Under the internationally recognised Nice Classification system, trademarks are categorised into 45 different classes, each representing a specific group of goods or services. Trademark Class 19 relates to non-metallic building materials and other construction-related goods. Understanding this class is essential for businesses in the construction, architecture, and real estate sectors, as well as for manufacturers and suppliers of building products.
This blog offers a comprehensive overview of Trademark Class 19 in India, covering the goods it includes and the process of registering a trademark under this class.
What is Trademark Class 19?
Trademark Class 19 covers non-metallic materials used in building, construction, and civil engineering works. These include natural and artificial materials such as wood, stone, clay, concrete, glass, and plastics – provided that they are in forms suitable for building purposes.
Goods Covered under Trademark Class 19
The following types of goods fall under Trademark Class 19:
1. Building and construction materials (non-metallic)
- Advertisement columns, not of metal
- agglomerated bagasses of cane [building material]
- alabaster glass
- alabaster
- angle irons, not of metal
- artificial stone
- asbestos cement
- asbestos mortar
- asphalt
- asphalt paving
- balustrading
- beams, not of metal/girders, not of metal
- binding agents for making briquettes / binding agents for making stones
- binding material for road repair
- bitumen
- bituminous products for building
- bituminous coatings for roofing
- branching pipes, not of metal
- bricks
- building timber/lumber
- building cardboard [asphalted]
- building paper
- building glass
- building stone
- building materials, not of metal/construction materials, not of metal
- building panels, not of metal
- calcareous marl
- ceilings, not of metal
- cement slabs
- cement posts
- cement for furnaces
- cement for blast furnaces
- raw chalk
- clay
- clinker ballast
- coal tar
- materials for making and coating roads
- coatings [building materials]
- concrete
- concrete building elements
- cornices, not of metal
- crash barriers, not of metal, for roads
- doors, not of metal
- door panels, not of metal
- door frames, not of metal/door casings, not of metal
- drain pipes, not of metal
- drain traps [valves], not of metal or plastic
- ducts, not of metal, for ventilating and air-conditioning installations
- earth for bricks
- felt for building
- fences, not of metal
- fire burrs
- fireclay/grog [fired refractory material]
- fireproof cement coatings
- flashing, not of metal, for building
- floor tiles, not of metal
- floors, not of metal
- folding doors, not of metal
- framework, not of metal, for building/framework for building, not of metal
- furrings of wood
- gates, not of metal
- geotextiles
- granite
- gravel
- gypsum
- hips for roofing
- insulating glass [building]
- jalousies, not of metal
- joists, not of metal
- laths, not of metal
- latticework, not of metal/trellises, not of metal
- lengthening pieces, not of metal, for chimneys
- lime
- limestone / calcareous stone
- linings, not of metal, for building/cladding, not of metal, for building/coverings, not of metal, for building/facings, not of metal, for building/surfacings, not of metal, for building
- lintels, not of metal
- macadam
- magnesia cement
- manhole covers, not of metal
- manufactured timber
- marble
- masts [poles], not of metal
- mortar for building/grout
- mosaics for building
- mouldable wood / moldable wood
- mouldings, not of metal, for cornices/moldings, not of metal, for cornices
- mouldings, not of metal, for building/moldings, not of metal, for building
- olivine for building
- palings, not of metal/palisading, not of metal
- pantiles
- paperboard for building/building cardboard
- parquet floor boards
- parquet flooring
- partitions, not of metal
- luminous paving blocks
- paving blocks, not of metal
- paving slabs, not of metal
- penstock pipes, not of metal
- pilings, not of metal/sheet piles, not of metal
- pitch
- planks [wood for building]
- plaster
- plate glass [windows], for building
- platforms, prefabricated, not of metal
- plywood
- porphyry [stone]
- posts, not of metal, for power lines/poles, not of metal, for power lines
- posts, not of metal
- quartz
- railway sleepers, not of metal/railroad ties, not of metal
- reeds, for building
- refractory construction materials, not of metal
- reinforcing materials, not of metal, for building
- rigid pipes, not of metal [building]
- road marking sheets and strips of synthetic material
- road coating materials
- rock crystal
- roof gutters, not of metal
- roof flashing, not of metal
- roof coverings, not of metal
- roofing slates
- roofing shingles
- roofing tiles, not of metal
- roofing, not of metal
- roofing, not of metal, incorporating solar cells
- rubble
- safety glass
- sand, except foundry sand
- sandstone for building
- sandstone tubes
- sawn timber
- scaffolding, not of metal
- scantlings [carpentry]
- schists
- shuttering, not of metal, for concrete
- shutters, not of metal
- silica [quartz]
- sills, not of metal
- silos, not of metal
- silver sand
- slabs, not of metal, for building
- slag [building material]
- slag stone / clinker stone
- slate
- slate powder
- stone
- street gutters, not of metal
- stringers [parts of staircases], not of metal
- tar
- tarred strips, for building
- telegraph posts, not of metal
- terra cotta
- tile floorings, not of metal
- tiles, not of metal, for building
- tufa
- veneer wood
- vinyl siding
- wainscotting, not of metal
- wall claddings, not of metal, for building
- wall linings, not of metal, for building
- wall tiles, not of metal
- water-pipe valves, not of metal or plastic
- water-pipes, not of metal
- window glass, except glass for vehicle windows
- window glass, for building
- window frames, not of metal
- windows, not of metal
- wood, semi-worked
- wood for making household utensils
- wood paving
- wood veneers/veneers
- wood panelling
- wood pulp board, for building
- wooden floor boards
- works of stonemasonry
