Trademark application classes [Updated]

Last updated : Sept 26, 2022
Written by : Quincy Caporali
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Trademark application classes

What are the different classes of a trademark?

  • Class 1: Chemical Products.
  • Class 2: Paint Products.
  • Class 3: Cosmetics and Cleaning Products.
  • Class 4: Lubricant and Fuel Products.
  • Class 5: Pharmaceutical Products.
  • Class 6: Metal Products.
  • Class 7: Machinery Products.
  • Class 8: Hand Tool Products.

What is a Class 4 trademark?

Class 4 includes both liquid fuels, such as gasoline and alcohols, and solid fuels, such as coal. Most common illuminants fall under this class. Call Us: (804) 477-1720.

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.

What is a Class 12 trademark?

Class 12 includes vehicles, devices, machines and apparatus for locomotion by land, air or water. This Class also includes motors and engines for land vehicles, as well as couplings, transmission components, and air cushion vehicles.

What is a Class 1 trademark?

Trademark Class 1 is for registering a trademark for chemical products used in science, industry and agriculture. It also includes those that go into the making of products belonging to other classes. Class 1 mainly includes pharmaceuticals and other preparations for medical or veterinary purposes.

What is class 25 in trademark?

Trademark Class 25 pertains to clothing, footwear, headgear. The following goods must NOT be classified under Class 25: Certain clothing and footwear for special use.

What is trademark class 9?

Trademark Class 9 pertains scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling ...

What is trademark class 44?

Class 44, a very broad category, includes medical care, hygienic products, and beauty care products for both humans and animals. It also includes certain services relating to the fields of agriculture, horticulture, and forestry.

How many classes can a trademark have?

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.

What is trademark class 40?

CLASS 40 (Treatment of materials) Treatment of materials. Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services.

What is trademark class 41?

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.

What is trademark class 43?

Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation.

What is trademark class 13?

Trademark Class 13 pertains to firearms; ammunition and projectiles; explosives; fireworks.

What is trademark class 39?

Therefore, Trademark Class 39 includes services for the transport of people, animals or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their ...

What is trademark class 28?

Class 28 is a broad one, including games, playthings, gymnastic and sporting articles (like baseball gloves), decorations for Christmas trees, amusements, game, and fishing apparatuses. For a complete listing of all goods in Class 28, see below.

What is class 20 in trademark?

Trademark Class 20 pertains to 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.

What is class 19 in trademark?

Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

What is trademark class 11?

Trademark Class 11 pertains to apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

What is trademark class 22?

Trademark Class 22 covers textiles including ropes, materials for ship and boat building, padding materials, cushioning and stuffing materials, raw fibrous materials, other textiles, and some other miscellaneous items.

What is trademark class 32?

Trademark Class 32 includes beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; and syrups and other preparations for making beverages. For more information about trademarks and federal registration, see Nolo's articles on Trademark.

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Trademark application classes

Comment by Burton Kostiv

trademark classes now we should talk a little bit about the classes of goods and services that you can file a trademark in when you file a trademark application one of the first things we do when working with clients on their trademark application is understanding what goods or services they are offering the reason this is important is because the rights you receive in a trademark are limited to the specific goods or services you offer in other words the list of the goods and services is an important aspect of the trademark application as the scope of the applicant's rights in the trademark is defined and limited by the scope of the classes that you list in your application this list is also known as the specification what this means to you in practical terms is that when you're filing your trademark application we have to select different categories called classes of goods and services for the trademark essentially every good and services known to mankind has been divided into forty five different classes by the International classification system established by the nice agreement concerning the International classification of goods and services for the purposes of registration of marks an international treaty consummated on the 15th of June 1957 in Nice France the nice agreement is open to states who are parties to the Paris Convention for the protection of industrial property in total the nice classification system contains around 10,000 indications of goods and 1,000 indications of services the advantage of having classes is that you can have very similar even identical trademarks in different industries which do not result in the end-user being confused for example you have Dove chocolate and Dove soap you've got Delta Airlines and Delta faucets and there's a lot of other Delta's out there as well the reason these trademarks can coexist is because there are vastly different markets if I'm in the market to buy a body soap I'm not going to confuse that with the name of a chocolate maker now there are always exceptions every rule but in general the rule is that if a trademark is in a different line of business or a different channel trait even if it's identical to a pre-existing trademark they can co-exist an obvious exception would be trademarks that are defined for the Paris Convention to have become well-known like Nike or coca-cola you can't go make coca-cola soap without confusing and users as everybody knows coca-cola it's just not gonna happen the classes are number 1 through 45 classes 1 to 34 related Goods and classes 35 to 45 relate to services now let's say you're selling clothing sunglasses in purses those actually fall into three different categories clothing is class 25 purses would be class 18 and sunglasses in class 9 the significance to you is that the trademark offices filing fees are computed based on how many classes and you are filing now some countries allow you a single fee for up to three classes others charge by class and the final filing costs will be multiplied by as many classes as you're trying to register so if filing one trade back in one class costs two hundred and forty dollars now you will be paying seven hundred and twenty dollars to file a trademark application in three separate classes now this is where small business owners have to be very careful about their strategy for registering a trademark and how many classes they actually want to include when filing a trademark as the cost can raise very quickly so at the end of the day we're trying to figure out what goods or services are we offering what are the applicable classes and then what strategy do we want to take do we have the budget to apply for classes that are only tangential and not really critical to our business or do we need to register in less classes to keep the cost within budget another important aspect of using classes is the ability to exclude classes when there is a conflict with another similar trademark when an examiner rejects your trademark because it is descriptive of its goods for services for example when you need to overcome an Chinn for an opposition based on the likelihood of confusion you can decide to exclude certain classes of goods and services that are similar to that of the similar trademark in order to overcome that objection an applicant may also restrict his specification nor to overcome an objection made under absolute grounds where the trademark is found to be descriptive by using restrictions and positive or negative terms such as alcoholic beverages consisting of vodka rum or alcoholic beverages none of which being whiskey or gin you may be able to overcome a refusal for an opposition citing an earlier trademark that already covers whiskey and gin beverages please feel free to watch more of our videos to get valuable insights but the mechanics of applying for trademark registrations defending your marks opposing other conflicting Mart's dealing with office actions and many other intellectual property issues my name is jonathan morton and i have a licensed US attorney and a member of the trade markers network don't forget to subscribe

