Registering a trademark with the U.S. Patent and Trademark Office (USPTO) involves meeting certain criteria, including the mark being unique and clearly distinguishing the applicant’s products and services from the offerings of other registrants. One factor that can influence an applicant’s ability to meet these criteria is choosing appropriate trademark classifications. Learn the common trademark classes under which applicants may register their marks with the USPTO, and discover how an Illinois intellectual property law attorney can assist individuals and businesses with their IP-related legal queries; call Sullivan & Carter, LLP at (929) 724-7529 to schedule a confidential consultation.
The USPTO, which is the federal agency responsible for registering trademarks and granting patents in the United States, specifies that trademarks are words, phrases, designs, symbols, or amalgamations of these items that identify a particular organization’s goods or services. This agency utilizes trademark classifications to organize applications according to goods and services, determine appropriate fees, and assemble an easy-to-browse database for pending and registered marks.
When applying for trademark registration, applicants must file for specific product and service classes, often multiple ones, which determine how applicants intend to use their marks in the marketplace. Per the USPTO, there are a total of 45 different trademark classifications (11 are service-related, and 34 are for products), with each class (called an international class) assigned a particular number.
Classes 1 to 34 relate to products, with class 1 regarding chemicals, class 2 linked to paints, class 3 associated with cleaning and cosmetics products, class 4 concerning fuels and lubricants, class 5 linked to pharmaceuticals, class 6 regarding metals, class 7 associated with machinery products, class 8 concerning hand tools, class 9 linked to electrical, scientific, software, and computer products, and class 10 regarding medical instruments. Classes 11 to 20 concern appliances, transportation and vehicle products, firearms/firearm products, precious metals and jewelry, musical instruments, printed materials and paper, rubber goods, leather goods, non-metallic construction materials, and furniture, respectively. Regarding classes 20 to 34, the respective categories are glass and hardware products, threads and yarns, textiles and fabrics, clothing and apparel, fancy, embroidery, ribbon, and lace goods, wall hangings and floor coverings, sporting goods and toys, processed foods and meat, staple food goods, natural agricultural goods, light beverages, spirits and wines, and smoking products.
Classes 35 to 45 concern those related to services. Class 34 relates to advertising, business, and retail services, 36 to financial and insurance services, 37 to repair and construction services, 38 to communication services, 39 to storage and transportation, 40 to material processing and treatment, and 41 to entertainment and education. In addition, class 42 concerns scientific, software, and computer services, 43 concerns hotel and restaurant services, 44 concerns beauty, agricultural, and medical services, and 45 concerns social, legal, and personal services.
While there are many trademark categories, some are more common than others. Below are additional details concerning these classifications.
Class 9 encompasses various technological and electrical goods, including mobile apps, smartphones, computers, and software, as well as other electronics. Other examples include fire extinguishers, vending machines, cash registers, data processing instruments, astronomy equipment, and tools for regulating, transforming, or switching electricity.
Class 25 is a popular category concerning clothing. In addition to this, headgear, including non-protective goods such as hats, shoes, and other footwear fall into this category.
Class 29 is a common trademark classification regarding meats, meat extracts, and processed foods, such as jams, jellies, compotes, preserved/frozen vegetables and fruit, milk, eggs, oils, and edible fats. By contrast, class 30 classifies food staples, including sugars, spices, flour, coffee, tea, honey, yeast, treacle, baking powder, mustard, salt, vinegar, ice, cocoa, and condiments. Applicants may use class 31 for grains, fresh fruit and vegetables, live animals, seeds, flowers, natural plants, malt, animal food, and foodstuffs.
Explore the common trademark classes in greater detail, and find out how Sullivan & Carter, LLP might aid people and organizations with their trademark concerns. Contact our firm today to arrange an appointment with a knowledgeable Chicago intellectual property law attorney.
This category (32) is a common classification encompassing bottled water, juices, other fruit drinks, and beer. Class 32 also relates to syrups and other goods used to create beverages.
Non-beer-based alcohol beverages fall under class 33. These products include hard seltzers, hard ciders, liquor, and wine.
Class 35 concerns services linked to managing businesses. Some examples include business management, advertising, business administration, clerical services, HR management, and public relations.
Class 41 includes a large selection of services covering training provision and education. Additionally, entertainment, cultural activities, sports, and other events come under this classification.
Class 42 represents various technical and scientific services. Example services falling into this category include clinical trials, biological research, weather forecasting, design, industrial analysis, and computer software and hardware development.
Coordinated classes include products and service classifications that are very closely related. For instance, the coordinated classes linked to the clothing class (25) are the jewelry class (14), the leather products class (18), and the business and advertising services class (35), meaning clothing retailers may register their trademarks under all these categories.
Trademark applicants can conduct searches via the USPTO’s online database to identify similar marks and coordinated classes and establish the categories under which they can register. While doing so, it is worthwhile considering the following:
The ideal trademark classification largely depends on an applicant’s goals and offerings. Some applicants may choose to register their marks under a large number of products and services, which can lead to an increased likelihood of conflict with existing registrants. In light of this, it can be beneficial to aim for two or three classifications, and since the total cost of trademark registrations varies depending on the number of classes used in an application, this strategy also leads to reduced fees.
That said, the success of this approach requires choosing appropriate classifications and recognized terms within these categories, especially as expanding trademarks to additional classifications involves submitting new applications. In addition to an increased chance of opposition, if an applicant registers a mark under too many classes, the USPTO might be more likely to reject the trademark because of non-use or similarity with existing marks, making it vital to only employ classifications that reflect the applicant’s actual intended uses of the trademark.
Selecting appropriate trademark classifications is a vital element of the registration process, which can be time-consuming and challenging, with some applicants making errors that risk the chances of obtaining registration. An experienced Chicago intellectual property lawyer can help applicants mitigate these errors, choose suitable classes, and avoid the loss of infringement protection brought by a rejected application. To learn more about trademark classes, and to get general IP-related legal assistance, book an appointment with Sullivan & Carter, LLP today by calling (929) 724-7529.
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