Trademark Class 1: Chemical Products

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trademark objection

Trademark Class 1 is for registering a trademark for chemical products used in science, industry and agriculture. It also includes those that go into the making of products belonging to other classes.

Class 1 mainly includes pharmaceuticals and other preparations for medical or veterinary purposes. Class 1 is one of 45 trademarks classes which is used by the U.S. Patent and Trademark Office (USPTO) when grouping of products or services.
Different services and goods have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes, 1 to 34 cover goods, and 35 to 45 services. The Indian Trademark Registry uses these to classify the trademarks.

When registering for any of these types of goods you have to choose Class 1:
Chemicals which are used in science, industry, and photography, as well as in forestry, agriculture and horticulture;
Unprocessed plastics and unprocessed artificial resins; manures;
Fire extinguishing compositions;
Soldering and tempering preparations;
Chemical substances used for preserving foodstuffs;
Adhesives which are used in the industry and tanning substances.

Class 1 is NOT used if you are registering:
Natural resins
Chemical products used in medical science
Herbicides, fungicides and preparations for destroying vermin
Adhesives used as stationery or for household purposes
Salt used for preserving foodstuffs
Straw mulch
Related (Coordinated) Classes

If you are unsure about registering in Class 1, you may also consider the following “coordinated” classes: Class 5 – Pharmaceuticals, Class 17 – Rubber Products, Class 35 – Advertising and Business Services, Class 42 – Science and Technology Services, and Class 44 – Medical and Vet Services. A coordinated class is one which is related to another class, this is because the USPTO has determined that applicants filing within Class 1 often need to file in the coordinated classes, as well.

The trademark registration is built on a class system. For each class of goods or services that is registered, a separate registration fee is payed.

The correct class should be indicated at the time of applying for a trademark registration, because if the class is found incorrect then the application process starts all over again.

Specimens for Class 1

If the mark is being used in commerce, then you must furnish a specimen of this mark as consumers see it .It is necessary for the specimen to show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a tag, label, or container for the goods, or a display which is associated with the goods. A copy or any other reproduction of a specimen of the mark as used on or in connection with the goods is acceptable.

In most cases, the label is an acceptable specimen, if the trademark is applied to the goods or the containers for the goods in Class 1 by means of labels. Mailing or shipping labels may be accepted if proper usage is shown and if they are fixed to the goods or to the containers for the goods .It is not acceptable if the mark shown is just used as a trade name and not a trademark.

The proper method of trademark affixation is to stamp a trademark on the goods, the container, or on the labels or tags attached to the goods or containers. The trademark can be imprinted on the body of the goods, with metal stamping; it can be applied by a rubber stamp; or be inked on by using a stencil or template. A trademark when used in this manner, photographs or facsimiles showing actual stamping or stencilling are acceptable as specimens.

The terms “applied to the containers for the goods” means it is applied to any type of commercial packaging that is normal for that particular good as they move in trade. Therefore, a showing of trademark on the normal commercial package for the particular Class 1 goods is an acceptable specimen.

A specimen showing the use of the trademark on a vehicle in which the goods are being marketed to the relevant purchasers can constitute the use of the mark on a container for goods, if this is normal mode of use of a mark for that particular goods.

