When someone applies for a trademark in India, they must choose the correct class for their goods or services. The Trademark system divides all goods and services into 45 classes under the Nice Classification system, which is followed in India and many other countries. Each class covers a specific type of product. Trademark Class 26 covers lace, ribbons, embroidery, buttons, hooks and eyes, pins, needles, and other sewing or haberdashery goods. If your business deals in sewing supplies, fashion accessories, or decorative items, registering under Class 26 protects your brand and prevents unauthorised use.
Goods Covered in Trademark Class 26
1. Sewing and Haberdashery Articles
- Buttons, snap buttons, and studs
- Hooks and eyes, fasteners
- Zippers, zip fasteners, hook-and-pile fastening tapes
- Needles for sewing, wool combing, knitting needles, crochet hooks, darning needles
- Sewing thimbles, needle cases, needle-threaders, and sewing kits
- Bobbins, binding needles, and boxes for needles
- Appliqués, patches, decorative motifs, and ornamental novelty badges
- Elastic ribbons, lace, braid, cords, embroidery threads, and fancy embroidery items
2. Decorative Accessories
- Artificial flowers, artificial fruit, artificial plants (excluding Christmas trees)
- Artificial garlands, wreaths, Christmas garlands, and wreaths, including those with lights
- Tassels, fringes, bows, rosettes, flounces, lace trimmings, and braids
- Heat adhesive patches for decoration or repair of textile articles
- Decorative articles for the hair and clothing accessories
3. Fashion and Hair Accessories
- Wigs, toupees, false beards, and false moustaches
- Hairpins, hair combs, barrettes, hair bands, hair grips, hair extensions
- Hair curling pins, hair curling papers, hair colouring caps, hair nets
- Ribbons and bows used as hair decorations or for gift wrapping (not of paper)
- Hat accessories: hat pins, hat trimmings, hat bands
4. Shoe Accessories
- Buckles, eyelets, hooks, laces, fasteners, and shoe trimmings
5. Numbers, Letters, and Marking Items
- Numbers, letters, monogram tabs, and competitors’ numbers for marking linen or clothing
What is Not Covered in Class 26
The following items are not covered in Trademark Class 26
- False eyelashes
- Hooks that are small metal or non-metal hardware (Class 6 or 20), curtain hooks
- Tattoo needles, medical needles, surveying needles, and needles for inflating balls
- Hand implements for curling hair, e.g., curling tongs, eyelash curlers
- Hair prostheses
- Jewellery charms or key ring/key chain charms
- Paper ribbons and bows not for haberdashery or hair decoration, rhythmic gymnastics ribbons
- Yarns and threads for textile use
- Christmas trees made of synthetic material
Benefits of Registering a Trademark under Class 26
Registering your brand under Class 26 provides the following benefits:
- Exclusive rights to use your trademark for all goods under Class 26, such as buttons, ribbons, needles, and sewing kits.
- Provides legal standing to take action against infringement or unauthorised use.
- Helps customers identify your products and builds brand loyalty.
- Trademark Registration enables safe expansion into new markets and licensing opportunities.
- A registered trademark becomes a valuable asset that can be sold, licensed, or used as collateral.
- A registered mark enhances credibility, differentiates your products, and supports marketing efforts.
How to Register a Trademark Under Class 26 in India?
Step 1: Conduct the Trademark Search
Search online at the IP India portal to check whether your proposed brand name, logo, or tagline is not already registered with the trademark registry.
Step 2: File Application (Form TM-A)
Submit the application with full details of your mark and a list of goods under Class 26. Pay the fees.
Step 3: Examination
Once you file your trademark application, the Registrar of Trademarks will examine it to check whether it complies with the requirements of Sections 9 and 11 of the Trademarks Act, 1999.
If the Registrar raises any objections, an Examination Report will be issued, and then:
- You need to file a reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application will proceed to publication.
- If not, the Registrar may issue a show-cause notice calling for a hearing to ask for clarification.
Step 4: Publication in Trademark Journal
Once your trademark application is accepted, your trademark will be advertised for four months to allow others to oppose it.
Step 5: Registration
If no opposition is filed, or if the case is decided in your favour, a Trademark Registration Certificate is issued.
FAQs
1. What is covered in Trademark Class 26?
Trademark Class 26 covers lace, ribbons, embroidery, buttons, hooks, eyes, pins, needles, and other haberdashery or sewing supplies. It also includes decorative accessories like artificial flowers, trimmings, and hair ornaments.
2. Who should register under Trademark Class 26?
Businesses dealing in sewing notions, tailoring supplies, hair accessories, decorative ribbons, or shoe trimmings should apply under Class 26 to safeguard their brand identity and prevent misuse.
3. What items are not covered in Trademark Class 26?
Items like false eyelashes, tattoo or medical needles, jewellery charms, paper ribbons, and synthetic Christmas trees are excluded. These fall under other relevant classes such as Class 3, 6, 20, or 28.
4. What are the benefits of registering a trademark under Class 26?
It grants exclusive rights to use your brand name or logo for all goods in this class, helps prevent imitation, enhances brand credibility, and allows you to take legal action against infringement
5. How long does a Class 26 trademark remain valid?
A trademark registered under Class 26 remains valid for 10 years from the registration date and can be renewed every 10 years by paying the prescribed renewal fee.
