What are Trademark Classes

/What are Trademark Classes
What are Trademark Classes 2019-02-19T11:14:42+00:00

Planning to register a trademark? No matter the type of intellectual property you need to register as a trademark, either is your business name, slogan or logo, before filing in your application with the U.S. Patent and Trademark Office, you first need to choose a class of goods and services suitable for your trademark.

The role of trademark classes is to define the product and service categories that will be protected by your registered trademark. They are very important, and given their complexity, not always easy to understand.

Understanding Trademark Classes 

In choosing the right trademark class for your products or services you will use the USPTO trademark classification system which includes 45 trademark classes among which 34 classes are for goods and 11 for services. Each class includes a significant number of products or services from which you have to choose the right ones for your trademark. Because of the variety of products or services included in each class, sometimes it can be difficult to identify the right ones. For example, class 3 includes abrasive paper and sheets and also acrylic nail. Class 28 includes aquarium pumps, arcade games and also archery equipment.

Another characteristic of the USPTO trademark classification system is that products and services are not grouped together, even if in your commercial activity they are obviously linked.For example, if you are producing chocolate, you need to register class 30, and if you own a pastry or a sweetshop, you need to also register class 35. If you have a sweetshop and you manufacture your own chocolate you might need to register both classes.

Your application must name the selected class of products and services you need your trademark to protect. In order to improve the chances of getting your application approved fast, you need to identify correctly the products and services you are providing. To make sure your trademark is protecting all your products and services, select the specific classes very carefully. After your registration has been approved, you will not be able to modify them.

For example, if you are manufacturing materials used to make clothing such as elastic or jersey fabrics you need to register your trademark for class 24. If you also provide jewelry used in creating clothing, you will also need to register class 14, because class 24 does not cover this type of products.

Why Trademark Classes Are Important

Trademark classification system helps you register your trademark correctly, offer your protection on the market and is also extremely useful in identifying infringes.

Registration withUSPTO ensures the protection of your trademark on the market against businesses trying to register a trademark that is confusingly similar to yours. The main principles defining “confusingly similar” are:

  • The two compared trademark must be similar
  • They refer to related products or services

For example, “Wiki” sport shoes and “Wiki” pasta can coexist as different trademarks on the market because they refer to categories of goods that are so different, that the risk of being considered as having the same source is very small. Still, there are cases when even if products are classified in different classes, they are much too similar to not be confused as being provided from the same source if they are registered under similar trademarks. This is the case of potatoes chips (class 29) and cereal based snack food in class 30.

Another thing that identifying the proper class for your products or services helpsat is monitoring potential infringers much easier.

What If You Choose the Wrong Trademark Class?

The wrong trademark means:

  • You might lose money and time because your registration might not be accepted.
  • If your registration is accepted for the wrong products or services, you might be infringing someone else’s trademark.
  • If your registration is accepted for the wrong products or services, someone else might register it for the right products or services that you provide, but have failed to identify correctly in your application.
  • If you have succeeded in registering your trademark for the wrong class of products, you can’t switch to other class later, and you can’t switch between products and services.

The only solution in repairing the registration of the wrong trademark class is to start over with a new trademark registration.

Choosing the right trademark class is important. It is also difficult. You need to conduct a comprehensive research to make sure you don’t apply for a trademark that is much too similar to an already registered/in use trademark. You also need to make sure the class you have chosen reflects correctly the products and services you are offering.

For help and guidance, talk to our trademark attorney which can answer all your questions about trademark registration. Avoid losing time and money and make sure you succeed in registering your mark fast and easy by consulting a specialized intellectual property attorney.

This portion of the site is for informational purposes only and the content doesn’t have the value of legal advice. All the statements and opinions are expressions of author and have not been evaluated by us for accuracy, completeness or conformity with changes in the law.

GOODS

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Explanatory Note This class includes mainly paints, colorants and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes and lacquers for industry, handicrafts and arts; dyestuffs for clothing; colorants for foodstuffs and beverages.
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; iron mongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
Hand tools and implements (hand operated); cutlery; side arms; razors.
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Vehicles; apparatus for locomotion by land, air or water.
Firearms; ammunition and projectiles; explosives; fireworks.
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Musical instruments.
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks.
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Yarns and threads, for textile use.
Textiles and textile goods, not included in other classes; bed and table covers.
Clothing, footwear, headgear.
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Alcoholic beverages (except beers).
Tobacco; smokers’ articles; matches.

SERVICES

Advertising; business management; business administration; office functions.
Insurance; financial affairs; monetary affairs; real estate affairs.
Building construction; repair; installation services.
Transport; packaging and storage of goods; travel arrangement.
Treatment of materials.
Education; providing of training; entertainment; sporting and cultural activities.
Scientific and technological services and research and design relating thereto: industrial analysis and research services; design and development of computer hardware and software; legal services.
Services for providing food and drink; temporary accommodations.
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.