A comprehensive listing of all the goods in Class 1

  • Filtering media of the chemical and the  non-chemical substances included in the class, ceramic materials in particulate form, for use as filtering media, activated carbons, filtering materials (chemical preparations), filtering preparations used for beverages industry, filtering materials (unprocessed plastics), filtering materials (mineral substances), filtering materials (vegetable substances).
  • Chemical preparations and materials used for film, photography and printing, albuminized paper, blueprint paper, baryta paper, blueprint cloth, cinematographic film, sensitized but not exposed/cinematographic films, sensitized but not exposed, collodion, solutions used for cyanotyping, diazo paper/diazo papers, ferrotype plates (photography), fixing baths (photography), fixing solutions (photography), gallic acid  used for the manufacture of ink, gallnuts, gelatine used for photographic purposes, pectin(photography), photographic emulsions, photographic sensitizers, photographic developers, photosensitive plates chemical preparations for use in photography, reducing agents for use in photography, self-toning paper (photography), sensitized photographic plates, cloth for photography, sensitized plates for offset printing/sensitized printing plates used for offset, sensitized films, unexposed, toning baths (photography), toning salts (photography), X-ray films, sensitized but not exposed.
  • Unprocessed/ natural plastics, compositions for manufacture of phonograph records, dispersions of plastics, plasticizers, unprocessed, plastisol.
  • Adhesives for use in industry, adhesives used for industrial purposes, adhesives used for billposting, adhesives used for paperhanging/adhesives for wallpaper, adhesives used for wall tiles, birdlime, cement used for mending broken articles, cement  used for footwear, cement-waterproofing preparations, except paints/cement-waterproofing chemicals, glue used for industrial purposes, gluten (glue), other than for stationery or for household purposes, gums (adhesives), other than for stationery or for  household purposes, leather glues, mastic for leather, mastic for tyres /cement for pneumatic
  • Chemicals used in agriculture, horticulture and forestry, chemical, additives, to insecticides/chemical additives to insecticides, to fungicides/chemical additives to fungicides, agricultural chemicals, except fungicides, weed killers, herbicides, insecticides and parasiticides, anti-sprouting preparations used for vegetables, carbolineum  used for the protection of plants, chemicals used for forestry, except fungicides, insecticides, herbicides and parasiticides, earth for growing, compost, expanded clay for hydroponic plant growing (substrate),manure/ fertilizers for agriculture, fertilizing preparations, fish meal fertilizers, formic acid, flower preservatives,  genes of seeds used for agricultural production, glutinous tree-grafting preparations/glutinous tree-banding preparations/glutinous preparations used for tree-banding/glutinous preparations used for tree-grafting, grafting wax used for trees, guano, grafting mastic for trees, hormones used for hastening the ripening of fruit, horticulture chemicals, except herbicides, fungicides, insecticides and parasiticides, humus/potting soil, loam, humus top dressing, nitrogenous fertilisers, nitrogenous lime (manure)/calcium cyanamide (fertilizer), peat pots used for horticulture, peat (fertiliser), phosphates (fertilisers), plant growth regulating preparations, potassium, potash, potash water, seaweeds (fertilizers), slag(fertiliser),seed preserving substances, soil conditioning preparations, superphosphate(fertiliser) substrates used for soil-free growing (agriculture), preparations of trace elements used for plants, tree cavity fillers (forestry), vine disease preventing chemicals, wood vinegar (pyroligneous acid)/pyroligneous acid
  • Detergents used in manufacture and industry, detergents for use in the manufacturing processes, milk ferments for the industrial purposes.
  • Chemical materials and chemical preparations, and natural elements, unprocessed, acetate of cellulose, acetone, acetates (chemicals), acetic anhydride, acetylene, acetylene tetrachloride, acid proof chemical compositions, acids, acidulated water used for recharging batteries/acidulated water used for recharging accumulators, actinium, additives, chemical, to drilling muds/chemical additives used to drilling muds, additives, chemical, to motor fuel/chemical additives to motor fuel, detergent additives to petrol (gasoline)/detergent additives to gasoline (petrol)/detergent additives to gasoline, adhesive preparations used for surgical bandages, albumin ( vegetable or animal, raw material), alcohol, aldehydes, alginates used for industrial purposes, alkalise, alkaline iodides used for industrial purposes, alkaline metals, alkaline-earth metals, alkaloids, alumina, alum, aluminium alum, aluminium hydrate, aluminium silicate, aluminium iodide, aluminium chloride, aluminium acetate, americium, ammonia alum, ammonia , ammonia (volatile alkali) used for industrial purposes/volatile alkali (ammonia) used for industrial purposes, ammoniac salts, ammonium aldehyde, ammonium salts, amyl acetate, amyl alcohol, anhydrous ammonia, anhydrides, animal carbon,  animal charcoal, animal carbon preparations, anti-boil preparations used for engine coolants, anti-frothing solutions