Launching your own brand of kitchenware, utensils, containers, glassware, or brushes is exciting. But when you apply for a trademark under Class 21, the process doesn’t always go smoothly. One common hurdle business owners face is a trademark objection.

If you’ve received an objection notice from the Trademark Registry of India, don’t panic. It’s a routine part of the process and can be handled properly with the right knowledge and response strategy.

This blog will guide you through everything you need to know about:

• ✅ What is a trademark objection in Class 21?
• ✅ Common reasons for objections
• ✅ Step-by-step process to reply
• ✅ Format and documents required
• ✅ Tips to draft a strong response
• ✅ What happens after you file your reply

Let’s get started.

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📌 What Is a Trademark Objection in Class 21?

After you file a trademark application under Class 21 (which covers kitchen utensils, glassware, brushes, containers, etc.), the Trademark Examiner reviews your application.

If the examiner finds any issue, they raise an objection under:

• Section 9 (descriptive or generic trademark)
• Section 11 (similar to existing trademarks)

An objection does not mean rejection. It’s simply a request for clarification or explanation. You have a chance to submit a reply and prove your case.

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🧾 Common Reasons for Trademark Objections in Class 21

Understanding why objections happen helps you prepare better replies. Here are the most frequent reasons for Class 21 objections:

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❌ 1. Trademark is Descriptive or Generic (Section 9)

Example: Applying for a name like “Kitchen Storage”, “Glass Bottle Co.”, or “Plastic Jars”.

Why it’s a problem:
These names describe the product itself. They are not distinctive, and other businesses may need to use similar terms.

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❌ 2. Trademark is Similar or Identical to an Existing One (Section 11)

Example: Your brand name is “TuffGlass”, and there’s already a trademark called “ToughGlass” in Class 21.

Why it’s a problem:
The examiner may think the names are confusingly similar, and customers could mix them up.

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❌ 3. Incomplete or Vague Product Description

If your application only says “products in Class 21” without listing the actual items (e.g., jars, utensils, containers), it may be objected to for lack of clarity.

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❌ 4. Incorrect Use of Wordmark or Logo Format

Using images or stylized text without a clear logo description, or submitting a blurry image, can lead to objections.

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❌ 5. No Proof of Prior Use (If Claimed)

If you mention that the trademark is already in use (with a specific date), but do not attach proper proof, the examiner will object.

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🔍 Step-by-Step Process to Handle Trademark Objection in Class 21

Let’s break down the entire process so you can respond correctly and on time.

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✅ Step 1: Track Your Trademark Status

Check if there’s an objection using the IP India Trademark Status Tracker:
👉 https://ipindiaonline.gov.in/eregister/eregister.aspx

• Enter your Application Number
• Look for the status: “Objected”
• Download the Examination Report

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✅ Step 2: Read the Examination Report Carefully

This report outlines:

• The section under which the objection is raised (9 or 11)
• The reason for the objection
• Any references to similar marks
• What clarification or documents are expected from you

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✅ Step 3: Draft a Strong Trademark Objection Reply

This is the most important step.

Your reply must:

• Be written in a legal format
• Be filed within 30 days of receiving the report
• Contain evidence, legal arguments, and examples to justify your trademark

📎 Documents You May Need to Attach with the Reply

Document	Purpose
Sales Invoices	To show trademark use in commerce
Product Labels / Packaging	To show your brand in actual use
Social Media Pages / Ads	To prove brand visibility
MSME or Startup Certificate	For fee benefits and brand history
Comparison Table	To prove difference from similar trademarks
Trademark Search Report	If your brand is clearly different from cited marks

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✍️ Tips to Draft a Strong Reply to Objection

✅ For Section 9 (Descriptive)

• Explain how your brand name is inventive, coined, or distinctive.
• Add meaning (if it’s a combination of words).
• Include branding visuals or stylized logos.
• Provide usage proof showing the name is identified with your brand only.

✅ For Section 11 (Similarity)

• Argue that the visual, phonetic, and conceptual elements are different.
• Provide side-by-side comparison.
• Emphasize design, pronunciation, target audience differences.
• Mention if the existing trademark hasn’t been renewed or used.

✅ For Use Claims

• If you claim prior use (e.g., since 2022), attach proper proof of use before the application date.

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📤 Step 4: File the Reply Online

Use the IP India Portal to submit your reply and documents.

• Go to: https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
• Log in as applicant or attorney
• Select “Reply to Examination Report”
• Upload the reply and supporting documents in PDF format

You will receive an acknowledgment once submitted.

