Basics of Trademark Class 13: Firearms and Fireworks

Trademark Class 13 includes firearms, explosives, self-defence sprays, flare pistols, air pistols, hunting firearms, etc. All other types of arms and ammunition, whether used in sports, hunting, or for defence purposes, are included in this class.

The significant heads under this category are:

• Firearms: This head covers all sorts of pistols, rifles, shotguns, BB guns, air guns, etc. Everything that can be categorised as a handheld firearm that can be used for offensive purposes is covered under this head.

• Ammunition: This head covers ammunition, pellets, shards, grenades, shells, cases, bullets, casings, etc. It is complementary to firearms, and anything that can be used to load firearms is covered under this head.

• Explosives: Dynamite, C4, gunpowder, detonators, explosive chargers, etc., are covered under the explosives head in Trademark Class 13. Firecrackers and fuses for explosives are also covered under this head.

• Sprays: Self-defence sprays such as pepper spray, chilli spray, tear gas spray, etc., are also covered under Trademark Class 13.

• Flares: Rescue flares, explosive fog signals, flare pistols, and flare rockets are also part of this class. They are usually meant for survival when one needs to signal their presence to ask for help.

Read more: Shedding Light on Trademark Class 12: Vehicles

Information of Goods under Trademark Class 13

Trademark Class 13 is sensitive because it deals with arms and ammunition. Hence, it is important to know clearly what goods are included.

Below is a list of goods included in this class, grouped under certain heads for easy recognition:

Arms

Goods List	Goods List
Shotguns	Assault rifles
Submachine guns	Machine guns
Sniper rifles	Air rifles
BB guns	Crossbows
Harpoon guns	Flare guns
Tasers	Stun guns
Muskets	Handguns
Revolvers	Assault rifles
Air pistols	Paintball guns
Cannons	Missiles
Gunstocks	Harpoon guns
Noise suppressor for guns	Gun barrels
Gun cases	Rocket launchers
Rockets	Torpedoes
Tanks	Projectile weapons
Crossbows

Ammunition

Goods List	Goods List
Bullets	Cartridges
Shells	Missile rockets
Arrows for crossbows	Ammunition belts
Blank cartridges	Tracer ammunition
Incendiary ammunition	Rubber bullets
Bean bag rounds (BB Guns)	Smoke Grenades
Flashbangs	Gas grenades
Grenades	Pellet grenades
Mortar shells	Shotgun shells
Paintball ammunition for paintball guns	Stun grenades
Automatic ammunition belts

Explosives and Pyrotechnics

Goods List	Goods List
Gunpowder	TNT
C-4	Explosive charges
Nitroglycerin	Ammonium nitrate explosives
Dynamite	Detonating plugs
Detonating fuses	Detonating caps
Mining explosives	Semtex
Flash powder	Shaped charges
Cordite

Signals and Flares

Goods List	Goods List
Flare guns	Signal cartridges
Emergency signal beacons	Marine distress signals
Railway track signals	Roadside emergency signals
Signal mirrors	Signal horns
Whistle signals	Marine flares
Road flares	Aerial flares
Smoke flares	Flare guns
Infrared flares	Distress flares
Safety flares	Trip flares
Decoy flares	Floating flares
Aircraft flares	Illumination flares
Search and rescue flares	Ground marker flares
Combat flares

Fireworks

• Rocket fireworks
• Spiral fireworks
• Firecrackers
• Firework mines
• Firework rockets
• Multishot firework cases
• Comet fireworks
• Wheel fireworks
• Bottle rockets

Sprays

• Pepper spray
• Mace spray
• Chilli spray
• Dog-repellant spray
• Tactical pepper spray
• Foam pepper spray
• Tear gas spray
• Tear gas vials
• Keychain pepper spray

Some Popular Class 13 Trademarks

Many arms companies are famous for their designs and innovative systems, so much so that certain guns are referred to by the company that first made them. This tells us how vital trademark registration can be for this class.

Some famous trademarks belonging to this class are:

• Glock: Synonymous with the Glock design pistols, Glock is famous for creating them. Glock is a big name in the world of firearms and is one of the biggest companies manufacturing pistols.

• Smith and Wesson: Smith and Wesson produced the gun used by the American police for most of the 20th century. This fact can easily be attributed to their popularity and the respect they command.

• DuPont: They are pretty famous for their explosives and related products, but they also manufacture other famous products in their offspring brands, such as Kevlar (Bulletproof vests), Corian, and Tyvek.

• Beretta: Beretta is quite famous for its handguns and revolvers. The Beretta 9mm Beretta M9 is the most famous 9mm pistol ever made.

• Ruger: They are one of America’s largest firearms manufacturers and are famous for their durability and reliability.

Goods NOT Included in Trademark Class 13

It is essential to know which goods fall outside the scope of this class, even though they might seem related. Such goods or groups of goods are:

Weapon grease:

Grease intended to manufacture weapons for lubricating them or any of their components is classified under Class 4 of the NCL instead of Trademark Class 13. Class 4 contains industrial oils and greases.

Blades as weapons:

Hand-held non-explosive weapons such as blades, swords, cleavers, machetes, etc., are under the purview of Class 8 (Hand tools and implements) and not Trademark Class 13. Other blades may also be placed in Class 21 (Cutlery).

