Businesses and individuals who wish to register a trademark must carefully consider which class to apply under. The United States Patent and Trademark Office (USPTO) requires all applicants to file under all classes that are directly related to their business activities. Some applicants may only need to file under one class, while others require multiple trademark classes. Filing under the right class(es) is one of the most important parts of the complicated trademark registration process, and mistakes may get an application rejected. If you are looking for a team of business lawyers to help file accurate registrations that meet all USPTO requirements, consider contacting Polymath Legal PC today by calling (833) 931-6418 to learn more.
How Many Different Trademark Classes Exist?
All trademark applicants—both international and American—are required to apply under at least one of 45 international trademark classes recognized by the USPTO. Trademarks are used to identify the source of goods and services, and all goods and services fall into at least one of these classes. Some require registration in multiple classes.
For example, an electronics company that manufactures a wide range of different products could file under a different class for each product, but all products that bear the trademarked content would be protected under the same mark. In addition to putting an application at risk of rejection, failing to include all relevant classes can leave the trademarked content unprotected.
The 45 Trademark Classes
The 45 international trademark classes as set forth by the USPTO include:
- Class 1—Chemicals
- Class 2—Paints
- Class 3—Cosmetics and cleaning supplies
- Class 4—Lubricants
- Class 5—Pharmaceuticals
- Class 6—Metals
- Class 7—Machines
- Class 8—Hand Tools
- Class 9—Electrical and scientific instruments
- Class 10—Medical apparatus
- Class 11—Environmental control apparatus
- Class 12—Automobiles
- Class 13—Firearms
- Class 14—Jewelry
- Class 15—Music instruments
- Class 16—Paper and printed material
- Class 17—Rubber goods
- Class 18—Leather goods
- Class 19—Non-metallic building materials
- Class 20—Furniture
- Class 21—Houseware and glass
- Class 22—Cordage and fibers
- Class 23—Yarns and threads
- Class 24—Fabric
- Class 25—Apparel
- Class 26—Fancy goods
- Class 27—Floor coverings
- Class 28—Toys and sports goods
- Class 29—Meats and processed goods
- Class 30—Staple foods
- Class 31—Agricultural products
- Class 32—Light beverages
- Class 33—Wines and spirits
- Class 34—Smokers’ articles
- Class 35—Advertising and business services
- Class 36—Insurance and financial services
- Class 37—Building construction and repair services
- Class 38—Telecommunications services
- Class 39—Transportation and storage services
- Class 40—Treatment of material services
- Class 41—Education and entertainment services
- Class 42—Computer and scientific services
- Class 43—Hotels and restaurant services
- Class 44—Medical, beauty, and agricultural services
- Class 45—Personal and legal services
How To Choose the Right Trademark Classes
During the trademark registration process, the individual or business registering the trademark must establish whether their trademark applies to a good or service or potentially both categories. Goods are any physical items the applicant sells, while services are activities for which the applicant is paid. The experienced business attorneys at Polymath Legal PC can help determine which trademark classes apply to your goods and/or services.
Trademarks apply to the good or service itself, but not the way the trademark is used for marketing purposes. For example, a clothing company would register a trademark under class 25 for apparel but would not need to register under class 35 for advertising and business services for using the trademark in advertisements. Applicants should choose a class that applies to the finished product as it will be sold on the market.
Descriptions for Trademark Classes
In addition to filing under all applicable classes, the United States Patent and Trademark Office requires all applicants to submit a description of each good or service that the trademark will apply to. The USPTO lists a wide range of acceptable descriptions in their Acceptable Identification of Goods and Services Manual. A searchable format of this manual can be found on the USPTO website, and it is an incredibly useful tool for many trademark applicants. The manual contains a massive collection of descriptions from previous trademark applications.
Can You Add New Goods or Services to a Trademark?
Unfortunately, it is not possible to add additional goods or services to a trademark application that has already been filed. This is one of many reasons why it is so crucial to consult an attorney who will help you include all relevant goods and services in your application.
Avoiding Conflicting Trademarks
Trademark applicants should be careful to ensure that their application does not contain any conflicting trademarks within the same class. If another business has already registered a very similar trademark under the same class of goods or services and that business also offers similar products or services under its registered trademark, the USPTO would likely reject the second application due to the existence of a conflicting trademark.
Trademark conflicts can be avoided by conducting thorough trademark research before filing an application. All applicants should make use of the USPTO search feature and find any existing trademarks that bear significant resemblance to their own trademark and the products or services offered under that mark. This research process can be difficult and time-consuming, which is why many trademark applicants seek legal assistance from business attorneys with experience representing clients during the trademark registration process. An attorney can conduct this research on his or her client’s behalf, notify the client if any potential conflicts exist, and then provide legal guidance on how to proceed.
Learn More from Our Team of Business Attorneys
Protecting the intellectual property of a company’s branding is essential. However, taking the necessary legal steps to provide this protection can be complex. Trademarks allow companies and individuals to protect their branding and the products associated with it, but the registration process involves several important steps. Any mistakes made during the process can result in a rejection, putting the company branding at risk. A business attorney with experience in intellectual property matters can help to prevent these costly mistakes and ensure that the client has everything necessary for a successful trademark registration application, including all applicable trademark classes. To learn more about how to successfully register a trademark, consider contacting Polymath Legal PC by calling (833) 931-6418 to schedule a consultation today.