Trademark Class 12: Vehicles and Apparatus for Locomotion

Trademarks are categorized into 45 different classes under the Nice Classification System, a globally recognized system for distinguishing goods and services. Trademark Class 12 specifically covers vehicles, their parts, and accessories. This classification is crucial for businesses in the automotive industry to ensure brand protection and prevent trademark conflicts.

Scope of Trademark Class 12

Trademark Class 12 broadly encompasses:

• Land Vehicles: Cars, motorcycles, bicycles, buses, trucks, and scooters.
• Air Vehicles: Airplanes, helicopters, drones (for transport purposes).
• Water Vehicles: Boats, yachts, ferries, and jet skis.
• Rail Vehicles: Trains, trams, metros, and railway carriages.

Vehicle Components & Accessories: Engines, brakes, clutches, transmissions, windshields, bumpers, tires, and suspension systems.

• Safety Equipment for Vehicles: Airbags, seat belts, alarms, and anti-theft systems.
• Electric and Hybrid Vehicles: E-bikes, e-scooters, electric cars, and autonomous vehicles.

Goods Included in Class 12

The following are specific products falling under Class 12:

1. Automobiles & Parts

• Cars, buses, trucks, motorcycles, and their structural parts
• Shock absorbers, vehicle chassis, gearboxes, and transmissions

2. Two-Wheelers & Accessories

• Bicycles, e-bikes, scooters, and mopeds
• Bicycle chains, gears, tires, and seats

3. Aircraft & Components

• Airplanes, helicopters, and drones (for transport)
• Landing gears, airplane seats, and propellers

4. Boats & Marine Vehicles

• Ships, yachts, jet skis, and paddle boats
• Boat engines, rudders, and anchors

5. Safety & Security Equipment

• Airbags, seat belts, anti-theft alarms, and security locks

Goods Excluded from Class 12

Some products that might seem related but fall under other classes include:

• Tyres for Vehicles (Class 17)
• Lubricants & Engine Oils (Class 4)
• Automotive Cleaning & Maintenance Products (Class 3)
• GPS Navigation Systems & Dashboard Electronics (Class 9)

Importance of Trademark Protection in Class 12

1. Brand Identity & Recognition

A trademark ensures that a vehicle manufacturer or parts supplier has a unique identity in the competitive market.

2. Consumer Trust & Quality Assurance

Trademarks help customers identify original products, reducing the risk of counterfeit or substandard products.

3. Legal Protection & Market Exclusivity

Trademark registration grants exclusive rights to use the brand name and prevents competitors from using a similar mark.

4. Competitive Advantage in the Industry

Owning a registered trademark boosts brand value, making it easier for companies to expand internationally.

Trademark Registration Process for Class 12

Step 1: Conduct a Trademark Search

Before filing, a thorough search must be conducted to ensure the name or logo is not already in use.

Step 2: Choose the Appropriate Class

Since vehicles and related components fall under Class 12, applicants should ensure their goods align with the classification.

Step 3: File a Trademark Application

The application can be submitted through the Trademark Registry in the respective country (e.g., USPTO in the USA, IPO in India, EUIPO in the EU).

Step 4: Examination & Publication

The trademark office reviews the application, checking for objections and publishing it for public review.

Step 5: Registration & Certificate Issuance

If no opposition is raised, the trademark is registered, and a certificate is issued, granting exclusive rights.

Challenges & Considerations in Trademark Class 12

• Similarity to Existing Trademarks

With many brands in the automotive industry, trademark conflicts are common.

• International Trademark Protection

Companies expanding globally should consider Madrid Protocol Registration to protect their brand across multiple countries.

• Counterfeit & Brand Imitation Issues

Unauthorized use of trademarks is prevalent, requiring legal enforcement.

Case Studies of Trademark Disputes in Class 12

Here are some cases caused under trademark class 12:

Case 1: Ferrari vs. Mansory

Ferrari sued Mansory for unauthorized use of its distinctive vehicle designs in aftermarket modifications. The ruling favored Ferrari, reinforcing the importance of protecting automotive trademarks.

Case 2: Tesla vs. Zhongshan Broad Ocean

Tesla took legal action against a Chinese company for using a similar logo and name for electric vehicle components, emphasizing the importance of securing trademarks internationally.

Conclusion

Trademark Class 12 plays a crucial role in protecting vehicle manufacturers, auto parts suppliers, and companies dealing with transportation-related goods. Securing a trademark under this class ensures brand exclusivity, consumer trust, and legal protection, helping businesses thrive in the competitive automotive industry. If your business goes under trademark class 12, contact Online Legal India to get professional filing services. They have experts to deal with the entire matter of trademark registration filing.