Under the international Nice Classification system, trademarks are divided into 45 different classes, each of which represents a distinct set of goods or services. Among all the classes, the trademark Class 34 covers tobacco, smokers’ articles, and related substitutes. This classification is crucial for manufacturers and businesses dealing in products related to smoking, tobacco substitutes, and other smoking accessories. Registration under this class ensures that the goods and the identity, along with the goodwill associated with your brand, are lawfully protected in a heavily regulated and competitive domain.
This blog offers a comprehensive overview of Trademark Class 34 in India, including the goods covered, exclusions, relevant examples, overlapping classes, and the step-by-step trademark registration process.
What is Trademark Class 34?
Trademark Class 34 includes a wide array of goods primarily associated with smoking products and accessories. This includes tobacco, cigarettes, cigars, herbal smoking products, smoking pipes, matchboxes, lighters, snuff, and other articles intended for use by smokers. With the rise of nicotine substitutes and e-cigarettes, Class 34 has also expanded to include electronic cigarettes, vape cartridges, and heated tobacco products.
Goods Covered under Trademark Class 34
Class 34 includes the following smoking-related goods and their substitutes:
1. Tobacco and Tobacco Products
- Raw tobacco processed or unprocessed)
- Fermented tobacco
- Flavoured tobacco
- Pipe tobacco
- Chewing tobacco (gutkha, khaini)
- Snuff (dry or moist powdered tobacco)
- Kreteks (clove cigarettes)
- Bidis (hand-rolled leaf cigarettes)
- Cigar tobacco and rolled cigars
- Cigarettes containing tobacco
- Hand-rolling tobacco
- Reconstituted tobacco
- Hookah tobacco (shisha, water pipe tobacco)
- Heated tobacco sticks or capsules
2. Tobacco Substitutes (Not for Medical Purposes)
- Herbal smoking blends are not for medicinal use
- Non-tobacco smoking mixtures (mint leaves, tea leaves)
- Nicotine-free e-liquids and vape cartridges (non-medicinal)
- Herbal bidis and herbal cigarettes
- Heated herbal sticks (non-tobacco)
- Synthetic or plant-based nicotine alternatives (non-therapeutic)
NOTE: Nicotine gums and patches for therapeutic use are excluded (Class 5).
3. Smokers’ articles
These are some items used directly by smokers to consume tobacco or its substitutes.
4. Smoking implements
- Cigarette holders
- Cigar holders
- Hookahs and water pipes (including mouthpieces and hoses)
- Smoking pipes (wood, meerschaum, glass, metal, clay, etc.)
- Chillums
- Pipe tampers and pipe cleaners
- Mouthpieces for smoking pipes and cigars
5. Storage and carrying cases
- Cigar boxes and humidors
- Cigarette cases
- Tobacco tins
- Tobacco pouches
- Containers for rolling tobacco
6. Ash management
- Ashtrays (for smokers)
- Portable or decorative ashtrays
7. Rolling accessories
- Cigarette rolling papers
- Rolling machines
- Filters and tips for hand-rolled cigarettes
- Flavoured paper tips and cones
8. Cleaning and maintenance
- Cleaning brushes for pipes
- Pipe cleaners
- Descaling tools for hookahs and water pipes
9. Lighters and ignition devices
- Gas lighters
- Electric lighters
- Refillable pocket lighters
- Matchboxes and matches (wooden or cardboard)
- Flint and ignition stones
- Lighter fluids (butane, naphtha, etc.) – for smokers
- Butane torches for cigars and pipes
- Lighter cases and refills
10. Electronic Smoking Devices and Accessories
Some items include modern smoking substitutes and their peripherals:
E-Cigarettes and vapes
- Electronic cigarettes (disposable and refillable)
- Personal oral vaporisers
- Mods and e-hookahs
Cartridges and liquids
- E-cigarette cartridges (with or without nicotine)
- E-liquids or vape juice (nicotine-containing or nicotine-free)
- Flavour concentrates for e-liquids (when used with e-cigarettes)
Accessories
- Charging devices and USB cables for vapes
- Atomisers, coils, and mouthpieces
- Drip tips and tanks
- Carrying pouches for e-cigarettes
NOTE: If electronic cigarettes or liquids have medicinal or therapeutic claims (e.g., smoking cessation aids), they can fall under Class 5 instead.
Examples of Trademarks in Class 34
- ITC Limited for Gold Flake, Classic, Navy Cut
- Philip Morris for Marlboro cigarettes
- Godfrey Phillips India for Four Square, Red & White
- British American Tobacco for Dunhill, Lucky Strike
- JUUL Labs for electronic nicotine delivery systems
What does Class 34 not cover?
The following goods and services are not included under Trademark Class 34:
- Medicinal nicotine patches and gums, as they are covered under Class 5 (pharmaceutical products)
- Advertising or retail services for tobacco, as they are covered under Class 35
- Medical or smoking cessation therapy, as they are covered under Class 44
- Design and technology services for smoking devices, as they are covered under Class 42
- Containers and packaging are not exclusively for smokers, as they are covered under Class 21 or Class 16
Who Should Register under Trademark Class 34?
The following should register under the trademark class 34:
- Manufacturing of cigarettes, cigars, and tobacco
- E-cigarette and vaporiser production
- Import and export of smoking-related goods
- Wholesale or retail of tobacco and smoking substitutes
- Companies manufacturing lighters, ashtrays, and matchboxes
- Vendors and aggregators selling vaping products
- Brands dealing with herbal or alternative smoking products
Related and Overlapping Classes
Though Class 34 is specific to tobacco and related goods, it can overlap with the following classes:
- Class 5 – For therapeutic nicotine patches or cessation aids
- Class 35 – For advertising, sales, and retail of tobacco products
- Class 9 – For software and apps related to smoking/vaping devices
- Class 42 – For R&D and design of smoking devices
- Class 21 – For containers, ashtrays, and household articles not specific to smoking
How to Register a Trademark under Class 34 in India
Step 1: Conduct a trademark search
Visit the IP India Public Search Portal to check the availability of your mark.
Step 2: File the form TM-A
Draft the application using Form TM-A. Use correct terminology based on the official classification. You can apply either online via the IP India website or manually at the 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.
