Trademark Class 34 Search India: Tobacco and Tobacco Products

Protect your tobacco, smoking accessories, and matches with Trademark Class 34.
Trademark Class 34 grants exclusive rights in the tobacco and smokers' articles industries.
Get 10-year brand protection for your products in both local and global markets with Trademark Class 34.

Class 34

Eligibility

What Cannot be Registered

List of Goods

Related Classes

FAQs

Trademark Class 34 - Overview

Trademark Class 34 is for tobacco and smoking-related products. That class includes cigarettes, pipes, and cigar tobacco, smokers' articles, and matches. This class protects your brand in the above-mentioned sectors.

Trademark Registration under Class 34, provides you with exclusive rights over your brand in the tobacco and smokers' articles industry. This registration protects products like tobacco and smoking accessories to match against infringement, ensuring uniqueness of your brand in both domestic and international markets.

Class 34 of trademark protection permits tobacco-related manufacturing or distributing businesses and companies that make smoking products to prevent competitors from entering your market space. Hence, the potency of your brand identity would remain distinct and would not be disturbed by competitors. But with renewable protection every 10 years, Class 34 provides ongoing legal security, meaning your brand is safe for the upcoming years.

What is a Trademark Class 34?

A Class 34 trademark covers tobacco and smoking-related products. This includes cigarettes, cigars, tobacco, pipe tobacco, and chewing tobacco. It also covers smoking accessories like lighters, ashtrays, cigarette cases, and matches. Businesses in the tobacco industry, including cigarette manufacturers, cigar brands, and retailers of smoking accessories, should register under this class.

Eligibility for Trademark Class 34

Trademark Class 34 is specifically for business enterprises that are engaged in the manufacture, sale, or distribution of tobacco and smoking-related products. You can register different types of trademark under this class. Here is a detailed outline of the same:

Cigarettes: All establishments dealing with the sale of packaged and single cigarettes, both conventional and electronic, can apply for trademark.
Cigars: Establishments that manufacture or sell luxurious as well as mass-produced cigars, cigarillos, and large cigars can apply for the mark
Tobacco Smoking Pipes: Firms producing smoking pipes made of all materials and shapes and designs can file for trademark registration.
Lighters: Producers and vendors of disposable and refillable lighters for smoking cigarettes, cigars, and other tobacco products can apply for trademark protection.
Cases for Cigarettes: Companies that sell cases made of metal or plastic that are used to carry and protect cigarettes for personal use can file for trademark protection.
Tobacco Alternatives: Companies that manufacture non-tobacco smoking products, including herbal cigarettes or smokeless products without nicotine, can file for trademark protection under this category.

What Cannot Be Registered Under Trademark Class 34

Trademark Class 34 is specifically for tobacco and smoking-related products. These exclusions should be noted by businesses seeking trademark protection in order to ensure correct classification. As per trademark class 34 description here are some of the key exclusions from Class 34:

Tobacco-free cigarettes for medical use (Class 5).
Batteries and chargers for e-cigarettes (Class 9).
Ashtrays for cars (Class 12).

Here are the Following Items in Detail That Are Covered Under Trademark Class 34

Matches	match holders, matchboxes, matches.
Tobacco and tobacco products (including substitutes)	chewing tobacco, cigarettes containing tobacco substitutes, not for medical purposes, cigarettes, cigarillos, cigars, electronic cigarettes, herbs for smoking, snuff, tobacco.
Ashtrays	ashtrays for smokers.
Tobacco containers and humidors	cigar cases, cigarette cases, humidors, snuff boxes, tobacco pouches, tobacco jars.
Lighters for smokers	firestones, gas containers for cigar lighters, lighters for smokers.
Articles for use with tobacco	absorbent paper for tobacco pipes, books of cigarette papers, cigar holders, cigar cutters, cigarette tips, cigarette filters, cigarette holders, cigarette paper, pocket machines for rolling cigarettes, mouthpieces for cigarette holders, pipe cleaners for tobacco pipes, pipe racks for tobacco pipes, spittoons for tobacco users, tips of yellow amber for cigar and cigarette holders, tobacco pipes.

Related (Coordinated) Classes

These coordinated classes ensure that businesses can safeguard their entire product range, including complementary goods and services.

Trademark Class 9 – Electrical and Electronic Goods
Class 9 covers electronic smoking devices like e-cigarettes, vaporizers, and electronic nicotine delivery systems (ENDS). If your business produces or sells these products, it is important to register them under this class as well.
Trademark Class 16 – Paper Goods and Packaging
If your business deals with cigarette packaging, rolling paper, or tobacco pouches, then these fall under Class 16. Also, packaging materials that are especially designed for tobacco products fall under this class.
Trademark Class 35 – Retail and Advertising Services
Businesses that retail tobacco and smoking products, and sell them over the internet are allowed to include their services in Class 35. This is because Class 35 includes services in retail, marketing, and advertising of smoking-related products.
Trademark Class 11 – Lighting Equipment
Lighting equipment for smokers, such as cigarette lighters, fall into Class 11. Businesses with lighters or other lighting devices that are intended for smokers alone can consider using this class for registration.

Looking to Register Your Trademark Under Class 34?

Before filing your trademark registration, it’s necessary to identify the accurate trademark classes for your product or service. Our free Trademark Search Tool helps you determine the appropriate class for your trademark registration process process and check if the proposed trademark is already registered.

Frequently Asked Questions

Trademark Class 34 comprises a vast variety of products relating to tobacco and smoking. This includes cigarettes, cigars, smoking pipes, tobacco substitutes, lighters, cigarette cases, and other smoking accessories.

Yes, electronic cigarettes and vaping products are covered under Class 34. This includes e-cigarettes, vape pens, vaping liquids, and electronic nicotine delivery systems (ENDS).

Yes, tobacco alternatives, such as herbal cigarettes and nicotine-free brands, can fall under Class 34. Smoking product categories come under this category, and manufacturing or selling firms of such alternative products can acquire trademark protection with this class.

No, matches and any products associated with them are not included in Class 34. Matches usually fall in Class 34 for use in lighting cigarettes or cigars. Other ancillary items, such as matchboxes, would be classified either in Class 16 as packaging or in Class 11 for lighting products.

Smokers' accessories, such as lighters and cigarette cases, certainly belong to Class 34. Without them, the smoking experience wouldn't be complete, and businesses get protection on their branding through registrations under this class. Examples of items that may be classified otherwise include ashtrays in some cases due to their use or design.

Yes, under Class 34, there could be trademarked containers for holding tobacco products as well as humidors to preserve cigars and other tobacco. Since they are categories under the large group of smoking accessories, businesses engaged in selling tobacco need to keep both utilitarian and intellectual property protections.

Class 34 covers products that do not relate directly to the use of tobacco products such as food or health tobacco items. Class 34 further also excludes any substitute that does not attempt to represent smoking experience, and this further excludes tobacco products for a nonsmoker. Proper classification would avoid rejection.

Class 34 allows for the registration of traditional and cultural smoking articles, including indigenous pipes, hookahs, and cigars, as these products have cultural significance.