- xylolith
2. Non-metallic structures and installations
- aquaria [structures]
- aquarium gravel
- aquarium sand
- arbours [structures not of metal]
- armoured doors, not of metal / armored doors, not of metal
- aviaries, not of metal [structures]
- beacons, not of metal, non-luminous
- bicycle parking installations, not of metal/installations, not of metal, for parking bicycles
- bird baths [structures, not of metal]
- buildings, not of metal
- buildings, transportable, not of metal
- busts of stone, concrete or marble
- cabanas, not of metal
- caissons for construction work under water
- casement windows, not of metal
- cask wood / stave wood
- chicken-houses, not of metal
- chimney cowls, not of metal
- chimney pots, not of metal
- chimney shafts, not of metal
- chimneys, not of metal
- diving boards, not of metal
- duckboards, not of metal
- fair huts
- figurines [statuettes] of stone, concrete or marble/statuettes of stone, concrete or marble
- floating docks, not of metal, for mooring boats
- foundry molds [moulds], not of metal
- grave slabs, not of metal/tomb slabs, not of metal
- gravestones/tombstones
- greenhouse frames, not of metal / horticultural frames, not of metal
- greenhouses, transportable, not of metal
- huts
- insect screens, not of metal
- letter boxes of masonry
- mantlepieces
- memorial plaques, not of metal
- monuments, not of metal
- mooring bollards, not of metal
- outdoor blinds, not of metal and not of textile
- porches, not of metal, for building
- prefabricated houses [kits], not of metal
- props, not of metal
- tomb or grave enclosures, not of metal/grave or tomb enclosures, not of metal
- tombs, not of metal
- tombs [monuments], not of metal
- tombstone stelae, not of metal
- tombstone plaques, not of metal
- vaults, not of metal [burial]
- works of art of stone, concrete or marble
3. Miscellaneous non-metallic goods in class 19
- glass granules for road marking/glass granules for marking out roads
- non-luminous and non-mechanical signs, not of metal
- signalling panels, non-luminous and non-mechanical, not of metal
- signs, non-luminous and non-mechanical, not of metal, for roads
- non-luminous and non-mechanical signs, not of metal
- statues of stone, concrete or marble
What is Not Covered under Trademark Class 19?
Trademark Class 19 does not include:
- Metal building materials (covered under Class 6)
- Paints, varnishes, and coatings (covered under Class 2)
- Tools and equipment for construction (covered under Class 7 or Class 8)
- Chemicals used in building materials (covered under Class 1)
- Preparations for waterproofing and fireproofing (covered under Class 1)
- glass for vehicle windows (semi-finished product)
Who Should Register under Trademark Class 19?
Businesses and individuals engaged in any of the following activities should register under Class 19:
- Manufacturers of non-metallic construction materials
- Tile, brick, and cement producers
- Glass manufacturers for architectural purposes
- Suppliers of wood, plywood, and laminate for building
- Prefabricated building makers
- Construction material retailers and exporters
Benefits of Registering a Trademark under Class 19
Registering your brand under Class 9 grants you the following benefits:
- Exclusive right to use the brand name, logo, or other distinctive sign in connection with the goods listed under Class 19.
- Without registration, there is a risk that competitors may use similar names or marks. Registration ensures that your mark remains unique and identifiable.
- A registered trademark under Class 19 is a valuable asset that can be licensed, franchised, or assigned.
- Class 19 registration in India can serve as the basis for filing international applications under the Madrid System for the International Registration of Marks.
- A registered trademark can be renewed indefinitely in 10-year blocks; it ensures that the brand is protected as long as the business operates.
How to Register a Trademark Under Class 19 in India?
Step 1: Trademark Search
Use the IP India Public Search Portal to ensure your brand name or logo is unique and not already registered under Class 19.
Step 2: Prepare and File the Application (Form TM-A)
Specify the class and the exact goods description, such as “non-metallic tiles,” “cement,” “plywood for building purposes”. The application can be filed online or physically at the appropriate Trademark Registry Office.
Step 3: Examination
After you file your trademark application, the Registrar of Trademarks will examine it to check whether it complies with the established requirements.
If the Registrar raises any objections (either absolute or relative grounds), an Examination Report will be issued.
- You must file a written reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application proceeds to publication.
- If not, the Registrar may schedule a show-cause hearing for further clarification before deciding on acceptance or rejection.
Step 5: Publication in the Trademark Journal
Once your application is accepted, the mark is advertised in the Trademark Journal. The trademark remains published for 4 months, allowing third parties to file opposition.
Step 6: Opposition and Issuance of Registration Certificate
If someone opposes the registration, the case may go into a hearing. If it is resolved in your favour or if unopposed, the registrar issues a registration certificate.
Validity and Renewal
- A registered trademark is valid for 10 years from the date of registration
- The registration can be renewed from time to time for successive periods of ten years each.
Conclusion
In India’s rapidly growing construction and infrastructure sector, Trademark Class 19 plays a crucial role in protecting brand identity for manufacturers and suppliers of non-metallic building materials. Whether your business deals with cement, tiles, wood products, or prefabricated structures, registering your brand under trademark class 19 safeguards your market position, enhances customer trust, and opens up national and international growth opportunities.
