What is Included in Trade Mark Class 34?
Emily Young
When applying for a trade mark for your brand, you must select trade mark classes that you will use your trade mark under. The process of choosing your trade mark classes is critical because it will define the scope of your trade mark protection. Trade mark 34 is one of the 45 different classes available for registering your trade mark. Trade mark class 34 relates to all things tobacco and cigarettes. To help you better understand the process, this article will explain:
- what trade mark classes are;
- the importance of trade mark classes; and
- what is included in trade mark class 34.
What Are Trade Mark Classes?
Trade mark classes refer to the different trade mark classifications. The Nice classification system, which is recognised in most countries, divides trade marks into 45 classes. These 45 classes are broken down into 34 goods and 11 services.
The trade mark classification system makes it possible for two businesses with the same name or a similar logo to co-exist, as long as they are registered in completely different trade mark classes (and therefore operating in separate markets).
Importance of Choosing the Right Class
Once you have made your trade mark application, you will not be able to add additional classes to your application. Indeed, this is because you cannot expand your scope of protection after making your trade mark application. Instead, you must make an entirely new trade mark application if you wish to add more classes to your application.
Similarly, it is wise to not include too many classes in your trade mark application. You are required to use your trade mark in each category of goods or services you have chosen, which can be difficult if you have too many classes. Furthermore, having too many trade mark classes can result in unnecessary expenses.
Trade Mark Class 34
Trade mark class 34 covers tobacco and other smoking products, including materials associated with smoking. For example, some of the goods that are included are outlined in the table below.
| Tobacco materials | Tobacco (including chewing tobacco) Pipes and jars Pouches Snuff Snuff boxes Oral vaporisers for pipes Pipe racks |
| Cigar materials | Cigar cutters Cigar cases Cigar holders |
| Cigarette materials | Cigarettes Liquid nicotine for e-cigarettes |
One key good that is not included in trade mark class 34 is cigarettes (that do not contain tobacco) that are used for medicinal purposes. Therefore, if your trade mark is for such a product, you will need to search different trade mark classes to find the most appropriate one.
Coordinated Classes
If your goods appear to fit under class 34, but you are looking for further trade mark protection, you should consider looking to commonly coordinated trade mark classes. This is because coordinated trade mark classes refer to trade mark classes that are commonly registered simultaneously for the same good. For example, coordinated classes for trade mark class 34 include:
- class 4 – industrial oils;
- class 35 – advertising and business services; and
- class 42 – science and technology services.
Therefore, if you intend to register your trade mark under class 34, you should consider the above trade mark classes.
Key Takeaways
To obtain comprehensive trade mark protection for your goods or services, you must choose the most appropriate trade mark classes. Class 34 may be appropriate if your goods are:
- tobacco;
- tobacco materials;
- cigar;
- cigar materials;
- cigarettes; or
- cigarette materials.
If you need help choosing the best trade mark class for your goods or need general trade mark assistance, our experienced IP lawyers can help. You can contact them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
Trade mark classes refer to the different classifications of trade marks. The Nice classification system, which most countries recognise, divides trade marks into 45 classes. The system then divides 45 classes into 34 goods and 11 services. The selection of your trade mark classes is critical because it will determine the scope of your trade mark protection.
Trade mark class 34 is one of the 45 classes of goods or services recognised by the Nice classification system. Trade mark class 34 covers most things relating to tobacco and cigarettes. This includes tobacco, tobacco materials, cigars, cigar materials, cigarettes, and cigarette materials.