The United States Patent and Trademark Office (USPTO) takes a highly organized approach to trademark applications. A key element of this organizational process is a system of “classes.” With trademarks sorted into separate classes based on their defining characteristics, the USPTO can approach registration, protection, and fees more efficiently. But the USPTO is not the only organization that organizes trademarks in this manner. In addition, the World Intellectual Property Organization (WIPO) follows a distinct classification system on a global scale. There are many different trademark classes to consider, and an experienced intellectual property lawyer in Chicago can provide further information. To learn more, consider contacting Sullivan & Carter, LLP at (929) 724-7529.

What Are Trademark Classes?

Trademark classes sort trademarks into certain industries or fields. This classification system helps companies avoid infringing on existing intellectual property rights. By organizing trademarks based on their specific industries, this classification system may prevent consumer confusion. For example, “Delta” is a trademark owned by a faucet company in the United States. This company has earned a Class 11 trademark, which pertains specifically to “environmental control apparatus.” As a result, no one else can use the trademark “Delta” for a company that sells things like bathtubs, sinks, and faucets.

However, that trademark only applies to products within Class 11 – and it does not prevent companies in different industries from using it. Consider Delta Airlines, which uses an almost identical trademark in a completely different industry (shipping and travel). As a result, this company owns a Class 39 trademark for “Delta.” Not only are the names of these two companies identical, but they also use similar logos. As McMaster University notes, these logos both feature the word “delta” with triangles and the color red. This example illustrates the importance and role of trademark classes. Even if two companies use almost identical trademarks, there is no real danger of brand confusion if they operate in two different industries.

What Is the Nice Classification?

In 1957, the World Intellectual Property Organization administered a treaty in Nice, France. The full name of this treaty is the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks – but today most use the shortened phrase “Nice Classification.” All signatories of the Paris Convention for the Protection of Industrial Property adhere to the Nice Agreement, which helps companies protect intellectual property during global trade.

The USPTO follows the Nice Classification. Even entrepreneurs who only plan to conduct business within the United States should still become aware of this international trademark classification system. There are 45 trademark classes under the Nice Classification. The first 34 trademark classes are for goods, and the final 10 trademark classes are for services.

What Is a Class 9 Trademark?

Class 9 trademarks are for scientific or technological goods. According to WIPO, these goods may include physical apparatus and instruments, but also software, data, and other things that exist purely in the digital world. The full list of goods that fall under this classification is extensive. Entrepreneurs who want to protect products that weigh, measure, detect, or inspect things during scientific research will likely need to pursue a Class 9 trademark. That being said, Class 9 does not only encompass apparatus and instruments for scientific research. Many consumer products also fall under this category, including software, cash registers, computers, and most diving equipment.

In addition, most safety and life-saving equipment falls under Class 9 – including resuscitation mannequins, safety nets, and traffic lights. Some military equipment may also require Class 9 trademarks – including bulletproof clothing. Like other trademark classes, Class 9 sees regular updates – and smartwatches were recently added to this list. WIPO notes that Class 9 does not include robots, diving lights, smart refrigerators, and rocket flares.

What Is a Class 30 Trademark?

Class 30 trademarks generally involve food and drinks. This is one of the most straightforward trademark classes – but there are a few notable complexities. Class 30 generally encompasses “finished” foodstuffs – usually made from plants. However, it does not include raw vegetables and fruits. Examples include coffee, tea, pasta, flour, pastries, chocolate, herbs, honey, sauces, and seasonings. WIPO highlights several food products under this category, including frozen pizzas, chocolate-covered nuts, cereals, and pies.

What Is a Class 35 Trademark?

Class 35 is an example of a service-based category. Specifically, it involves services related to business management and advertising/marketing. Examples include mail-order catalogs, TV shopping programs, and advertising copywriting. Companies that organize trade shows may need Class 35 trademarks, and a company that offers search engine optimization (SEO) services also falls under this category. Although Class 35 involves many business-related services, some are excluded – including real estate management, financial services, graphic design, and transport logistics.

What Is a Class 41 Trademark?

Class 41 involves education-related services, entertainment, and certain cultural presentations. These services might include book publications, journalism, film production, fitness training, online gambling, songwriting services, animal training, and many others. WIPO notes that Class 41 does not cover radio shows, television broadcasting, technical writing, spas, or wedding planners.

Can I Apply for Numerous Trademark Classes at the Same Time?

Applicants can pursue trademarks under numerous classes. However, a separate trademark application is necessary for each trademark class. For example, an entrepreneur might have a business involved in film production and advertising/marketing services. To protect their trademark under both Class 35 and Class 41, they would need to file two separate trademark applications. Entrepreneurs who plan to apply for numerous trademarks may wish to discuss potential strategies alongside Sullivan & Carter, LLP.

Learn More About Trademark Classes With Sullivan & Carter, LLP

Class 9, Class 30, Class 35, and Class 41 may be important for many businesses attempting to protect their intellectual property. However, these are just four examples of trademark classes – and there are many others. Business leaders and entrepreneurs may want to discuss their unique goals and priorities alongside an experienced IP lawyer for more targeted guidance. Aside from these four trademark classes, others may be more relevant to certain business operations. To continue this conversation in more detail, consider reaching out to Sullivan & Carter, LLP at (929) 724-7529.