used for batteries/anti-frothing solutions  used for accumulators, anti-incrustants, anti-knock substances used for internal combustion engines, anti-tarnishing chemicals used for windows, antimony, antifreeze, antimony oxide, antimony sulphide, antistatic preparations, other than for household purposes, antranilic acid, arsenic, argon, arsenious acid, astatine, auxiliary fluids used for use with abrasives, bacteriological preparations used for acidification, balm of gurjun (gurjon, gurja ) used for making varnish, barium, barium compounds, barium sulphate, baryta, barites, bases (chemical preparations), basic gallate of bismuth, bentonite, bauxite, benzene derivatives, benzoic acids, benzene-based acids, benzoic sulphide, berkelium, bicarbonate of soda used for chemical purposes, dichloride of tin, dichromate of potassium, dichromate of soda, biochemical catalysts, foundry binding substances, biological preparations, other than for medical or  veterinary purposes, bismuth, blood charcoal, bone charcoal, boric acid for industrial purposes, borax, brazing preparations, brazing fluxes, colour- brightening chemicals used for industrial purposes/colour-brightening chemicals used for industrial purposes, bromine used for chemical purposes, by-products of the processing of cereals used for industrial purposes, caesium, calcined soda, calcium carbide, californium, camphor used for industrial purposes, carbon, carbide, carbon sulphide, carbon  used for filters, carbon used black for industrial purposes, carbon tetrachloride, carbonic acid, carbonates, carbonic hydrates, casein used for industrial purposes, cassiopium (lutetium)catalysts, caustic alkali, caustic soda used for industrial purposes,  cellulose, cellulose esters used for industrial purposes, cellulose derivatives (chemicals), cellulose ethers used for industrial purposes, ceramic glazing’s, ceramic compositions used for sintering (granules and powders), compositions  used for the manufacture of technical ceramics, cerium, chemical preparations used for facilitating the alloying of metals, chemical reagents, other than for veterinary or medical  purposes, chemical substances used for analyses in laboratories, other than for veterinary or medical purposes/chemical preparations used for analyses in laboratories, other than for veterinary or medical  purposes, chemical intensifiers  used for paper, chemical intensifiers used for rubber, chemical additives used  for oils, chimney cleaners, chemical, chlorates, chlorine, chlorides, cholic acid, chromates, chrome alum, chrome salts, chromic acids, chromic  salts, chromium oxide, citric acid used for industrial purposes, clarification preparations/purification preparations, coal saving preparations, cobalt oxide used for industrial purposes, combusting preparations  (chemical additives to motor fuel), chemical condensation preparations, condensation-preventing chemicals, coolants used for vehicle engines, corrosive preparations, cream of tartar used for chemical purposes, cream of tartar used for industrial purposes, creosote for chemical purposes, crotonic aldehyde, cryogenic preparations, curium, cyanides (prussiates)/prussiates, cymene, decolourants  used for industrial purposes/bleaching preparations (decolourants)  used for industrial purposes, defoliants, degreasing preparations used for use in the  manufacturing processes/grease-removing preparations for use in  the manufacturing processes, dehydrating preparations used for industrial purposes, dextrin size, diatomaceous earth, disincrustants, distilled water, dolomite  used for industrial purposes, dry ice (carbon dioxide), dysprosium, emulsifiers, chemical preparations, except pigments used for the manufacture of enamel, opacifiers  used for enamel, enamel-staining chemicals, engine-decarbonising chemicals/chemical preparations used for decarbonising engines, enzyme preparations used for industrial purposes, enzymes used for industrial purposes, erbium, esters, ethers, ethyl alcohol, ethane, ethyl ether, europium, fatty acids, fat-bleaching chemicals, fermium, Ferro cyanides, finishing preparations for use in the manufacture of steel, fissionable chemical elements, fissionable material used for nuclear energy, flashlight preparations, flocculants, flowers of sulphur used for chemical purposes, fluids used for hydraulic circuits/liquids for hydraulic circuits, fluorine, fluorspar compounds, formic aldehyde used  for chemical purposes, foundry moulding preparations/foundry moulding preparations/foundry moulding preparations, francium, fuel used  for atomic piles, fuel-saving preparations, fuller’s earth used for use in textile industry, gadolinium, gallium, Gallo tannic acid, galvanizing baths/baths  used for galvanizing, galvanizing preparations, gas propellants  used for aerosols, gas purifying preparations/preparations  used for the purification of gas, gelatine used for industrial purposes, getters (chemically active substances), opacifiers  used for glass, preparations for preventing tarnishing of glass, glass-frosting chemicals, glass-staining chemicals, glucosides, gluten used  for industrial purposes, glycerides, glycerine  used for industrial purposes, glycol ether, glycol, graphite used  for industrial purposes, preparations used  for the separation of greases, gum arabic used for industrial purposes, gum solvents/degumming preparations, heavy water, hydrate, helium, holmium, hydrazine, hydro