nozzles for watering cans / roses for watering cans
• opal glass
• opaline glass
• oven mitts / barbecue mitts / kitchen mitts
• painted glassware
• paper plates
• pastry cutters
• pepper mills, hand-operated
• pepper pots
• perfume burners
• perfume vaporizers / perfume sprayers
• fitted picnic baskets, including dishes
• pie servers / tart scoops
• pig bristles
• piggy banks
• pipettes [wine-tasters] / wine tasters [siphons]
• plate glass [raw material]
• plates to prevent milk boiling over
• plungers for clearing blocked drains
• polishing leather
• polishing apparatus and machines, for household purposes, non-electric
• polishing materials for making shiny, except preparations, paper and stone
• polishing gloves
• porcelain ware
• non-electric portable coldboxes / non-electric portable coolers (Am.)
• pot lids
• potholders
• pots
• pottery
• poultry rings
• powder puffs
• powder compacts
• powdered glass for decoration
• rags [cloth] for cleaning / cloths for cleaning / rags for cleaning
• rat traps
• refrigerating bottles
• make-up removing appliances
• rings for birds
• rolling pins, domestic
• salad bowls
• salt cellars / salt shakers
• saucepan scourers of metal
• saucers
• scoops [tableware]
• scouring pads / pads for cleaning
• scrubbing brushes
• services [dishes]
• shaving brushes
• shaving brush stands / stands for shaving brushes
• shoe trees [stretchers]
• shoe horns
• sieves [household utensils]
• sifters [household utensils]
• signboards of porcelain or glass
• siphon bottles for carbonated water
• smoke absorbers for household purposes
• soap boxes
• soap dispensers
• soap holders / dishes for soap
• soup bowls
• spatulas [kitchen utensils]
• spice sets
• sponge holders
• sponges for household purposes
• make-up sponges
• spouts
• sprinklers
• statues of porcelain, ceramic, earthenware or glass
• steel wool for cleaning
• stew-pans
• strainers for household purposes
• strainers
• straws for drinking / drinking straws
• sugar bowls
• syringes for watering flowers and plants / sprinklers for watering flowers and plants
• table plates
• tableware, other than knives, forks and spoons
• tankards
• tar-brushes, long handled
• tea caddies
• tea services [tableware]
• tea infusers / tea balls
• tea strainers
• tea cosies
• teapots
• thermally insulated containers for food
• tie presses
• toilet brushes
• toilet cases / fitted vanity cases
• toilet paper dispensers
• toilet sponges
• toilet utensils
• toilet paper holders
• toothbrushes
• toothbrushes, electric
• toothpick holders
• toothpicks
• towel rails and rings / rails and rings for towels
• trays for domestic purposes, of paper
• trays for domestic purposes
• trivets [table “” not found /]
  
• trouser presses
• urns*
• utensils for household purposes
• vases
• vegetable dishes
• vessels of metal for making ices and iced drinks
• vitreous silica fibers [fibres], not for textile use
• waffle irons, non-electric
• washing boards
• washtubs
• waste paper baskets
• water apparatus for cleaning teeth and gums
• watering devices / sprinkling devices
• watering cans
• apparatus for wax-polishing, non-electric
• wax-polishing appliances, non-electric, for shoes
• whisks, non-electric, for household purposes
• window-boxes
• wool waste for cleaning
• works of art of porcelain, ceramic, earthenware or glass

The above classification is based on the official Nice list. Note that Class 21 does not include electric appliances (which are Class 7 or 11) or certain chemicals (Class 3). When filing in India, each product must be correctly classified. Misclassifying goods can lead to delays or re-filing (see Common Mistakes below).

For businesses dealing in kitchenware, household goods or glassware, trademark registration in Class 21 is particularly important. These markets often have many competitors, generic product names, and inexpensive copycats. A strong registered brand helps consumers recognize authentic products. When shoppers see a familiar trademark on cookware or tableware, they associate it with quality and safety.
Trademark registration gives sellers in Class 21 an exclusive right to use their brand on these goods, preventing others from confusing consumers. For example, major Indian kitchenware companies like TTK Prestige, Butterfly, Milton, Borosil and Cello rely on Class 21 trademarks to protect their brands on pressure cookers, cookware, flasks, and glassware. Without registration, an imitator could legally sell nearly identical products under a similar name, diluting the brand’s value. As WIPO notes, registration provides legal certainty and reinforces the position of the right holder.
In addition, registration allows the owner to prevent parallel imports and unauthorized imports of counterfeit household goods. In India’s growing e-commerce market, having a registered trademark lets the owner use available online takedown procedures against counterfeit listings. In summary, registering your kitchenware or houseware brand secures exclusive use in India and helps build long-term goodwill and consumer confidence in the Class 21 product line.

