Trademark Class 13 is one of 45 classes that categorize goods and services when applying for trademark registration. Fireworks, gunpowder, explosives, and cartridges fall under this class. This is a "wholesale" class.
The description is taken from the Nice Agreement and the international classification system used to register trademarks. Class 13 includes all products in this class regardless of whether they are used in industry or otherwise. You should use Class 13 on your trademark application if you have products in this class.
A comprehensive guide to the Trademark Filing Classification Class 13 will help you to understand what it is all about. There are several classes of goods or services for which trademarks must be applied for or registered, with each class representing a distinct class of products. The topic covered in this post is a detailed overview of the goods classified under Class 13 of the trademark classification system.
Do you know? Trademark registration fees for companies are ₹9000 per application. For individual trademark registrations, the government charges ₹4500 per application.
Also read: Trademark Check - How to Check if Trademark is Available | Khatabook
Goods Under Class 13
When applying for trademark registration, it is necessary to categorize the goods and services that will be trademarked as a part of the application. To classify trademarks, 45 different classes can be used to do so. In marketing terms, Trademark Class 13 is referred to as a wholesale class, which means that it should be used for products sold in large quantities or by large organizations.
Also, it falls under the "use" classification, as it relates to any use by someone other than yourself. The other goods in this section are considered tangible objects, such as clothing and shoes, rather than ideas that can be perceived as intangible, such as words printed on paper.
Class 13 covers everything from fireworks to firearms; so, if you're planning to register your company logo with the Indian Patent & Trademark Office, this section will help guide you through exactly what class 13 covers.
Class 13: Fireworks, Gunpowder, Explosives and Cartridges
Fireworks, gunpowder, explosives and cartridges fall under this class. These items are defined as ‘any product or thing that explodes or causes an explosion to occur when ignited’. This includes fireworks that produce loud noises but do not explode on impact with a person or object.
Fireworks may be classified as:
- Consumer fireworks (also called "amateur" fireworks) – these can be purchased from shops and sold in stores; for example sparklers, roman candles etc.;
- Commercial/professional pyrotechnics – produced by manufacturers who are licensed to sell them legally;
- Military pyrotechnics – produced by military personnel who have special licenses;
- Industrial uses such as mining applications where the explosive is used extensively underground under extreme temperatures;
- Spacecrafts carrying explosives require special licenses because they must operate within certain parameters set out by law– For example Spacecraft must be able to withstand a lightning strike of up to 100,000 amperes and 1 gigawatt of power within a one-kilometre radius;
- Fireworks are classified as explosives and therefore require special licenses to transport them.
- The different types of fireworks include:
- Roman candles – these are tubes that contain small charges of gunpowder, which are fired one after another;
- Pistils - these are small cylindrical tubes with a perforated cap at one end. They produce showers of sparks when ignited;
- Sparklers – these are long sticks that produce long-lasting glowing embers when ignited;
- Fountains - these have a tube filled with water and pyrotechnic composition which is ignited to shoot up into the air like a fountain for several minutes;
- Catherine wheels – these are wheels that spin quickly on a vertical axis while emitting sparks;
- Rockets - these are tubes that contain a stick of pyrotechnic composition and a fuse.
Why is Class 13 Known as Wholesale Class?
Class 13 under trademark is referred to as "wholesale." Such products are sold to other businesses, such as fireworks dealers and gunsmiths, to facilitate the sale of their products. There is no need to register a trademark for products directly distributed to consumers - you wouldn't want to register a trademark for fireworks or firearms that you will be selling directly to the general public if you were interested in registering it for them.
As it happens, if you want to sell fireworks and firearms, you can still register your company's name or logo as a trademark to protect your brand name or logo. However, it is important to remember that this is a "retail" class of goods, not a "wholesale" class.
The main difference between retail and wholesale goods is that retail goods are generally thought of as being sold at a lower price point than wholesale products. When you sell fireworks to consumers directly, for example, it would be considered a retail item if you were going to sell them to them directly. You will have to sell stocks to other businesses (for example, fireworks retailers or gunsmiths) if you are only planning on selling them to other businesses.
