Top 7 Mistakes to Avoid When Registering a Class 21 Trademark
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.
✅ 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.
⚠️ 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.
🚫 Common Mistakes to Avoid in Class 21 Trademark Filing
Let’s look at the most frequent errors and how you can avoid them.
❌ 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.
❌ 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.
❌ 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
❌ 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.”
❌ 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).
❌ 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.
❌ 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.
❌ 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
❌ 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
❌ 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)
🧾 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 |
💰 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
🛍️ 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.
👨💼 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.
✅ 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.
🤝 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