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⚠️ Missed the 30-Day Deadline?

You can still file the reply within a short grace period by submitting a condonation of delay request. However, this is risky and can be rejected.

Always aim to file your reply within the 30-day window.

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🔄 What Happens After You Submit the Reply?

Outcome	Next Step
Accepted	Trademark moves to Journal publication
Hearing Scheduled	Attend or appoint attorney for Show Cause Hearing
Refused	You can file an appeal before IPAB or High Court

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🧠 Pro Tip: Hire a Trademark Expert for Complex Cases

If your objection involves:

• Legal interpretations
• Similar marks with large brands
• Technical comparisons

…then it’s better to work with a professional trademark attorney or consultant who can draft a precise legal reply and attend hearings on your behalf.

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🛡️ Why Handling Objection Matters for Class 21 Brands

As a brand selling:

• Glass containers
• Reusable kitchen bottles
• Hair and body brushes
• Storage boxes
• Crockery

…your trademark is the identity of your product.

Handling an objection carefully ensures:

• You get the ® symbol for full legal rights
• Your brand is listed on Amazon Brand Registry
• You can stop counterfeiters and imitators
• You build brand trust among consumers

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👎 Mistakes to Avoid While Responding to Trademark Objection

Mistake	Risk
Ignoring the objection	Application becomes abandoned
Filing without legal basis	May result in refusal
Sending reply without documents	Weak response; gets rejected
Using aggressive tone	Negative impact on examiner’s decision
Copying online templates blindly	May not fit your exact case

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✅ Final Thoughts

A trademark objection in Class 21 is not the end of the road—it’s an opportunity to clarify and prove that your brand is unique and deserves legal protection.

By following a proper process:

• Reading the objection
• Drafting a well-supported reply
• Submitting on time
  …you can ensure your application moves forward smoothly.

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🤝 Need Help Responding to Trademark Objection in Class 21?

At VMK Professionals, we specialize in:

• Trademark searches
• Filing and objection replies
• Show cause hearing representation
• Class-specific strategy for Class 21 brands

Whether you’re a kitchenware startup, a brush manufacturer, or a home container brand—we’ll ensure your brand is legally protected.

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📞 Contact VMK Professionals Today

In the ever-growing household and kitchenware market of India, creating a unique brand is crucial for standing out. But having a brilliant product isn’t enough—you must legally protect your brand identity. For businesses selling glassware, brushes, utensils, and containers, the correct trademark classification is Class 21.

However, many brand owners make costly mistakes when filing their trademarks, which can lead to rejection, opposition, or weak protection. This blog will guide you through the most common errors made during the Class 21 trademark application process, and how to avoid them.

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✅ What Is Trademark Class 21?

Before we look at the mistakes, here’s a quick overview.

Trademark Class 21 is part of the Nice Classification and includes:

“Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); articles for cleaning purposes; unworked or semi-worked glass (excluding building glass); glassware, porcelain, and earthenware not included in other classes.”

Products Covered:

• Glassware (bottles, tumblers, jars)
• Non-electric utensils and cookware
• Food storage containers
• Cleaning brushes and brooms
• Personal grooming brushes (non-electric)
• Crockery, porcelain, ceramics
• Reusable water bottles and lunch boxes

If your products fall into this category, you must file under Class 21 to secure trademark protection in India.

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⚠️ Why Filing Mistakes Can Be Dangerous

Filing a trademark isn’t just a formality. If done incorrectly, it can result in:

• Rejection by the Trademark Registry
• Legal opposition from existing trademark holders
• Your trademark being deemed invalid in court
• Losing the right to enforce your brand identity

That’s why knowing what not to do is just as important as knowing what to do.

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🚫 Common Mistakes to Avoid in Class 21 Trademark Filing

Let’s look at the most frequent errors and how you can avoid them.

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❌ 1. Filing Under the Wrong Trademark Class

The Mistake:
Businesses often file under Class 6 (metal goods) or Class 20 (furniture and storage) when their products actually belong in Class 21.

Why It’s a Problem:

• Your protection won’t apply to actual goods you sell.
• Competitors can register similar trademarks in the correct class.
• E-commerce platforms may reject your brand registry.

How to Avoid:
Always check the Nice Classification list or consult a trademark expert before applying. Class 21 is the correct category for non-metal, non-electric utensils, containers, and household tools.

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❌ 2. Choosing a Generic or Descriptive Brand Name

The Mistake:
Using names like “Kitchenware India”, “Best Brush Co.”, or “Storage Solutions”.