Thanks for your comment Burton Kostiv, have a nice day.
- Quincy Caporali, Staff Member

Comment by Kym

all right so trade weren't classes trademarks IDs trademark codes I've gotten so many messages from you guys saying Jelena like what are you talking about so in today's video we're going over trademark classes let's get into it hey hey guys thank you so much for clicking on the video if you're new here my name is Jolene dual-career you can call me Jill D and on this channel we talk about cannabis business and entrepreneurship from a legal perspective and today guys we're getting into something I think has been unnecessarily confused by me I'm guilty and that is trademark glasses so in some of my previous videos I talked about this thing called a trademark code or a trademark ID I want to go ahead and explain this so your trademark the trademark code was just a phrase that I used to sort of make it easier to understand instead of getting into this lengthy discussion about trademark classes and I also referred to something called trademark IDs which is a column in the search results when you use the patent and trademark office database and search tool it's something that's on the left and refers to a type of ID that the US Patent and Trademark Office assigns a particular registration I am so sorry that this was a point of confusion for you guys so I want to go ahead and clarify exactly what you're going to be looking for when you do your application and make sure that you have your classes correct okay don't forget to subscribe guys there is a link at the bottom of this video and there's a link right above the description box that you can click that will automatically subscribe you it supports my channel and it also notifies you whenever I post new and actionable content on my channel there's lots of great legal tips and tricks and advice that I give so if you want to know about this stuff you have to subscribe okay also shout-out to my viewer of the week thank you so much for your comments and your feedback and truly truly appreciate it so to start of our discussion on today's topic let's dive into what all of this means so in trademark legal land there are a bunch of broad general overarching class is under which your goods and services can fall for trademark purposes so I don't want to give you guys like a boring history lesson on trademark law and how trademark develops in the United States I mean there's a ton of other lawyers and legal channels on YouTube that you can go and watch that kind of boring stuff like no shade but just like as a really quick kind of like background a lot of countries had their own systems for registering and recognizing trademarks and some still do not all of them have the same Universal like classification process but as the world became more of a global economy there was a need for a more centralized classification system so that kind of birth the nice agreement and that's how we came up with these trademark classes well not me but you know the countries so under the nice agreement there are 45 classes under which you can file a trademark for your goods and services some of these classes are for goods some of these classes are specifically for services so it's important to go through these classes and understand which one you are generally going to fall under for your goods and services keeping in mind that you may have some overlap you may fall into more than one class I think where it gets tricky here is if you've never really done a trademark application before you're not familiar with the process and I think this is where I slipped up with you guys and kind of confuse things is in addition to finding your class you have to also include a specific description of your goods and services on your application that ties in with that class okay I'm gonna get into it don't worry you cannot just go and file a trademark application citing to your overarching class because that's not sufficient enough for the US Patent and Trademark Office to register you're more they need a little bit more of a explanation as to what your mark your logo your slogan your your main brand name whatever it is that you're trademarking they need a little bit more of an explanation as to how it's being used so so once you have an idea of what your class or classes are you can go in and run a search on the US Patent and Trademark Office website there is a database there where you can start looking up the different descriptions that have been you under that class let me go in and give you an example all right so let's take a look at an example all right so hopefully this will help so I'm on the USPTO website okay and if you go on to the home page and go over to trademarks you'll see a place where you can access tests which is the trademark database for the United States Patent and Trademark Office it includes all of the live and dead trademarks in the country so if we want to just do a quick search on you know just like a more popular name let's do Fenty which is Rihanna's brand and what comes up is we've got 62 records here on this page well 62 records in total but we can take a look and we can pick one and see what exactly here's a good one Fenty beauty by Rihanna alright so you could see this is a good example so she's just trademarked the name and you could see that her class has fallen in class three so this is the International class three or international code I always say code it's its class so you can see that although she has her class she's also included a description of exactly what is going to be covered by this trademark so she's got makeup cosmetics cosmetics kits comprised of makeup lipstick lip gloss eyes shadow etc etc so that's basically the concept if we pick another one let's go all right we've got this one lavender by Fenty okay this one is in the class 25 okay and here it's clothing but it's bandanas belts bottoms caps coats dresses gloves hats headbands and the list goes on and she's able to give a more detailed description that goes along with her class so I hope that makes sense if you have any other questions about that and really like how to do the search I can also do another video on that so the important thing for you to understand is that you need to get your code your classifications correct your class and see in this one I'm not sure what this is I don't think I've ever seen this but you see here she's got several different classes and this is what I mean when I say that you can have some overlap and multiple classes for your goods and services so she's in class 9 here with sunglasses she's in class 14 with jewelry and then she's in class 18 for purses and at class 25 again for clothing so there are multiple classes here it also includes a little yeah this is a design a design a logo so yeah that's just the point that I'm trying to drive home here so that's the first important thing is to understand your class and then get into your description if you're at a point where you've already decided on what class you're gonna file under or classes you're gonna file under and you've done a search on US Patent and Trademark Office website or descriptions that you can use to describe your goods or services

Thanks Kym your participation is very much appreciated
- Quincy Caporali

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