India’s trademark registration process consists of several formal stages: search and clearance, filing, examination, publication (opposition), and registration. Here is a step-by-step overview:

• Trademark Search (Clearance Search): Before applying, it is highly recommended to conduct a comprehensive search of existing trademarks. This is done via the IP India online database or with legal help. A search identifies any confusingly similar marks already registered in Class 21 (or other relevant classes). A proper clearance search avoids wasted time and fees on an application that might be refused due to a pre-existing mark.
• Filing the Application (Form TM-A): The applicant (individual or company) files an application online with the Controller General of Patents, Designs and Trade Marks (CGPDTM). The filing must specify the mark (word, logo or device), the goods (here, Class 21), and the applicant’s details. If filed by a company or non-individual, a power of attorney may be needed. Under the Trade Marks Rules, Form TM-A is used for a new trademark, and fees are paid per class. (For example, an e-filing fee for one class is ₹4,500 for individuals/startups/MSMEs or ₹9,000 for others.) Upon filing, an application number and filing date are granted instantly.
• Examination: Within about 30–90 days, the Registry examines the application. The examiner checks formalities and relative grounds (conflicts with existing marks). If there are no issues, the mark is accepted and moves to publication. If there are objections (absolute or relative), the Registry issues an Examination Report. The applicant then has 30 days (extendable) to reply to objections, arguing why the mark should be accepted (for example, by demonstrating distinctiveness or amending the specification). This back-and-forth may involve legal hearings or written submissions. (Under Rule 41, applicants can apply for hearing after the show-cause notice).
• Publication in the Trademark Journal: If the mark is accepted (either initially or after resolving objections), it is published in the Trade Marks Journal. Publication allows third parties to see the mark. From the publication date, a 4-month opposition window begins. During this period, anyone with an earlier right can oppose the registration by filing a notice of opposition (Form TM-O) with the Registry.
• Opposition (if any): If opposition is filed, the parties exchange pleadings and evidence. The Registry may call for hearings. The trademark is either refused or it proceeds. If no opposition is filed within 4 months, or if any opposition is decided in favor of the applicant, the application is allowed.
• Registration and Certificate Issuance: Once cleared of objections and oppositions, the mark is registered. The Registry issues a Certificate of Registration. This usually happens automatically through the electronic system if there are no pending oppositions. The entire process typically takes anywhere from 8 months to 2 years for straightforward cases. The key advantage is that the registration legally enshrines the owner’s exclusive rights in Class 21 goods.

For quick reference, the table below outlines each stage and a typical timeframe (domestic applications):

Throughout this process, it’s important to monitor application status on the IP India portal and meet all deadlines. Most modern filings in India are electronic, so the application is often processed through the online system.

Costs: The main government fees in India depend on the applicant type and mode of filing. As per the official fee schedule, the e-filing fee for one class is ₹4,500 for individuals/startups/SMEs, and ₹9,000 for others. This fee covers filing and initial processing (TM-A). If the application spans multiple classes, an additional fee applies for each class. Should the mark need renewal after 10 years, the fee for one class is similarly ₹9,000 (e-filing). (Physical filing fees are slightly higher: ₹5,000 and ₹10,000 respectively). Note that these are the official fees. If you engage a trademark attorney, their service fees are extra.
Timelines: As noted above, the process can span over a year. Here are some key timeline points:
Examination Report: ~1–3 months after filing.
Opposition Period: 4 months after publication.
Final Registration: If uncontested, expect registration in roughly 12–18 months from filing. With objections or opposition, it could extend to 2–3 years. One IP law guide notes that a domestic Indian trademark typically completes within 8–24 months.
Validity: Once registered, a trademark in India is valid for 10 years from the date of application. It can be renewed indefinitely thereafter.
To summarize (domestic applications): filing is immediate, examination ~1–3 months, then publication (4-month waiting), and finally registration certificate by about 1–2 years if all goes smoothly. These estimates are consistent with official practice: the automated system aims to issue certificates promptly once opposition periods lapse and any objections are cleared.