Why It’s a Problem:

• Generic or descriptive names are difficult to register.
• Higher risk of objection from the examiner.
• Hard to enforce exclusivity against others.

How to Avoid:
Pick a distinctive, coined, or suggestive name. Combine syllables creatively (e.g., “Brushella” or “Containa”) to build uniqueness.

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❌ 3. Skipping the Trademark Search

The Mistake:
Filing without checking if the name or logo already exists in Class 21.

Why It’s a Problem:

• Leads to objection or rejection.
• Wastes time and money.
• Puts you at risk of infringing another registered trademark.

How to Avoid:
Use the free IP India Public Search Tool:
👉 https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Search for:

• Exact name matches
• Phonetic similarities
• Similar logos or designs

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❌ 4. Not Including All Relevant Products in the Description

The Mistake:
Filing for just “containers” when you also sell brushes, crockery, and cleaning tools.

Why It’s a Problem:

• Your trademark won’t cover all products.
• Leaves your other products vulnerable to imitation.
• You may have to re-file, incurring extra costs.

How to Avoid:
Clearly list all product types during application. Example:

“Trademark for non-metallic food containers, glass bottles, household brushes, kitchen utensils, and dish-cleaning equipment under Class 21.”

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❌ 5. Only Registering the Logo, Not the Brand Name

The Mistake:
Some businesses register only their logo (device mark) and skip registering the brand name (wordmark).

Why It’s a Problem:

• If someone copies your name in a different style, you can’t stop them.
• Wordmarks provide stronger and broader protection.

How to Avoid:
File both:

• Wordmark: For brand name like “GlassGlow”
• Device mark: For the logo with unique design elements

You can also file a combined mark (name + logo together).

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❌ 6. Filing Without MSME or Startup Certificate (If Applicable)

The Mistake:
Paying full ₹9,000 fee when you’re eligible for the discounted ₹4,500 fee.

Why It’s a Problem:

• You lose money
• You miss out on official benefits for startups and small businesses

How to Avoid:
Apply for:

• Udyam Registration (MSME Certificate)
• Startup India Certificate (via DPIIT)

Submit these with your trademark application to claim the concession fee.

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❌ 7. Using the Wrong Class When Selling on Amazon or Flipkart

The Mistake:
Trying to enroll your brand with Class 35 or 20 instead of Class 21 for physical products.

Why It’s a Problem:

• Amazon will reject brand registry applications
• Flipkart may not verify your brand
• You lose the ability to control your product listings

How to Avoid:
Ensure you register under Class 21 for:

• Physical products like containers, glasses, and brushes
• Any home/kitchen tools made of non-metallic materials

Register Class 35 only if you’re running a retail store/service.

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❌ 8. Ignoring Trademark Objections

The Mistake:
Receiving an objection (e.g., under Section 11 or 9) and not replying within 30 days.

Why It’s a Problem:

• Your application is marked abandoned
• You lose your filing date and TM number
• You must restart the process

How to Avoid:

• Monitor the Trademark Status Tracker regularly
• Engage a trademark attorney to reply promptly
• Submit a strong reply with legal arguments and evidence

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❌ 9. Not Using the ™ or ® Symbol Correctly

The Mistake:
Not displaying ™ after filing or using ® before registration.

Why It’s a Problem:

• You miss out on marketing benefits of being a pending/registered brand
• Misuse of ® symbol before registration is legally punishable

How to Avoid:

• Use ™ after filing your application
• Use ® only after receiving the registration certificate

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❌ 10. Not Renewing the Trademark on Time

The Mistake:
Forgetting to renew your trademark after 10 years.

Why It’s a Problem:

• Trademark expires
• Anyone else can file your brand name
• You lose all rights unless restored (with penalty)

How to Avoid:

• Track your renewal date (10 years from filing date)
• File for renewal at least 6 months before expiry
• Renewal fee: ₹9,000 per class (as of current structure)

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🧾 Documents Required for Class 21 Trademark Application

Document	Purpose
Brand Name or Logo	What you’re protecting
Product Description	Mention all Class 21 items clearly
Identity Proof	PAN, Aadhaar, or Passport
MSME / Startup Proof	For reduced government fees
Power of Attorney (TM-48)	If using an agent
First Use Date	If already using in the market

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💰 Trademark Fees in India (Class 21)

Applicant Type	Fee per Class
Individual / Startup / MSME	₹4,500
Others (Company, LLP, etc.)	₹9,000

Additional fees apply for:

• Filing in more than one class
• Objection response
• Appeals or restoration

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🛍️ Real Examples of Class 21 Brands

Brand	Products
Milton	Containers, bottles
Borosil	Glass tumblers and cookware
Cello	Household items, brushes
Scotch-Brite	Cleaning brushes and scrubbers
Tupperware	Food storage and lunch boxes

Each of these has strong trademark coverage under Class 21.