Christmas crackers:

These firecrackers and percussion toy caps are placed under Class 28 (Toys and Games) instead of Class 13. This is because, even though they are tiny explosives, they are okay for children to use as toys for entertainment.

Toy weapons:

Toy weapons and pistols that cannot harm anyone are classified under the toys and games class (Class 28). Anything that can be remotely lethal is classified under Class 13, whereas the rest that can be used for entertainment and collection are classified under Class 28.

Matches:

Matches, including tobacco and tobacco substitutes, cigarettes, and cigars, are placed under Class 34 (smoker’s articles).

Telescopic sights:

All sights for guns other than telescopic sights are placed under Trademark Class 13. Only telescopic sights are placed under Class 9 (Scientific Equipment and Electronics.

Read more: Trademark Class 14: Jewellery, Precious Metals, and Stones

Corresponding Classes of Trademark Class 13

Corresponding or related classes are the classes whose goods most closely resemble the goods from the concerned class, which in this case is Trademark Class 13.

The corresponding classes of Trademark Class 13 are:

Class 9 (Scientific Equipment):

Class 9 contains scientific and navigational equipment and electronics. Telescopic sights and electronic equipment for firearms, such as lasers, range finders, etc., are under the purview of Class 9 instead of Class 13.

Class 28 (Toys and Games):

Toy firearms, like NERF guns, dart guns, toy arrows, etc., are included in Class 28. Also, Christmas crackers are excluded from regular firecrackers in Class 13 and placed in Class 28. Class 28 instead of Class 13 includes airsoft guns and other paintball equipment.

Class 41 (Education and Entertainment Services):

Firearms safety training and shooting range services are also excluded from Class 13. These services are part of Class 1. Similarly, Fireworks display services and shows are also a part of Class 41.

Class 45 (Legal and Security Services):

Class 45 covers safety guard services involving firearms, arms licensing, personal security services and consulting.

Benefits of Registering a Trademark

Getting a trademark for your brand or products means a lot if you want to grow your brand sustainably. Trademarks ensure that competitors cannot replicate or mimic your products and their identity, thereby profiting from your brand and your hard work. Trademarks give you the legal protection you require to fight the infringement of your intellectual property.

There are several benefits to getting a trademark registration for your brand or product. Some of them are:

• Brand Identity: Trademarks serve as identity proofs in the marketplace. It helps your customers understand which product they are picking. Trademarks help you differentiate your product offerings and make them recognisable to the average consumer.

• Legal Protection: The first and foremost benefit of acquiring a trademark registration for your product is that you get the exclusive legal right to use the trademark. No competitor can use the trademarked intellectual property to replicate or mimic your product or service. Any offence of the same would result in legal action against the accused.

• Licensing Opportunities: No one can use a trademark that you own without legal permission. This gives rise to several licensing opportunities and the chance to acquire more revenue streams. Licensing your trademark means allowing someone to use it in return for compensation or royalties.

• Marketing Tool: As pieces of intellectual property and creative nature, trademarks are excellent tools for pivoting marketing efforts. Some famous jingles of the old era or iconic mascots representing brands and trademarks are beautiful tools for framing marketing campaigns that people remember.

Stages in the Trademarking Process

India has a transparent trademarking process. Still, many legal requirements must be fulfilled, and the application must be highly detailed and contain all the relevant details about your proposed trademark.

Below is a brief outline of the different stages involved in the trademarking process:

Trademark Search:

The process of trademarking begins with searching the comprehensive list of all existing trademarks to ensure that a similar trademark does not already exist. Indian Trademark Registry maintains a list of all existing trademarks. If there is no similar trademark and the applicant has a genuine and unique trademark request, it can be taken forward. If an identical trademark is found, you cannot proceed with your application, which is scrapped.

Application:

An application must be made to the Indian Trademark Registry, which contains the nature of the proposed trademark, details of the product or service, its intended use, etc. It should include details of the proposed trademark, an appropriately selected class, and the description of the product or service it will be affixed to. A date of first use or suggested trademark use should also be mentioned. It should also include details of your company.

Application Review:

The Indian Trademark Registry comprehensively reviews the application and tests its veracity and genuity. It may include contacting the applicant for further clarifications and additional information. Such clarification requests are usually time-bound, and the process halts if you cannot answer them in time.

Publication in Trademark Journal:

If the Indian Trademark Registry accepts the application, the proposed trademark will be published in the Trademark Journal. A four-month objection period follows, during which oppositions and objections are invited. Existing trademark holders who want to move against it for infringement can raise such objections.

Issue of Certificate:

Suppose there are no objections to the trademark, or the objection is settled in the applicant’s favour. In that case, the registrar issues the trademark certificate, which officially signals the trademark’s inclusion in the Indian Trademark Registry. The applicant can formally use the ™ symbol after their trademarked intellectual property and enjoy legal protection from infringement. The trademark remains valid for ten years, after which it has to be renewed every ten years.

The Final Words

Trademark Class 13 is basically concerned with firearms, flare pistols, self-defence sprays, etc. A wide range of arms and ammunition belongs to this class. To get expert assistance in trademark monitoring and trademark Objection, visit Trademark Search.

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