Trademark Class 19: Building Materials & Non-Metallic Constructions

The Nice Classification (NCL) system categorizes trademarks into 45 different classes, where Classes 1-34 cover goods, and Classes 35-45 cover services. One of the most critical classes for the construction and building materials industry is Trademark Class 19.

What is Trademark Class 19?

Trademark Class 19 primarily includes non-metallic building materials such as concrete, timber, stone, glass, and clay. It encompasses various materials used in the construction of buildings, roads, bridges, and other infrastructure projects.

This classification is essential for companies involved in manufacturing, supplying, or selling non-metallic construction materials, ensuring trademark protection against infringement in this industry.

Importance of Trademark Class 19

Why is Trademark Class 19 Important?

• Legal Protection: Securing a trademark in this class ensures brand exclusivity in the construction material sector.
• Market Recognition: Prevents competitors from using similar brand names, fostering brand identity.
• Global Acceptance: The Nice Classification is internationally recognized, making trademarks valid across multiple jurisdictions.
• Industry-Specific Rights: Ensures that the trademark applies only to non-metallic construction materials, avoiding conflicts with unrelated industries.

Products Covered Under Trademark Class 19

Trademark classification is an essential system for organizing goods and services in trademark registration. The Nice Classification (NCL), established under the Nice Agreement, divides goods into 34 classes and services into 11 classes. Trademark Class 19 specifically covers non-metallic building materials, an essential category for construction and architectural industries.

Registering a trademark under Class 19 provides businesses with legal protection for their brand in the construction material sector. This prevents unauthorized use of brand names in the same industry and helps distinguish products in a competitive market.

What is Trademark Class 19?

Trademark Class 19 encompasses a wide range of non-metallic materials used in construction and building applications. This includes products made from stone, wood, clay, concrete, and other non-metallic substances used in infrastructure and architectural projects.

Importance of Trademark Class 19

Securing a trademark under Class 19 provides businesses with exclusive rights to their brand in the construction material sector. This prevents infringement issues and ensures legal protection for unique building material brands.

Key Benefits:

1. Brand Protection – Ensures exclusive rights over non-metallic construction materials.
2. Market Differentiation – Helps businesses establish a distinct identity.
3. Legal Security – Prevents competitors from using a similar brand name.
4. Global Recognition – Trademark protection applies in multiple jurisdictions under the Nice Classification.
5. Long-Term Asset – A registered trademark enhances business credibility and value.

Products Covered Under Trademark Class 19

1. Natural and Artificial Stones

• Marble, granite, and limestone
• Artificial stones and engineered quartz
• Slate and decorative stone slabs
• Sandstone and travertine

2. Non-Metallic Construction Materials

• Cement and concrete mixtures
• Gypsum and plaster materials
• Asphalt and bitumen for road construction
• Non-metallic reinforcing materials for concrete

3. Bricks, Blocks, and Tiles

• Clay bricks, refractory bricks
• Concrete and aerated autoclaved concrete (AAC) blocks
• Ceramic tiles, vitrified tiles, and porcelain tiles
• Mosaic and decorative wall tiles

4. Glass and Glazing Materials

• Tempered and laminated glass for buildings
• Stained glass for windows and decorative use
• Insulated glass panels
• Fiberglass materials used in architecture

5. Wood and Wood-Based Products

• Plywood, MDF (Medium-Density Fiberboard), and HDF (High-Density Fiberboard)
• Laminated wood for flooring and furniture
• Wooden beams and trusses for construction
• Veneers and decorative wood panels

6. Roofing and Insulation Materials

• Clay and concrete roof tiles
• Bituminous roofing sheets
• Non-metallic shingles and slates
• Foam and fiberglass insulation materials

7. Doors, Windows, and Frames (Non-Metallic)

• Wooden and PVC doors
• Non-metallic window frames (UPVC, composite, and fiberglass)
• Door panels made of synthetic materials
• Glass partitions and dividers

8. Flooring and Pavement Materials

• Wooden, bamboo, and cork flooring
• Ceramic, porcelain, and vinyl tiles
• Cobblestones and paving stones
• Terrazzo and composite flooring solutions

9. Fencing and Prefabricated Structures

• Non-metallic fences, panels, and barriers
• Prefabricated homes and modular buildings
• Non-metallic greenhouses
• Decorative garden structures made of stone or wood

10. Other Non-Metallic Building Elements

• Statues and sculptures made from stone or wood
• Water features and fountains made of concrete or ceramic
• Chimney pots and fireplace surrounds
• Road-making materials such as crushed stone and tar

What is Not Included in Class 19?

Certain construction materials fall under different trademark classes.

Trademark Registration Process for Class 19

Step 1: Trademark Search

Before applying, conduct a comprehensive trademark search to check for existing trademarks in Class 19. This prevents infringement issues and legal disputes. Visit IP India portal and conduct a trademark public search.

Step 2: Filing the Application

Submit the trademark application through the respective Intellectual Property Office (e.g., USPTO, EUIPO, IP India). The application should include:

• Brand name or logo
• Applicant details
• Trademark class (Class 19)
• Detailed description of products covered

Step 3: Examination and Publication

The trademark office reviews the application for conflicts. If approved, it is published in the Trademark Journal, allowing third parties to file objections.

Step 4: Opposition Period

Third parties can oppose the trademark within 30-90 days (depending on jurisdiction). If no opposition is filed, the application moves forward.

Step 5: Final Registration

Upon successful clearance, the trademark is officially registered and remains valid for 10 years with renewal options.

Leading Brands with Class 19 Trademarks

Many global construction and material manufacturers hold trademarks under Class 19, including:

• LafargeHolcim (Cement and concrete products)
• Saint-Gobain (Glass and insulation materials)
• Cemex (Construction aggregates and cement)
• Armstrong Flooring (Non-metallic flooring materials)
• Vicat Group (Plaster and building materials)

Case Studies on Class 19 Trademark Disputes

Case Study 1: Trademark Conflict in Cement Industry

A leading cement manufacturer faced legal action after a competitor launched a brand with a similar name and logo. This led to a lawsuit, highlighting the importance of thorough trademark searches before registration.

Case Study 2: Branding Issues in Roofing Materials

A well-known roofing tile company had to rebrand after discovering its name was already trademarked in Class 19. This case reinforces the necessity of conducting detailed research before filing a trademark.

Trademark Class 19 is vital for businesses dealing with non-metallic construction materials, ensuring legal protection, brand exclusivity, and market differentiation. If your company manufactures or distributes building materials such as cement, glass, tiles, timber, and precast structures, registering under Class 19 is crucial for long-term success.

By securing a trademark in this category, businesses can protect their brand identity, prevent imitation, and build a reputable presence in the construction industry. Ensuring accurate documentation, expert consultation, and a thorough legal search can further strengthen your trademark application. If you want to register your trademark under any class, contact Online Legal India to get expert assistance.