Tips for Registering a Pyrotechnic Company Under Trade Mark Class 13

Angus

• 6 August 2021
• 24 August 2021
• 5 min read

If you own a pyrotechnic company, you will likely need to decide whether to file a trade mark for your branding. If you do, you will need to file an application under class 13. Class 13 is the trade mark class covering pyrotechnics, something which is important to know if you are considering registering a trade mark. If you own a pyrotechnic company, this article will explore some of the key considerations to think about before using trade mark class 13 to protect your brand.

What is the Importance of Selecting the Correct Trade Mark Class?

When you register your company’s logo or name as a trade mark, you claim it as an integral and distinct component of your brand. If another firm tries to infringe on your trade mark in the future, trade mark registration will assist you in defending your brand.

For example, If you register your violin brand under the class 15 trade mark, no other music company can use a similar trade mark or branding.

It is worth noting that you may only contest infringement charges within your trade mark class. This means if you file a class 13 trade mark, you will not be able to claim infringement against a trade mark in an entirely different class.

This is why it is essential to select the appropriate trade mark class for registration. To adequately protect their brand, many firms prefer to apply under multiple trade mark classes. This allows you to cover numerous bases, which is especially useful if you want to grow in the future. On the other hand, it is far more expensive than applying under a single trade mark class. Furthermore, IP Australia will also reject applications that appear to be designed to circumvent the system by applying to inapplicable trade mark classifications. Therefore, deciding on the correct trade mark class for your business can be a tricky process.

What Is in Trade Mark Class 13?

Class 13 is a trade mark classification for products. If your business provides a service, you will need to register under additional trade marks as well. Unlike other goods categories, which can be rather extensive in their coverage, trade mark class 13 items are divided into only a few distinct groups.

1. Ammunition and Weapons

Class 13 includes all types of personal guns and ammunition.

For example, rubber bullets are an example of unconventional and non-lethal weaponry.

It also covers weapon components and accessories, such as cosmetics. Many sorts of explosives, in addition to weapons, are classified as class 13 trade marks. Any type of explosive with military uses will fall under this category, such as:

• missiles; and
• hand grenades.

2. Pyrotechnics

Class 13 trade mark items include fireworks and other pyrotechnic devices. Flares and fog signals are examples of explosive illuminants.

3. Other Types of Explosives

Class 13 trade mark items include several non-military explosives.

For example, mining explosives should be registered under this category of trade mark. Individual bits and components of explosive devices, such as blast caps or fuses, are also included.

Interestingly, matches do not fall under trade mark class 13. This is an important lesson for trade mark classes. It may seem like something fits within trade mark class 13, when in fact, it does not. Therefore, be diligent in ensuring that trade mark class 13 is right for you.

Registering Under Trade Mark Class 13

A trade mark application is a big step for any company. That is why it is critical to prepare as much as possible ahead of time. Mistakes made during the trade mark registration procedure will, at the very least, waste your time and money. They can, at worst, block you from owning intellectual property that is critical to your business. 

Trade mark registration is necessary for a variety of reasons. Some of the most important include:

• trade marks let you distinguish your products and services from those of rivals, and they let people recognise you as a business;
• trade marks reflect a consistent quality of a specific product or service; and
• creating a well-known brand takes time, and trade marks help with the process.

Your trade mark can provide significant value to your pyrotechnic company. Therefore, it is essential to register your trade mark correctly the first time.

Key Takeaways

Before deciding to use trade mark class 13 to protect your company, you should consider:

• whether your products are ammunition or weapons, pyrotechnics and other types of explosives;
• if class 13 is the correct class for your brand; and
• the branding that you want to register as a trade mark.

If you have any questions about how to register under trade mark class 13, get in touch with our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.

Frequently Asked Questions