TRADEMARK CLASS 34: Tobacco and Smoking Products

A trademark protects a company’s distinguishing logo, word, or phrase from being used by someone else. Businesses must file a trademark application with the United States Patent and Trademark Office (USPTO). All trademarks are classified by the USPTO into 45 different classes, with each class representing a different group of goods or services.

Why are Trademark Classes Necessary?

The USPTO categorizes various brand marks using the 45 international trademark classes. Each class essentially refers to a specific grouping of either products or services. Another reason trademarks are useful is to protect a company’s branding within a specific industry.

By categorizing trademarks, a company in one class can prevent any other company in that class from using similar branding. Businesses that register under different trademark classes may, however, use similar marks in commerce.

Because they operate in inherently separate markets, “Dove Soap” and “Dove Ice Cream” can both be trademarked at the same time.

As a result, it’s unlikely that anyone will mix up the two companies.

Choosing the right class can be a difficult task. If you do not file under the correct class, the USPTO will reject your application and you will have to restart the application process (and pay another fee).

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Trademark Class 34 encompasses all tobacco products as well as the majority of smoking accessories.

As a result, the products covered by this class can be divided into what and how of tobacco.

“The What”: Objects Which Contain Tobacco

By default, most tobacco-containing objects fall under Trademark Class 34. This category includes cigarettes, cigars, chewing tobacco, snuff, and pipe tobacco. Class 34 also includes a variety of tobacco substitutes, such as electronic cigarettes and other plant-based substitutes. The only exception would be substituted for medical purposes, which would fall under Class 5.

“The How”: Matches, Lighters, and Tobacco Accessories

This category includes a wide range of companion products in addition to tobacco products. Products in this category include matches, lighters, ashtrays, cigar holders, cigarette filters, pipes, spittoons, and cigar cutters. Certain types of tobacco containers, while somewhat out of date, are also included in this category. Snuff boxes, tobacco pouches, cigarette cases, and various pipe accessories are also included in this category.

Related Classes

A related trademark class is related to another class; this is because the Indian Trademark Office (ITO) has determined that applicants registering in Class 34 are also eligible to register in these other classes.

If you are unsure about Class 34, consider the following “Related Classes”: Class 42– Science and Technology Services, Class 35– Advertising and Business Services, and Class 4– Industrial Oils.

Trademark Registration fees vary according to the class system as well. Each class of goods and services that you want to register requires a separate registration fee. For example, if you want to register a trademark in Class 5 for Pharmaceuticals and Class 10 for Dental Instruments and Apparatus, you must pay two separate fees.

When registering a trademark, it is critical to select the correct class; if you register a trademark in the incorrect class, you must restart the registration process from the beginning.

Trademarks are an essential part of marketing your company.

Wise businesses use a trademark to prevent other companies from using their identifying mark.

Tobacco products and accessories are included in Trademark Class 34. If you are thinking about filing for a trademark with the USPTO, you should consult with a trademark lawyer. A lawyer can ensure that you are filing in the correct class and are not infringing on any other trademarks in that class.