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👨‍💼 Expert Tip: Consider Multi-Class Protection

If your product range includes other categories, you might also need:

Class	Product Type
Class 6	Metal utensils and bottles
Class 20	Plastic racks, storage furniture
Class 11	Electric bottles or kitchen devices
Class 3	Cleaning agents and soap
Class 35	Retail services, online store

A trademark consultant can help you decide the correct classes to file under.

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✅ Final Thoughts

Filing a trademark in Class 21 is essential for businesses selling:

• Glass kitchenware
• Non-electric utensils
• Containers and jars
• Personal and household brushes

But making common mistakes during the filing process can cost you time, money, and your brand reputation.

Avoiding these errors and filing correctly ensures your brand remains secure, recognizable, and protected in a competitive market.

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🤝 Let VMK Professionals Help You Avoid Mistakes

We specialize in:

• Trademark class identification
• Brand name and logo search
• Professional filing and documentation
• Objection handling
• Long-term trademark management

In India’s rapidly expanding consumer goods market, glassware, brushes, and containers are staples in every home. Whether you’re launching a brand for elegant glass tumblers, eco-friendly dishwashing brushes, or airtight kitchen containers, one legal step can set you apart and protect your identity: Trademark registration under Class 21.

In this complete guide, we will explore:

• ✅ What is Trademark Class 21?
• ✅ Why Class 21 is essential for glassware, brushes, and containers
• ✅ Step-by-step trademark registration process
• ✅ Required documents and government fees
• ✅ Common mistakes to avoid
• ✅ Examples of brands protected under Class 21

Let’s dive in.

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🧾 What Is Trademark Class 21?

Trademark Class 21 belongs to the Nice Classification System used in India and worldwide. It covers:

“Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except building glass); glassware, porcelain and earthenware not included in other classes.”

If your business deals with glass kitchenware, storage containers, personal care brushes, or cleaning tools, Class 21 is the correct category for trademark registration.

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📦 Products Under Class 21: Focus on Glassware, Brushes, and Containers

🔹 Glassware

• Glass bottles and jars
• Drinking glasses
• Vases
• Glass tumblers
• Glass pitchers
• Glass cookware (non-electric)
• Decorative glass items (not building glass)

🔹 Brushes

• Dishwashing brushes
• Clothes cleaning brushes
• Shoe brushes
• Hair and grooming brushes (non-electric)
• Toilet and bathroom brushes
• Brush-making materials (handles, bristles)

🔹 Containers

• Plastic and glass food storage boxes
• Airtight kitchen jars
• Lunch boxes and tiffins
• Storage bins (non-metallic)
• Spice containers
• Fridge organizers

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🎯 Why Register a Trademark for These Products?

1. Protect Your Brand Name and Logo

Registering your brand name ensures no one else in your product category (Class 21) can legally use a similar name or logo.

2. Prevent Brand Imitation

Many businesses selling common items like jars or brushes risk duplication. A trademark gives you exclusive rights and the ability to take legal action.

3. Stand Out on E-commerce Platforms

Amazon, Flipkart, and Meesho require a registered trademark for brand registration, A+ listings, and brand protection.

4. Legal Proof of Ownership

A registered trademark is admissible in court if someone misuses your brand.

5. Build Trust and Long-Term Brand Equity

Consumers trust registered brands, especially in the household and personal care sectors.

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📝 Step-by-Step: How to Register a Trademark in Class 21

Let’s look at the complete process.

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🔍 Step 1: Conduct a Trademark Search

Before applying, search the Indian Trademark Registry to check if your brand name/logo is already taken.

Use the official tool:
👉 https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Search Tips:

• Check both wordmarks (names) and logos
• Use keyword variations (e.g., “GlassMate”, “Glass Mate”)
• Look for Class 21 matches only

If a similar trademark exists, rethink your name or consult a trademark expert to avoid legal trouble later.

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🧾 Step 2: Prepare Your Application

You’ll need to submit Form TM-A, either online or physically. Before that, prepare the following:

✔ Product Description (with Class 21)

Clearly mention your product line.

Example:

“Trademark for glass kitchenware, airtight food containers, and non-electric household brushes under Class 21.”

