Trademark Classes Explained

What are trademark classes?

If you’re applying for a trademark, understanding trademark classes is an important first step. Trademark classes categorize goods and services into different groups, helping businesses protect their brands while avoiding conflicts with similar names in unrelated industries.

The Nice Classification (NCL) system organizes trademarks into 45 different classes, with classes 1 to 34 covering goods and classes 35 to 45 covering services. Each category is assigned a number from 1 to 45, which is referred to as an international class, emphasizing its importance in the trademark application process. Choosing the correct class is critical because it defines the scope of your trademark protection and helps determine whether similar trademarks can coexist.

The classification system is used internationally, meaning businesses that expand beyond the United States may benefit from already having their trademark classified under the globally recognized Nice Classification system. This system simplifies the registration process in other countries, as many foreign trademark offices use the same structure to classify marks. However, registering a trademark in the U.S. does not automatically grant protection in other countries. If you plan to expand internationally, you may need to file separate applications in each country or use an international treaty like the Madrid Protocol to streamline the process.

Why are trademark classes important?

Trademark classes define where and how your trademark is protected. They determine:

• The scope of protection: Your trademark is only protected within the class or classes you register it under.
• The likelihood of conflicts: If two companies have similar names but operate in different classes, they may both be allowed to register their trademarks.
• Legal enforcement: If another company uses a name similar to yours in the same class, you may be able to take legal action to protect your brand.

Additionally, trademark classes can encompass various aspects of business management, including services related to advertising, organization, and administrative functions.

Example: Delta Air Lines vs. Delta Faucet

The airline company Delta Air Lines owns trademarks in class 39 for transportation and travel-related services. Meanwhile, Delta Faucet holds trademarks in class 11 for plumbing fixtures and water systems. Because they operate in different trademark classes, both companies can legally exist under the same name without infringing on each other’s trademarks. 

Overview of the 45 International Classes

Trademark classes are divided into two main categories: goods (classes 1-34) and services (classes 35-45). You can find a detailed list on the USPTO website, but below is a quick breakdown:

Understanding these classifications is crucial, especially when dealing with international classes under the Nice Agreement, as different countries may have varying standards for trademark classes.

Goods and Services (Classes 1-34)

Advertising and Business Services (Classes 35-45)

How to Choose the Right Trademark Registration Class

Picking the correct trademark class is crucial because an incorrect selection may lead to a rejected application or limit your protection. Follow these steps to identify the right class:

1. Identify your core products or services. What are you selling? If your business offers both goods and services, you may need to register in multiple classes.
2. Check the USPTO Trademark ID Manual. Use the USPTO’s ID Manual to find the class that best fits your trademark.
3. Consider your future business plans. If you plan to expand your offerings, think ahead about the additional classes that might be relevant.
4. Avoid common mistakes. Registering in the wrong class can weaken your protection or lead to rejection. A trademark attorney can help ensure you file correctly.

It’s also important to consider how your trademark might evolve over time. Businesses that start in one industry often branch into others. For instance, a company that begins by selling fitness clothing (class 25) might later develop a workout app (class 9) or open a gym franchise (class 41). If you only file for one class initially, you might face difficulties protecting your brand if another company registers a similar name in a different industry before you expand.

Can a trademark fall under multiple classes?

Yes, a single trademark can be registered under multiple classes if your business covers different goods and services.

For example, Nike holds trademarks in:

• Class 25 for clothing and footwear.
• Class 28 for sporting goods.
• Class 9 for fitness apps and wearable technology.

Considerations for Multi-Class Applications

• Each class requires an additional filing fee. The USPTO charges per class when filing a trademark application.
• Each class must be supported by a specimen. You need to show proof of use for each class you apply for.
• Future expansion. If you plan to expand, registering multiple classes may provide stronger brand protection.

Because multi-class applications increase costs, businesses need to balance the advantages of broad protection against the extra fees. A strategic approach might involve registering only the most relevant classes at first and filing for additional classes later as the business expands.

Coordinated Classes

Coordinated classes are groups of trademark classes that are closely related to each other. These classes help identify potential conflicts between trademarks, helping ensure that your trademark is unique and doesn’t infringe on existing ones. By searching coordinated classes, business owners can better navigate the trademark landscape and avoid legal issues. The USPTO provides a list of coordinated classes for each trademark class, which can be used to narrow down search results and identify potential conflicts. This proactive approach can save time and resources, making the trademark registration process smoother and more efficient.

How to Search for the Right Trademark Class

Before filing, it’s smart to search existing trademarks to avoid conflicts. Here’s how:

1. Use the USPTO’s Trademark ID Manual. This tool helps you look up trademark classes based on your products or services. The ID Manual includes a comprehensive list of all these materials, such as rubber, gutta-percha, gum, asbestos, mica, etc.
2. Search the USPTO Trademark Search System. This system helps you find similar registered trademarks.
3. Check state and international databases. If you operate outside the U.S., use the WIPO Global Brand Database to check for international conflicts.
4. Consider consulting a trademark attorney. If you’re unsure, a professional can help select the right class and ensure proper filing.

International Trademark Registration

International trademark registration allows business owners to protect their trademarks in multiple countries. The Madrid Protocol is an international treaty that simplifies this process. By filing a single application with the International Bureau of the World Intellectual Property Organization (WIPO), U.S. trademark owners can seek protection in over 131 countries. The WIPO forwards the application to the respective trademark offices, where it is reviewed according to each country’s regulations. While the approval of the application is up to each individual trademark office, the Madrid Protocol streamlines the process, making it easier for businesses to secure international trademark protection.

Next Steps

Now that you understand trademark classes, it’s time to take action:

• Conduct a trademark search to make sure your mark is available.
• Determine the correct class for your goods or services.
• File your application with the USPTO’s Trademark Center.

Protecting your brand is an important step toward long-term business success. If you’re planning to register a trademark, researching trademark classes will help you get it right the first time.

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