Can i add classes to my trademark later [From Experts]

Last updated : Sept 20, 2022
Written by : Cindie Garick
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Can i add classes to my trademark later

Can you add a class to an existing trademark?

It is not possible to add a class or other products to an already registered trademark. It will be necessary to proceed with a second trademark registration with an increase of costs.

Can you modify an existing trademark?

However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.

Can you add a logo to an existing trademark?

You may be able to amend your national U.S. trademark registration to cover the most current version of your logo, so long as the new logo isn't a “material alteration” of the original registered logo. This allows you to preserve your original priority date that is associated with your old registration!

Can I use a the same name in a different class of trademark?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

How do I add more classes to my trademark?

Adding a class to a registered trade mark However, once you've registered your mark, you can't expand the scope of protection - you can't add extra classes or alter the representation of the mark (eg change your logo). You may need to file a new registration to protect your existing trade mark under different classes.

Can I trademark multiple classes?

Yes, the USPTO allows applicants to file a single trademark application covering goods and/or services spanning multiple classes. The USPTO filing fee is charged for each class in a multi-class trademark application.

How much does it cost to change a trademark?

A trademark can be updated by submitting an online application with the appropriate form number (mentioned above), paying the requisite prescribed fee (usually ranges between ₹500- ₹2500 per mark) and submitting the relevant supporting documents.

How much is it to amend a trademark application?

The official USPTO fee for filing an amendment is only $100. In many cases the associated arguments are short. There is not a large body of law on permissible changes to trademarks and it is not possible to search the USPTO record to determine if a trademark has been successfully amended.

How do I amend a trademark registration?

How Do I Amend a Trademark Registration? If your trademark registration is not the subject of a cancellation proceeding, then you can amend your trademark registration by filing a Section 7 Request for Amendment with the USPTO. The Section 7 is an online form that is available on the USPTO's website.

Is it better to trademark name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Can there be 2 trademarks with the same name?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can a trademark be used twice?

If you began using the name before the other company registered it, you will be able to continue using it. However, you will only be able to use it in the market in which you were using the mark when the other company registered the name.

How many classes can you register a trademark?

The trademark is registered based on types of goods and services. In accordance with the NICE Classification, all types of goods and services are classified into 45 classes. To register the brand under the trademark, one must know the correct class of trademark.

What class are candles good?

Class 4: Lubricant and Fuel Products Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

What is a Class 35 trademark?

Trademark Class 35 is a service category that includes a range of business and professional services. Most of the included services help with carrying out, managing, or advertising a commercial or industrial enterprise.

How many trademark classes do I need?

The USPTO trademark classification system divides all goods and services into 45 trademark classes – 34 for goods and 11 for services. There are many goods or services that fall into each class, and they're not always obvious from the class name.

How do I choose a trademark class?

Use the trademark class finder tool to find the correct trademark class for your goods or service from over 80,000 goods and services. Among the 45 classes mentioned below, 34 classes come under the Goods section, and 11 classes come under the service section.

What is Class 41 trademark?

Class 41 includes services for education, tutoring, training, entertainment, and various sporting and cultural activities. Class 41 covers mainly services rendered by persons or institutions to educate persons or train animals, as well as services intended to entertain.

How much does a trademark logo cost?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

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Can i add classes to my trademark later

Comment by Cherie Cossano

hi everybody Aidan here with 180 loco in Colorado welcome back to all up in your business today's episode we're talking trademarks and specifically how to add a class of goods or services to your trademark after you've already got it registered so let's say you have a trademark when you applied for your trademark you were providing a specific type of service or you were selling a certain kind of good on your trademark application and your trademark registration it specifies that type of good or service that your trademark is used in connection with so let's say you started a clothing line and initially you were selling shirts and sweatshirts so your trademark registration is specific to shirts and sweatshirts but now you're selling shoes and hats and you're selling refrigerator magnets and cars very unlikely but hey it could happen so what do you do now that you're selling all these different types of things under that one trademark unfortunately the answer is that you can't really add classes to a trademark after has already been registered you can't go back in and amend the application and you can't you just can't add or remove really well no I guess you can remove but you can't add classes after the fact so what you have to do if you now need to expand the scope of your trademark registration is that you have to apply for the trademark registration again in those additional classes really you just have to go through the exact same process that you did the first time with these additional classes in order to have your trademark registered under all of the applicable classes what you can do if you are starting a business or if you're in business and you're trying to get a registered trademark you can put on the application a a million I mean infinite numbers of classes of goods and services it doesn't have to be just one and you don't have to be using all of them at once you can you some classes as current use and you can do some classes as intent to use so again let's go to our clothing line example if you're starting a clothing line just with t-shirts and sweatshirts but you envision down the line you'll one day want to make pants and sell hats and shoes and everything else on your one trademark application you can have current use for t-shirts and sweatshirts and intent to use a basis for all of those other goods that you will eventually be selling now you're gonna have to start selling those products within a certain time frame it's usually about three years that you can extend it up to before you have to prove to the trademark office that you are actually selling these goods now but if you go into it with the idea that you're gonna be adding these goods later on then you can always put those in the trademark application initially otherwise later on when you start doing different kinds of services or selling different kinds of goods really you just have to go back and file new applications for the trademark all over again in those classes that's all for this episode thank you all so much for watching I'm Aiden Durham and I'll see you next time

Thanks for your comment Cherie Cossano, have a nice day.
- Cindie Garick, Staff Member

Comment by kopnui

hi everybody I'm trademark attorney Josh Durbin and welcome to episode 5 of ask a trademark attorney so this is the show right take questions that I get every day from clients and answer them for you here today's question is once I file my trademark application can I come back and add additional goods and services later on the answer is no once a trademark application is filed you may no longer add goods or services or additional classes to it if you're going to expand your product line your service offerings you would then need to file a brand-new application for the same trademark on the different goods and services that you're now planning to offer so one of the concerns that we get around this question as clients will say well I know today that I'm going to be a clothing brand but I think in five or ten years I might be a jewelry line I might even offer food products might be yoga mats so why don't I file for all those things now and the answer is because in order for your trademark to register you actually have to have sales of all the goods or services that you put into the application so you don't want to stuff your application with all the maybes you want to put things in your application you legitimately think you're going to bring into the marketplace in the next typically one to three years from the filing date of your application the largest companies in the world will file additional applications later on when their product or service lines expand it is extraordinarily common for a company to start in one corner and go out from there and they file additional trademark applications as they go so just don't look at a trademark as a singular event for your company a trademark should is a living breathing thing and you can continuously file new applications as new products and services are offered under your brand you

Thanks kopnui your participation is very much appreciated
- Cindie Garick

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