When pursuing trademark registration, especially for Class 21, applicants often make avoidable errors. Recognizing these can smooth the process and prevent rejection or delay:

• Choosing a Descriptive or Generic Mark: Avoid marks that merely describe the goods (e.g. “Kitchen Utensils” or “Silver Pan”). Descriptive words cannot be monopolized as trademarks. For example, India’s courts have struck down trademarks that were simply ordinary English words used generically. Always pick a distinctive name or logo. As experts advise, “everyday words…is not allowed” because they are non-distinctive. Use unique or coined words (or unusual graphics) to ensure registrability.
• Skipping a Thorough Search: Failing to search existing marks thoroughly is a common pitfall. If your chosen trademark is confusingly similar to an already-registered Class 21 mark, the application will likely be opposed or refused. Always use the official TM search tool on the IP India site (or engage an attorney) to do a detailed clearance search. This helps avoid wasting time and fees on a doomed application. As noted, “not conducting a profound search” risks infringing an existing trademark.
• Incorrect Classification of Goods: Mistakes in listing goods are serious. Each class has a specific scope. Omitting a relevant product or putting something in the wrong class means your trademark won’t cover the intended items. For example, Class 21 does not include electrical appliances. If you plan to register both cookware (Class 21) and a blender (Class 7), you need separate applications. Selecting the wrong class can force a costly re-application. Always double-check that all your Class 21 goods fit the official list, and apply in additional classes if necessary.
• Delays in Responding: Once an examination report (query or objection) is issued, timely response is crucial. Missing the deadline (usually 30 days) leads to abandonment. Similarly, if someone opposes your mark in the Journal, you must file a counter-statement. The Indian IPO won’t remind you indefinitely. As experts warn, “ignoring trademark watch services…can lead to missed deadlines”. It’s wise to monitor the trademark portal regularly or hire an agent to track status and press deadlines.
• Forgetting to Renew: Trademark protection is not permanent by itself. Upon registration, you gain 10 years of rights, but you must renew before expiry. If you let the deadline slip, the mark can be removed. Missing the renewal date of a registered trademark can cause the mark to expire and the owner to lose exclusive rights. In India, renewal must be filed (Form TM-R) within 6 months before expiry, or at most 6 months after (with a late fee). Always calendar the renewal due date well in advance.
• DIY Filing Pitfalls: Attempting to file without legal help can lead to simple errors (e.g. formatting, specification wording) that cause rejections. Given the complexities of trademark law, many advise seeking an experienced trademark attorney, especially for oppositions or legal arguments. An attorney will help you avoid “pleading errors” and ensure all forms and declarations are correctly filed.
• By steering clear of these mistakes – choosing a distinctive mark, doing a full search, classifying correctly, and complying with deadlines – you greatly improve the chances of a smooth Class 21 trademark registration.

A registered Class 21 trademark in India grants powerful enforcement rights. If anyone infringes (unauthorized use of a similar mark on similar goods), the owner can sue in civil court. Remedies include injunctions to stop use, damages, and accounts of profits. The courts generally act to uphold registered marks. In fact, IP authorities note that a registration confers the “exclusive right” to the trademark, meaning the owner alone can use (or license) it on those goods. This makes enforcement more straightforward: the Registry’s records serve as prima facie evidence of ownership.
Besides civil action, Indian law also provides criminal penalties for counterfeiting or falsifying trademarks. Under the Trade Marks Act (1999), knowingly applying a false trademark or selling goods under such a mark is punishable by imprisonment (6 months to 3 years) and fines. In practical terms, Sections 102–104 of the Act make it an offense to falsify any registered mark or to sell goods with a false mark. Courts can order the seizure and destruction of counterfeit goods. Police have specific search and seizure powers (per Section 115) to act against infringing goods.
For example, in 2023 the Delhi High Court enforced the Prestige trademark (see next section) by granting an injunction against infringing products. That case shows the courts’ willingness to protect registered marks in Class 21. In general, because trademark rights in India are “private rights and protection is enforced through court orders,” registration greatly strengthens your legal position. In practice, this means a Class 21 trademark owner can effectively police the market: sending cease-and-desist letters, filing civil suits for infringement or passing-off, and even involving criminal authorities against counterfeiters. The combination of civil remedies and criminal sanctions under the Trade Marks Act makes enforcement of Class 21 rights robust in India.

