Understanding trademark classification - Class 21 of the trademark manual

Deciphering Class 21 of Nice classification for trademarks:

International classification for trademarks - Class 21:

Trademark Class 21 is one of 45 NICE classifications used to identify and classify products and/or services.


Class 21 for trademarks a brief description:

Class twenty-one (21) is very confusing as it mainly contains kitchen utensils, but we also can find tools related to cosmetics, bathrooms, and decoration, so care must be taken when registering for this class and knowing if the owner of the mark needs to add some categories to Class 21, as we will explain in this article.

Class 21 of the Nice Classification of goods and services for classifying trademarks mainly includes hand-operated utensils and apparatus for household and kitchen use, as well as cosmetic and toilet utensils, glassware, and certain goods made of porcelain, ceramic, earthenware, terracotta, or glass.

Class 21 for trademarks header:

Household or kitchen utensils and containers; cookware and tableware, except forks, knives, and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain, and earthenware.


Class 21 trademark application Owners:

  • LG

  • Samsung

  • Bosch

  • Gaggenau Hausgeräte

  • General Electric

  • Miele

  • Fisher & Paykel

  • KitchenAid

  • Thermador

  • Whirlpool

Trademark common confusion between Class 21 and other classes

Any cleaning appliances or equipment are mainly covered using Class 21. Class 21 does include household and kitchen utensils; household, kitchen, and cooking containers, and small hand-operated kitchen apparatus for mincing, dish stands and decanter stands, and cosmetic and toilet utensils. However, Class 21 does not include any cleaning preparations, containers for storage, and transport of goods, of metal not of metal. To make matters even more confusing, small apparatus for mincing, grinding, pressing, or crushing, which are driven by electricity are mainly covered in Class 7.

Razors and shaving apparatus, hair and nail clippers, electric and non-electric implements for manicure and pedicure, for example, manicure sets, emery boards, cuticle nippers, table cutlery, and hand-operated cutting tools for kitchen use, for example, vegetable shredders, pizza cutters, and cheese slicers are all in Class 8. Lice combs, tongue scrapers (Class 10). Cooking utensils, electric (Class 11), or toilet mirrors (Class 20).

Coordinated Classes for Trademark Class 21

When thinking of the Class 21 trademark classification, one should keep in mind that the class has multiple overlapping products with goods from classes 3, 6, 7, 8, 11, and 20. Therefore, these classes are said to be coordinated classes with the highest risk of potential confusion. To ensure you are choosing the right class for your trademark before you protect it under Class 21, make sure to rule out all the coordinated classes:

  • TM Class 3: Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations.

  • TM Class 6: Common metals and their alloys and ores; Metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; Small items of metal hardware; metal containers for storage or transport; safes.

  • TM Class 7: Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.

  • TM Class 8: Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.

  • TM Class 11: Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply, and sanitary purposes.

  • TM Class 20: Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone, or mother-of-pearl; shells; meerschaum; yellow amber.

Changes in the nice classification relating to trademark goods on Class 21

There were no changes to the goods on TM Class 21.

Trademark Class 21 and the Metaverse:

The Metaverse can be interpreted as an immersive online experience that uses virtual reality (VR) and augmented reality (AR) technology and hardware – in theory, a world of limitless imagination identical to reality. This means the presence of virtual products that are sold and bought to enhance the similarity of Metaverse to reality and thus the existence of trademarks for these products. However, since Metaverses are a platform that simulates video games, this means that if a company wants to expand its business within Metaverse now, it must register on the special classes related to software, such as Class 9. Therefore, companies can expand by selling digital products that simulate real products using NFT technology, and in this case, they have to register, as we explained previously, in Class 9, as well as classes 28 and 41.

In addition, perhaps soon, we will see a new classification or an increase in new classes to the current Nice Classification, which includes digital products of all kinds.

Understanding the main elements of Class 21:

The EUIPO, in collaboration with WIPO, has developed a hierarchy of goods and services within a class to link the different products and to make the classification process easier. The hierarchy does not have any legal effect in trademark examination or the comparison of goods and services, it was only created as an assistive tool.

Class 21 in Nice classification is divided into the subsections below:

Trademark Class 21 - Subsection 1 –

Statues, Figurines, Plaques, And Works of Art, Are Made of Materials Such as Porcelain, Terracotta, Or Glass.

  • Boxes of glass

  • Busts of porcelain, ceramic, earthenware, and terracotta

  • Glass China ornaments

Trademark Class 21 - Subsection 2 –

Unworked And Semi-Worked Glass, Not Specified for Use

  • Enameled glass is not for building

  • Fiberglass, other than for insulation or textile use/fiberglass, other than for insulation or textile use

  • Fiberglass thread, other than for textile use/fiberglass thread, other than for textile use

Trademark Class 21 - Subsection 3 –

Gardening Articles

  • Flower pots

  • Flower-pot covers, not of paper/covers, not of paper, for flower pots

  • Gardening gloves

  • Holders for flowers and plants [flower arranging]

 

Trademark Class 21 - Subsection 4 –

Tableware, Cookware, and Containers

  • Glasses, Drinking Vessels, and Barware

  • Coin Banks (Piggy Banks)

Trademark Class 21 - Subsection 5 –

Cleaning Articles

  • Cosmetic And Toilet Utensils and Bathroom Articles

Trademark Class 21 - Subsection 6 –

Dental Cleaning Articles

 

Trademark Class 21 - Subsection 7 –

Articles For Animals

  • Aquaria And Vivaria

  • Devices For Pest and Vermin Control

Trademark Class 21 - Subsection 8 –

Articles For the Care of Clothing and Footwear

Curious to learn more?

Let's chat! Our team of experts are here to answer any questions you have, whether it is about licensing our technology or learning about the local trademark process.

Contact Us Find Out More