Trademark Class 9: Computers and Scientific Devices

trademark objection

Trademark Class 9 is for registering a varied range of trademarks for nautical, scientific, surveying, optical, photographic, cinematographic, weighing, signalling and measuring devices.

Class 9 mainly includes nautical, scientific, surveying, optical photographic, weighing, cinematographic, signalling measuring, checking (supervision), life-saving and teaching instruments and apparatus ; instruments and apparatus for switching, conducting, transforming, accumulating, controlling or regulating electricity; apparatus for recording, reproduction or transmission of sound or images; recording discs, magnetic data carriers; DVDs, compact discs and other digital recording media; mechanisms for coin-operated apparatus; calculating machines, cash registers, computers, data processing equipment; -extinguishing apparatus fire, computer software. Class 9 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 9:
1. Instruments and apparatus for scientific research in laboratories;
2. Instruments and apparatus for controlling ships, such as instruments and apparatus for measuring and for transmitting orders;
3. Protractors;
4. Punched card office machines;
5. All computer software and programs regardless of recording media or means of dissemination, that is, software downloaded from a remote computer network or recorded on magnetic media.

Class 9 is NOT used if you are registering:
1. Electromechanical apparatus for the kitchen (grinders and mixers for fruit presses, foodstuffs, electrical coffee mills, etc.), and certain other instruments and apparatus which are driven by an electrical motor
2. Apparatus for dispensing or pumping fuels
3. Flat irons ,electric razors, and clippers (hand instruments)
4. Electrical apparatus for cooking, space heating or for the heating of liquids, for ventilating, etc.
5. Electric combs and toothbrushes
6. Watches and clocks and other chronometric instruments
7. Control clocks
8. Amusement and game apparatus which are adapted for use with an external display monitor or screen.

Related (Coordinated) Classes

If you are unsure about registering in Class 9, you may also consider the following “coordinated” classes: Class 10 – Medical Supplies, Class 16 – Paper Goods, Class 28 – Games and Sporting Goods, Class 35 – Advertising and Business Services, Class 38 – Telecommunications Services, Class 39 – Shipping and Travel Services, Class 41 – Education and Entertainment 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 9 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 paid.

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 9

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 9 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.

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