When filing a trademark application, it is important that you correctly identify the goods and/or services that you are selling (or intend to sell, depending on your filing basis) in connection with your mark. If you claim more products/services than you actually sell, then your trademark registration may be susceptible to cancellation. Many trademarks are used with several very different products and/or services. The Trademark Office categorizes all goods and services into various trademark classes. So when you have a diverse selection of products/services, you may find yourself in a situation where it makes sense to have multiple trademark classes in your application.
Here are a couple quick examples of applications where multiple trademark classes would come into play. Let’s say I had a band called The XYZs and wanted to apply to register that name. The two main things a band sells are their records, and tickets to concerts. “Musical recordings” are a type of product in one class, and “live performances by a musical group” are a service in another class. Or let’s say, for example, that I wanted to start a company that makes doors under the name ABC Doors. If my company sold wooden doors, that would be under one class, but metal doors would be a different class.
The classes used by the Trademark Office are administrative, but they can have an impact on the registration process. Most importantly, adding classes to your application costs more money. That cost depends on the type of application filed, but ranges from $225 to $325. Also, when the Trademark Examining Attorney reviews your application, if your identification of goods and/or services does not have everything in the right class, they will issue an office action. You will then need to correct any problems that they identify. Failure to make such corrections means that your application will go abandoned.
Adding classes is not mandatory, but you will only have rights to your mark as it is used with the goods/services listed in your application. So if you pay for one class, and your mark registers, you will receive protection when your mark is used in connection with the goods/services in the class that you chose.
Categorizing your goods and/or services into their proper trademark classes can sometimes be difficult. For trademarks, there are 45 different classes of goods and services. The trademark classes for goods range from #1 to #34. For services, the classes range from #35 to #45. These cover all of the products and services that can legally be sold in the United States. If you aren’t sure which class your goods/services fall into, you can use the U.S. Acceptable Identification of Goods and Services Manual to try and find what you are selling. However, the manual is not an exhaustive list of all products and services. It is a good starting point, though.
Do You Need Help Determining Your Trademark Classes, Or Have You Received an Office Action Regarding Your Application’s Classes?
If you are having trouble choosing the right trademark classes for your application, please feel free to call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.