The same goes for firearms. They will be considered retail goods if you sell them directly to consumers. However, if you only sell them to other businesses (such as gunsmiths or collectors), they would be considered wholesale goods.
Also read: What Are Different Types of Trademarks in India? Examples & Kinds of Trademarks
What is a Nice Agreement?
The Nice Agreement is a list of goods and services. These products included in this class are fireworks, firearms, and ammunition. Trademark Class 13 consists of all products in this class regardless of whether they are used in industry or otherwise.
Classes are used for all types of goods and services, so even if you aren't buying fireworks from your local store, you can still apply for trademark registration if you own a business selling them (including online retailers).
The goods and services in Class 13 are all related to fireworks, from the manufacture of fireworks to their sale. For example, if you have a company that manufactures fireworks and sells them online, you can apply for trademark registration on this class of goods.
You can also apply for trademark registration on any other types of fireworks-related products that may not be included in one of these classes but still fall under Class 13.
Trademark Class 13: Goods and More
13 Class includes all products in this class regardless of whether they are used in industry or otherwise.
The description is taken from the Nice Agreement, the international classification system used to register trademarks. 13 Class includes:
- Firearms;
- Fireworks;
- Firecracker Gun India;
- Gunpowder (including squibs);
- Explosives and explosives devices;
- Cartridges for firearms;
- Ammunition for firearms (whether made wholly or partly from metal or other materials);
- Bombs that explode on impact with their target
- Gun Crackers
- Rockets; Grenades, torpedoes, and other explosive devices (whether made wholly or partly from metal or other materials); Mines, grenades, and similar devices that explode when they come into contact with the ground or water; Fuses for igniting explosives
- Detonators for explosives; Rockets, bombs, and grenades that explode on impact with their target; Cartridges not specifically adapted for use with firearms; Ammunition not specifically adapted for use with firearms
- Cartridges for firearms, not specifically adapted for use with firearms; Bombs that explode on impact with their target; Grenades, torpedoes, and other explosive devices (whether made wholly or partly from metal or other materials); Mines, grenades, and similar devices that explode when they come into contact with the ground or water
- Fuses for igniting explosives; Detonators for explosives; Rockets, bombs, and grenades that explode on impact with their target
- Cartridges not specifically adapted for use with firearms; Ammunition not specifically adapted for use with firearms; Cartridges for firearms, not specifically adapted for use with firearms
Why is Class 13 Referred as ‘Restricted’?
You will use 13 Class on your trademark application if you have products in this class. The goods and services associated with these products are sold at wholesale prices (i.e., they cannot be sold to end users who pay retail).
Class 13 includes:
- Fireworks and explosives;
- Firearms and ammunition;
- Ammunition, firearms or parts thereof
Gunpowder and other explosive compositions; Ammunition or projectiles for firearms or ammunition, including shotshells, cartridges, and shotgun shells; Parts of weapons of war, including rifles, pistols, and revolvers
Guns, rifles, and pistols; Revolvers or pistols; Weapons of war, including rifles, revolvers, or pistols; Cartridges for weapons of war; Ammunition for weapons of war; Military guns and firearms
Weapons of war, including rifles, revolvers, or pistols; Ammunition for weapons of war; and Guns, rifles, pistols, and revolvers
Class 13 is also commonly referred to as a “restricted” class. This means that the trademark registration holder must be licensed by a government authority to sell these goods or services within India.
Also read: What Are Trademark Classes? Explained in Detail Along with Trademark Class List
Conclusion
In a nutshell, trademarks should be applied or registered under classes, each having a distinct class of goods and services. The article comprehensively covered the goods under class 13 of trademark classification. There are few more exciting times for a brand than when launching a product or service. This is when you want your trademark to be at its strongest, as it will play a major role in the success of your brand.
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