INTERNATIONAL CLASS 34
(Tobacco Products)

GENERAL SCOPE OF CLASS 34: Tobacco; smokers' articles; matches.

RELATED INTERNATIONAL CLASSES
14	precious metals
4	lighter fluid

IDENTIFICATION/CLASSIFICATION OF GOODS

Raw tobacco should be indicated as “sold in bulk” in the identification of goods.

Includes, in particular:

- tobacco substitutes (not for medical purposes).

Does not include, in particular:

- certain smokers’ articles in precious metal (Cl. 14) (consult the Alphabetical List of Goods);

- cigarettes without tobacco, for medical purposes (Cl. 05).

Tobacco, Tobacco Substitutes, and Tobacco Products:

· Chewing tobacco.

· Cigarettes.

· Cigarillos.

· Cigars.

· Herbs for smoking.

· Snuff.

· Tobacco.

Smoking Accessories:

· Cigar cutters.

· Cigarette papers.

· Flints for lighters.

· Matches.

· Pocket machines for rolling cigarettes.

· Smoking pipes.

· Smoking pipe cleaners.

· Tobacco pouches.

· Tobacco spittoons. {Note: Medical spittoons are in Class 10.}

Articles Which Must Indicate Material Composition:

Class 34:

Ashtrays not of precious metal.

Cigarette cases not of precious metal.

Cigarette holders not of precious metal.

Cigarette lighters not of precious metal.

{Note: Electric cigarette lighters for land vehicles are in Class 9.}

Snuff boxes not of precious metal.

Class 14:

Ashtrays of precious metal.

Cigarette cases of precious metal.

Cigarette holders of precious metal.

Cigarette lighters of precious metal.

Snuff boxes of precious metal.

SPECIAL MARKS

Keep in mind that you will periodically see marks that involve terms being handled by Dave Reihner:

Applications for marks including the terms "CUBA" or "HAVANA" or the equivalent, for goods such as sugar, rum, cigars or perfume -- Dave Reihner (LO 107).

DESCRIPTIVE TERMS

Lights (or lites) Burly

Kings Kretek (Clove)

COMPLIANCE WITH FEDERAL TOBACCO LABELING REQUIREMENTS FOR CIGARS AND CIGARETTES

To be in technical compliance, specimens must show the tax class for cigarettes, the quantity of items contained in the package and designation or common name of the item contained in the package (e.g. cigars, cigarettes) to be in compliance with 26 USC § 7805. If the specimen is a band for a single cigar, the quantity is unnecessary. However, if this information is not shown, no inquiry should be made as to whether the applicant was in compliance with the labeling requirements as of the filing date.

MARKS CONTAINING NAMES OF WELL KNOWN TOBACCO CENTERS

If a mark contains the name of a well-known tobacco producing area (VIRGINIA, BAHIA, CUBA, NORTH CAROLINA) and there is no connection between applicant’s goods and the place so named, the mark should be refused under Section 2(a) as deceptive. In re House of Windsor, Inc., 221 USPQ 53 (TTAB 1983). It should also be refused under Section 2(e)(2) as geographically deceptively misdescriptive. In re Loew’s Theatres, Inc., 226 USPQ 865 (Fed. Cir. 1985). The term AMERICAN should be treated in a similar manner since tobacco grown in the United States of America is known to be of a superior quality.