chlorates, hydrochloric acid, hydrogen, hydrogen peroxide/dioxide of hydrogen, hypochlorite of soda, hyposulphites, industrial chemicals, iodic acid, iodine used for chemical purposes, iodine used for industrial purposes, ion exchangers (chemical preparations)/ion exchangers (chemicals), isinglass other than for stationery, Or household or alimentary purposes, isotopes used for industrial purposes, lactic acid, kaolin/china slip/china clay, ketones, kieselgur, krypton, lactose used for industrial purposes, lactose (raw material), lamp black used for industrial purposes, lanthanum, lead arsenate, lead acetate, lead oxide, lecithin (raw material), lecithin used for industrial purposes, preparations for preventing tarnishing of lenses, lime acetate, lime chloride, lime carbonate, limestone hardening substances, liquids used for removing sulphates from batteries/liquids for removing sulphates from accumulators, Lithia (lithium oxide), lithium, litmus paper, magnesium carbonate, magnesite, magnesium chloride, magnetic fluid  used for industrial purposes, manganite, manganese dioxide, mercury, metal earths, mercuric oxide, metal hardening preparations, metal annealing preparations/metal tempering preparations, metalloids, methane, methyl ether, methyl benzoyl, methyl benzene, chemical preparations used to prevent mildew, mineral acids, moderating materials used for nuclear reactors, mordents used for metals, mould-release preparations/mould-release preparations, naphthalene, neodymium,  neptunium ,neon, nitrate of uranium, nitrates, nitrate paper, nitric monoxide/nitrous oxide, nitrogen, nitric acid, oil dispersants, oil-bleaching chemicals, oleic acid, oil-purifying chemicals, oil-separating chemicals, olivine (chemical preparations), opacifiers used for enamel or glass, oxygen, oxalates, oxalic acid, chemical preparations used for the manufacture of paints/chemical preparations used for the manufacture of pigments, palladious chlorides, paper pulp, pectin  used for industrial purposes, perborate of soda, petroleum dispersants, per carbonates, per sulphates, per sulphuric acid, phenol used for industrial purposes, picric acid, phosphatides, phosphoric acid, phosphorus, plutonium, polish removing substances/substances used for removing polish, polonium, potassium di oxalate, power steering fluid, praseodymium, preservatives used for pharmaceutical preparations, promethium, protactinium, protective gases  used for welding, pyro Gallic acid, quebracho  used for industrial purposes, radiator flushing chemicals, rare earths, radon, refrigerating preparations/refrigerants, renovating preparations  used for phonograph records, compositions for repairing tires (tyres)tire repairing compositions/tyre repairing compositions,  rubber preservatives, rhenium, rubidium, substances used  for preventing runs in stockings, salicylic acid, Sal ammoniac spirits/spirits of salt, Sal ammoniac, , saltpetre/saltpetre, samarium, sauce used for preparing tobacco, scale removing preparations, other than those  for household purposes, scandium, sea water used for industrial purposes, selenium, sebacic acid, separating and unsticking (ungluing) preparations/ungluing preparations/unsticking and separating preparations, silicon, silicates, silicones, silver salt solutions  used for silvering, silver nitrate, size for finishing and priming, sizing preparations, soap (metallic) used for industrial purposes, sodium, soda ash, soldering chemicals/welding chemicals, soldering fluxes, solidified gases used for industrial purposes, solvents used for varnishes, soot used for industrial or agricultural purposes, spinel (chemical preparations), spirits of vinegar (dilute acetic acid), enamel- and glass-staining chemicals, starch size (chemical preparations)/dressing and finishing preparations used for textiles, strontium, stearic acid, sulphides, sulphuric acids, sulphur, sulphuric ether, sulphurous acid, sulphuric acid,  talc (magnesium silicate), tan-wood, tannic acid, tartar other than those used for pharmaceutical purposes, tartaric acid, technetium, tellurium, tensio-active agents/surface-active chemical agents, terbium, tetrachloride’s, thallium, thiocarbanilide, thorium, compositions  used for threading, thulium, titanite, titanium dioxide  used for industrial purposes, toluol/toluene, toxic gas neutralizers, tragacanth gum for use by manufactures, uranium, tungstic acid,  uranium oxide, vinic alcohol, viscose, vitriol/copper sulphate (vitriol), wallpaper removing preparations, vulcanisation accelerators, vulcanising preparations, water glass (soluble glass), chemical preparations used for protection against wheat blight (smut)/chemical  used preparations to prevent wheat smut, witherite, wood  pulp, wood alcohol, preparations of the distillation of wood alcohol, xenon, zirconia, ytterbium, yttrium.
  • Compositions used for extinguishing and prevention of fire, fire extinguishing compositions, fireproofing preparations.
  • Sensitized paper, photometric paper, photographic paper, sensitized paper.