Case Studies and Examples of Class 21 Trademarks in India

Many well-known Indian brands have Class 21 registrations. These real-world examples illustrate the importance of trademarks for kitchen and household goods.
TTK Prestige (“PRESTIGE”): Perhaps India’s most famous cookware brand, TTK Prestige has registered the word and device mark “PRESTIGE” in Class 21 for pressure cookers, nonstick cookware, and kitchen utensils. In March 2023, the Delhi High Court upheld Prestige’s rights when a competitor tried to use a similar mark on gas stoves. The court confirmed that TTK Prestige’s long-standing Class 21 registrations (dating back to 1949) gave it exclusive rights in kitchen appliances, demonstrating how trademark registration helped enforce Prestige’s brand against imitators.
Borosil Glass Works (“BOROSIL”): Borosil is a leading Indian glassware and cookware brand (notable for its borosilicate glass utensils and laboratory glassware). While a detailed case isn’t cited here, Borosil has extensive trademark coverage in Class 21 for glassware, cups, bowls, and kitchen appliances. Its longstanding use and registrations in India help prevent others from selling glassware under confusing names.
Milton Plastics (“MILTON”): Milton is synonymous in India with vacuum flasks and water bottles. The “MILTON” mark is registered in Class 21 (for insulated flasks, mugs, etc.), protecting its brand on household containers. This ensures that consumers looking for Milton products can avoid confusion with other bottle manufacturers.
Butterfly (Nirlep) (“BUTTERFLY”): Butterly (brand of Nirlep Appliances) is a well-known name for pressure cookers and kitchen utensils. “BUTTERFLY” is a registered trademark in Class 21 for various cookware items. This registration secures its distinctive brand and colors on kitchen products.
These examples show that strong brands in the kitchenware industry rely on Class 21 trademark registration. When well-known brands like Prestige or Milton bring a new product to market (e.g. a new pressure cooker line), they do so under a registered trademark that consumers recognize and trust. By contrast, generic or unregistered brands lack such protection and are vulnerable to piracy. The Prestige litigation above illustrates how registration translates into enforceable market power, even against later users of the name.

Once a trademark is registered, the work isn’t over. Owners must maintain their registration to keep protection alive:

1. Use the ® Symbol: After registration, always use the ® (registered) symbol on products and packaging. This puts the public on notice of your rights and can deter infringers.
2. Monitor Your Mark: Keep an eye on the marketplace. Periodically search for new applications or competitors’ products that might infringe. You can set up trademark watch services or check the IP India Journal to catch conflicts early.
3. Update Information: If the owner’s address or name changes, file the appropriate form (TM-P for proprietor changes) with the Registry. Similarly, if you license the mark, list the registered user via TM-U.
4. Track Renewal Deadlines: A registered trademark lasts 10 years from the filing date. The Controller issues renewal notices six months before expiry. To keep the registration active, file Form TM-R before the expiration date. If you miss the expiry, Indian law allows a grace period up to 6 months after expiry (with an additional surcharge). For example, if a trademark expires on Jan 1st, you have until July 1st to renew (with late fees). Mark your calendars carefully. The official fee for renewal of one class is ₹9,000 (e-filing).
5. Maintain Records of Use: Keep invoices, labels, and ads showing you have continuously used the mark on Class 21 goods. This helps if you ever need to enforce or renew the mark (e.g. in case someone claims non-use).
6. Plan for International Protection: If you export goods or plan to sell abroad, consider filing an international (Madrid Protocol) application designating key markets, or registering nationally in those countries. Remember, an Indian trademark is territorial and does not automatically protect you overseas.

In short, renewing and policing your trademark is as important as the initial registration. A lapse in renewal can lead to removal from the register, forfeiting your exclusive rights. By staying on top of renewals (file TM-R in advance) and actively using your mark, you ensure the long-term strength of your Class 21 brand.