A trademark is a tool that is used across industries to distinguish goods and services from other goods and services. An identifiable trademark may help companies build their reputation and brand awareness among customers.
A registered trademark is a trademark that has been approved as an official trademark by the United States Patent and Trademark Organization (USPTO). Trademark classes are used to categorize goods and services in trademark applications, assess the fees for each, and assist with database searching for pending and registered trademarks.
Each type of goods and services are classified, or organized, into categories determined by international agreements, which is discussed in further detail below. It is important for individuals and businesses to have at least a basic understanding of trademark classes to help ensure they choose the proper class for their good or service.
How Do I Choose the Right Class for My Trademark?
A trademark can be registered in multiple classes. The trademark will only have national protections in the classes under which it is registered.
There can also be identical trademarks in different classes so long as there would not be a likelihood of confusion among consumers. If a product can be included in more than one class, the owner can apply for a trademark in each of the classes.
Trademarks may be registered in as many classes as the owner wishes, so long as the mark is used when selling the goods and services. There can also be identical trademarks in different classes as long as it will not cause a likelihood of confusion among consumers.
If an owner tries to register a trademark in the wrong class, their application will be canceled and their fee will not be refunded. Having legal assistance with choosing the proper classification during the application process will save the owner both time and expense.
How Can LegalMatch Help?
LegalMatch can provide trademark owners and potential trademark owners with information and legal assistance no matter what stage they are with their trademark process. Trademark owners should obtain legal assistance for trademark registration and usage.
Trademark attorneys can help trademark owners choose the correct class or classes in which to register their trademark, which will save them both time and money. Trademark attorneys can help owners choose their trademark, apply for registration in the correct category, and ensure that it is protected under the law.
For more information on how LegalMatch has helped millions of individuals with their legal needs, including trademark issues, see the customer testimonials.
What Is the Purpose of Trademark Classes?
The USPTO uses classes of trademarks for several purposes, including:
- Organizing goods and services in trademark applications
- Assessing fees
- Compiling a database so pending and registered trademarks may be searched
The classification of a trademark categorizes goods and services, which makes it easier to search the USPTO database. Trademark classes can help with the registration process as well.
A trademark class can provide protections for trademark owners rights to make it easier to take legal action against parties who use the trademark without permission. Trademark classes are also used to assess fees, for example, the government filing fee for the trademark application.
Lastly, having trademark classes can help owners of registered trademarks monitor new trademark applications as well as to identify potential infringers. When an owner chooses their trademark class or classes, it is very important to be specific and focus on the classes that are relevant to the business.
If a trademark owner selects too many classes, it may increase the risk of conflicts with existing trademarks. It may also cause an application to be rejected.
What Is the Nice Classification System?
The Nice Classification (NCL) is a trademark classification system that was established by the Nice Agreement. This agreement includes an international classification of goods and services that is applied to the registration of trademarks.
The NCL is recognized in numerous different countries which makes international trademark applications a more streamlined process. This system is revised by the World Intellectual Property Organization (WIPO) every five years.
Under the NCL, goods and services are classified, or organized, into broad categories. The categories are numbered from1 to 45.
Although there are numerous items included in every class, goods and services are never included within the same class. The NCL classification system makes the process of obtaining international trademarks more streamlined.
What Is a Breakdown of the Trademark Classes in the United States?
The NCL divides trademarks into 45 different categories. 34 categories are for products and 11 are for services. Selected examples of the 45 classes included in the NCL and their contents are as follows:
Goods classes:
- 1 – Chemicals: Mainly chemical products for use in industry, science and agriculture, including those which go to the making of products belonging to other classes
- 2 – Paints: Paints, colorants and preparations used for protection against corrosion
- 4 – Industrial oils: Industrial oils and greases, fuels and illuminants
- 5 – Pharmaceuticals: Pharmaceuticals and other preparations for medical or veterinary purposes
- 7 – Machines: Machines and machine tools, motors and engines
- 8 – Hand tools: Hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting and piercing
- 9 – Computers and scientific devices: Apparatus and instruments for scientific or research purposes, audiovisual and information technology equipment, as well as safety and life-saving equipment
- 11 – Appliances: Environmental control apparatus and installations, in particular, for the purposes of lighting, cooking, cooling and sanitizing
- 12 – Vehicles: Vehicles and apparatus for the transport of people or goods by land, air or water
- 13 – Firearms: Firearms and pyrotechnic products
- 15 – Musical instruments: Musical instruments, their parts and their accessories
- 18 – Leather goods: Leather, imitations of leather and certain goods made of those materials
- 19 – Building materials: Materials, not of metal, for building and construction
- 22 – Ropes and textile products: Canvas and other materials for making sails, rope, padding, cushioning and stuffing materials and raw fibrous textile materials
- 23 – Yarns and threads: Natural or synthetic yarns and threads for textile use
- 25 – Clothing: Clothing, footwear and headwear for human beings.
- 26 – Lace and embroidery: Dressmakers’ articles, natural or synthetic hair for wear, and hair adornments, as well as small decorative items intended to adorn a variety of objects, not included in other classes
- 27 – Carpets: Products intended to be added as coverings to previously constructed floors and walls
- 29 – Meat, fish, poultry: Foodstuffs of animal origin, as well as vegetables and other horticultural comestible products which are prepared or preserved for consumption
- 30 – Coffee, flour, rice: Foodstuffs of plant origin, except fruits and vegetables, prepared or preserved for consumption, as well as auxiliaries intended for the improvement of the flavor of food
- 31 – Grains, agriculture: Land and sea products not having been subjected to any form of preparation for consumption, live animals and plants as well as foodstuffs for animals
- 32 – Beers and beverages: Non-alcoholic beverages, as well as beer
- 33 – Alcoholic beverages: Alcoholic beverages, essences and extracts
- 34 – Tobacco products: Tobacco and articles used for smoking, as well as certain accessories and containers related to their use
Services classes
- 36 – Insurance and finance services: Services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds
- 37 – Construction and repair services: Services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of goods back to their original condition or in the preservation of goods without altering their physical properties or chemical properties
- 40 – Material treatment services: 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
- 41 – Education and entertainment services: Services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention
- 43 – Food services: 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 types of establishments that provide temporary accommodation
- 44 – Medical and vet services: medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture and forestry
- 45 – Legal and security services: Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals
For more specific information on what is included in each class as well as what classes a trademark may be classified under, it is important to consult with a trademark lawyer.
Do I Need Legal Assistance?
If you have a trademark that you are considering registering or if you have even already begun the process, it is essential to consult with a trademark lawyer who can help you choose the correct class or classes for your trademark. Having the help of an attorney when choosing your trademark classes will help ensure that your trademark application is not denied, saving you time and money.
LegalMatch is an excellent place for you to find a trademark lawyer in your area at no cost who can help the success of your trademark and business. Simply submit your trademark class question on the website and, in about 24 hours, you will receive responses from pre-screened and licensed attorneys in your area who can help ensure the success of your trademark.