✔ Choose What to Trademark:

• Wordmark (e.g., “GlassGlow”)
• Logo / Device mark
• Combination of both (recommended)

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📋 Step 3: Collect Required Documents

Document	Purpose
Applicant’s Name & Address	Individual, Company, or Firm
Brand Name / Logo	Wordmark or device mark
Product Description	Mention goods under Class 21
Date of First Use	If already selling in the market
Power of Attorney (Form TM-48)	If filed through agent
MSME / Startup Certificate	To avail reduced fee (if eligible)
ID & Address Proof	Aadhaar, PAN, or Passport of applicant

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💻 Step 4: File the Application

You can file:

• Online at: https://ipindia.gov.in
• Offline at the nearest Trademark Registry Office (Mumbai, Delhi, Chennai, Kolkata, or Ahmedabad)

Ensure you:

• Select Class 21 correctly
• Upload the correct documents
• Pay the applicable fee

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💰 Step 5: Pay the Trademark Fee

Applicant Type	Fee per class
Individual / MSME / Startup	₹4,500
Company / Partnership / LLP	₹9,000

📌 If you’re also registering under other classes (like Class 6 or Class 20), pay per class.

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📩 Step 6: Get TM Number & Use ™ Symbol

Once the application is accepted, you receive a TM number within a day or two. You can now use the ™ symbol next to your brand name while awaiting final registration.

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🧐 Step 7: Examination & Objection (if any)

The Trademark Office will examine your application for:

• Similar trademarks
• Correct classification
• Descriptiveness or generality of the name

Possible Outcomes:

Status	Action
Accepted	Moves to Journal publication
Objected	Reply required within 30 days
Refused	Consider appealing or reapplying

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📣 Step 8: Journal Publication & Opposition Period

If accepted, your trademark will be published in the Trademark Journal for 4 months. During this time:

• Public can oppose (rare)
• If unopposed, it proceeds to registration

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🎉 Step 9: Registration & Use of ® Symbol

Upon successful registration:

• You’ll receive the Trademark Registration Certificate
• You can legally use the ® symbol with your brand name

Your trademark is now valid for 10 years, and renewable indefinitely.

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🏷️ Real-Life Brand Examples in Class 21

Brand	Product Type
Borosil	Glass tumblers, containers
Cello	Plastic containers, brushes
Scotch-Brite	Cleaning brushes, scrubbers
Tupperware	Food storage, plastic jars
Milton	Bottles, tiffins, jars

Each of these is protected under Class 21 and dominates the homeware category thanks to strong IP protection.

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🔁 Trademark Validity and Renewal

Feature	Duration
Validity	10 years from the filing date
Renewal Fee	₹9,000 per class
Grace Period	6 months (with late fee)

Renew your trademark before expiration to avoid cancellation.

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❌ Common Mistakes to Avoid

Mistake	Risk
Filing under the wrong class (e.g., Class 6)	Brand not protected
Using generic names like “Kitchen Container Co.”	Trademark rejection
Not replying to objections	Trademark gets abandoned
Forgetting to mention product types	Vague application = weak protection
Only registering the logo (not name)	Leaves name vulnerable

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📦 Multi-Class Filing: When Is It Needed?

If your product range expands, consider additional classes:

Class	Covers
Class 6	Metal kitchenware or steel containers
Class 20	Plastic furniture or storage racks
Class 11	Electric kitchen appliances
Class 3	Cleaning agents, dishwash soaps
Class 35	Online store/retail services

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💬 Frequently Asked Questions

❓Can I file the trademark myself?

Yes, but it’s best to hire a professional agent for faster, error-free filing—especially if objections arise.

❓Is trademark registration mandatory?

No, but without it, your brand is legally unprotected and can be copied.

❓Can I use the ™ symbol before registration?

Yes, you can start using ™ once you’ve filed your application and received the TM number.

❓Can I trademark both name and logo?

Absolutely. Registering both ensures complete protection.

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🧠 Final Thoughts

If you’re planning to launch or grow a brand in:

• Glass kitchenware
• Reusable containers
• Home and personal care brushes

…then Trademark Class 21 is the right legal category for protecting your intellectual property.

A registered trademark ensures your brand:

• Is safe from imitators
• Builds consumer trust
• Stands strong in court
• Qualifies for ecommerce platforms and investments

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🤝 Get Expert Help from VMK Professionals

At VMK Professionals, we specialize in helping businesses register trademarks in the correct class, handle legal procedures, and ensure smooth approval.

🔐 Let Us Handle It All:

• Trademark search
• Drafting and filing
• Objection handling
• Renewal reminders