  • Photographic film, Chemical compositions and materials used in science, bacterial preparations other than those used for medical and veterinary use, bacteriological preparations other than  those used for medical and veterinary use, biological tissue cultures other than  those used for medical or veterinary purposes, chemical preparations used for scientific purposes, other than those used for medical or veterinary use, cultures of microorganisms other than  those used for medical and veterinary use/preparations of microorganisms other than those used for medical and veterinary use, diagnostic preparations, other than  those used for medical or veterinary purposes, electrophoresis gels, other than those used for medical or veterinary purposes, radioactive elements  used for scientific purposes, radium  used for scientific purposes, reagent paper, other than those used for medical or veterinary purposes, stem cells other than  those used for medical or veterinary purposes, test paper, chemical.
  • Chemical compositions and materials used in cosmetics, emollients used for industrial purposes.
  • Chemical compositions used in construction, brickwork preservatives, agglutinants for concrete, except  for paints and oils, cement preservatives, except  for paints and oils, cement (metallurgy), concrete preservatives, except for  paints and oils, concrete-aeration chemicals, damp proofing preparations, except paints,  used for masonry, foundry sand, masonry preservatives, except for paints and oils, preservatives used for tiles, except paints and oils.
  • Chemical compositions used for water treatment, water-softening preparations, water-purifying chemicals,
  • Compositions and materials  used for treatment of leather and textile, bate for dressing skins/dressing, except oils,  used for skins, catechu, currying preparations used for leather, currying preparations used for skins, fulling preparations for use in the textile industry, fulling preparations, Gambier, leather-dressing chemicals, leather-renovating chemicals, leather-impregnating chemicals, leather-waterproofing chemicals, mangrove bark used for industrial purposes, moistening (wetting )preparations for use in the  dyeing/wetting preparations for use in the  bleaching/wetting preparations for use in bleaching, moistening (wetting ) preparations for use in textile industry/wetting preparations for use in textile industry, oils  used for currying leather, oils used for preparing leather in the course of manufacture, oils used for tanning leather, organic-bleaching chemicals, stain-preventing chemicals for use on fabrics, sumac for use in  the tanning, tannin, tan, tanning substances, textile-brightening chemicals, wax-bleaching chemicals, textile-impregnating chemicals, textile-waterproofing chemicals.
  • Salts used for industrial purposes, bismuth nitrite used for chemical purposes, gold salts, calcium salts, iodized salts, iron salts, kainite, mercury salts, rock salts, perchlorates, salt for preserving, other than those used for foodstuffs, salt, raw, salts from rare earth metals, salts for colouring metal/salts used for colouring metal/salts used for colouring metal, salts used  for galvanic cells/salts for galvanic batteries, salts of precious metals  used for industrial purposes, salts used for industrial purposes, salts (chemical preparations), salts (fertilisers), salts of alkaline metals, sulphates, sodium salts (chemical preparations), sorrel salt.
  • Unprocessed and synthetic resins, synthetic materials used for absorbing oil, acrylic resins, artificial resins, unprocessed, unprocessed, brake fluid/brake fluids, epoxy resins, drilling muds, unprocessed, synthetic resins unprocessed, transmission fluid.
  • Starches used for manufacturing and industry, starch  used for industrial purposes, starch paste (adhesive), other than those used for stationery or household purposes, starch-liquefying chemicals (ungluing agents)/ungluing agents (chemical preparations for liquefying starch), tapioca flour used for industrial purposes.
  • Putties, and fillers and pastes used in industry, glaziers’ putty, oil cement (putty).
  • Fillers  used for vehicle body and tire repair, automobile body fillers/car body fillers/fillers  used for automobile bodies/fillers used for car bodies, compositions  used for repairing  the inner tubes of tires (tyres).
  • Compositions  used for food and beverages, agar-agar, alginates used for the food industry, artificial sweeteners(chemical preparations) animal albumen (raw material), beer preserving agents, beer-clarifying and preserving agents, casein used for the food industry, preparations used for stimulating cooking for industrial purposes, cream of tartar  used for the food industry, diastase used for industrial purposes, enzyme preparations used for the food industry, enzymes used for the food industry, ferments  used for chemical purposes, milk ferments used for the food industry, flour  used for industrial purposes, chemical substances used for preserving foodstuffs, glucose used for industrial purposes, glucose used for the food industry, gluten used for the food industry, iodized albumen, lactose used for the food industry, lecithin used for the food industry, malt albumen, meat tenderizers used for industrial purposes, milk ferments used for chemical purposes, must-fining preparations, oenological bactericides (chemical preparations used in wine making)/chemicals used in fermenting wine, oils used for the preservation of food, pectin used for the food industry, potato flour used for industrial purposes, protein (raw material), saccharin, chemical preparations used for smoking meat, wine finings.

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A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.

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