The U.S. Patent and Trademark Office (USPTO) categorizes or “classifies” products and services into various groups or “classes.” There are additional costs for each additional class if you want to use a trademark to identify more than one good or service and those goods or services fall under more than one class (for instance, apparel and motorcycles). Each class number assigned by the USPTO relates to a certain named category, as shown below. Please be aware that the terms in the class headers or short titles are typically too generic to be utilized as your real description of goods or services. Additionally, listing just an international class number is never acceptable. In this blog post, you will get to know about the Important Trademark Classes in general.
Important Trademark Classes
Trademarks are categorized into 45 distinct classes by the NICE classification, also known as the International Certification of Goods and Services. A specific category of goods and services is designated by each class of trademarks.
To prevent inconsistencies, a trademark search must be conducted before filing a trademark registration application. It is important to choose a suitable trademark class because doing so could impede the registration process.
Trademark applications may be submitted in more than one class if a company’s activities involve a range of goods or services that fit several different trademark classifications. A different organization may nonetheless submit a trademark registration for the same mark under a different class even though it is already registered under one class.
As a result, submitting a trademark application under one class does not provide the mark exclusive exclusivity in use. An exclusive right to use a mark is only granted in connection with the class of goods or services for which it is registered. Use the trademark class discovery tool to select the proper trademark class from among more than 80,000 goods and services. Of the 45 classes listed below, 34 come under the “Goods” category and 11 belong under the “Service” category.
Grounds for the classification of Important Trademark Classes
The following is the basis for the classification of Important Trademark Classes:-
Classification of Goods in the context of Trademark
- A final product is categorized based on its use and purpose. If it is presumed that the product is not included in any of the classifications, it is compared to the other finished items on the list.
- Any of the classes that correspond to one of a product’s functions can be applied to a product with many uses. Other criteria, such as the raw materials of the products or their mode of operation, will be considered if those functions are not listed in any class.
- Raw materials or semi-worked commodities are classed according to the material they are made of. When a product is made up of multiple materials, the dominant material is used to organize it.
Services Trademark Classification
- The basis for categorizing the services is the branches of the activities stated in the headings and explanations of the service classes.
- The same applies to rental agencies.
- Services that offer advice, information, or consultation fall under the same category as services about the subject area of those services.
Trademark Classification of Products Trademark classification Class
The following are the different Trademark Classification Classes:
Trademark Class 1
Chemicals used in commerce, medicine, cinematography, agribusiness, farming, and wildlife; raw plastics; compounds used to preserve food; Trademark Class 1 Chemicals;
Trademark Class 2
Metals in foil and powder form for painters, decorators, printers, and artists; Paints; Varnishes; Preservatives against Rust and Wood Deterioration; Colorants;
Trademark Class 3
Cleaning, polishing, abrasive preparations, soaps, perfumery, essential oils, cosmetics, and hair lotions; Bleaching preparations and chemicals for laundry use;
Trademark Class 4
Pharmaceutical fluids and lubricates, lube, epithelization, lamps, and candles, dust-absorbing, wetting, and binding compounds, fuels (including motor spirit),
Trademark Class 5
Disinfectants, fungicides, and herbicides; pharmaceutical, veterinary, and sanitary preparations; dietetic items modified for medical purposes; food for infants;
Trademark Class 6
Common metals and their alloys, metal building materials, tiny pieces of metal hardware, pipelines, and other metal commodities not covered by other classes
Trademark Class 7
Machines and machine tools, coupling and transmission parts, non-hand-operated agricultural devices, and egg incubators;
Trademark Class 8
Cutlery, razors, sidearms, and hand tools and utensils (operated)
Trademark Class 9
Computers, data processing equipment, scientific, electric, photographic, measuring, and gear for recording, transmitting, or reproducing sound or images;
Trademark Class 10
Orthopedic items, suture materials, artificial limbs, eyes, and teeth, as well as medical, dental, and veterinary equipment and devices
Trademark Class 11
Equipment for lighting, heating, steam generation, cooking, cooling, ventilation, water supply, and sanitary functions
Trademark Class 12
Vehicles; equipment for moving about on land, in the air, or on water
Trademark Class 13
Fireworks, projectiles, ammo, and explosives
Trademark Class 14
Jewelry, precious stones, homological and other chronometric instruments, as well as precious metals and their alloys and commodities made of them.
Trademark Class 15
Music devices/equipment
Trademark Class 16
Paper, cardboard, and products derived from them; printed materials; stationery; brushes; typewriters and office supplies; plastic materials for packaging;
Trademark Class 17
Flexible pipes, asbestos, mica, and products made from these materials, as well as plastics, have been extruded for use in manufacturing.
Trademark Class 18
Whips, harnesses, and saddlers; animal skins, hides, trunks, and travel bags; parasols, walking sticks, and counterfeit leather;
Trademark Class 19
Non-metallic building materials, including asphalt, pitch, and bitumen; non-metallic transportable structures; and non-metal monuments
Trademark Class 20
Furniture, mirrors, and picture frames; items made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, or polymers
Trademark Class 21
Utensils and containers for the home or kitchen, combs and sponges, cleaning supplies, unpolished or partially polished glass, glassware, and pottery;
Trademark Class 22
Raw fibrous textile materials; ropes, thread, nets, tents, awnings, tarpaulins, sails, sacks, and bags, cushioning, but not rubber or plastic.
Trademark Class 23
Yarns and threads, for textile usage,
Trademark Class 24
Bed and table covers; textiles and textile products not included in other groups
Trademark Class 25
Clothing, footwear, and headgear
Trademark Class 26
Artificial flowers, buttons, hooks, eyes, lace and embroidery, ribbons, and braid
Trademark Class 27
Wall hangings; linoleum and other materials for covering existing floors; carpets, rugs, mats, and matting (non-textile)
Trademark Class 28
Games and playthings, gymnastic and sporting goods not otherwise classified, as well as Christmas tree ornaments
Trademark Class 29
Meat, fish, poultry, and game; meat extracts; cooked, preserved, and dried produce; jams; eggs; milk; and dairy products; as well as edible oils and fats
Trademark Class 30
Coffee, tea, chocolate, sugar, rice, tapioca, sago, honey, treacle, yeast, baking powder, salt, mustard, vinegar, spices, and ice are just a few of the ingredients
Trademark Class 31
Live animals, fresh fruits and vegetables, seeds, natural plants, and flowers, as well as agricultural, horticultural, and forestry products and grains, malt, and fresh fruits and vegetables
Trademark Class 32
Beers, mineral and aerated waters, as well as various non-alcoholic beverages, fruit drinks, fruit juices, syrups, and other beverage-making supplies
Trademark Class 33
Alcoholic beverages (except beers)
Trademark Class 34
Tobacco, smoking-related items, and matches
Services Trademark Classification classes
The following are the different service Trademark Classification Classes:
Trademark Class 35
Office duties, management, and administration of businesses
Trademark Class 36
Real estate affairs, insurance, and financial matters
Trademark Class 37
Services for building construction, repair, and installation
Trademark Class 38
Communications
Trademark Class 39
Transportation; storage and packaging of goods; planning of travel
Trademark Class 40
Material treatment
Trademark Class 41
Activities are related to education, entertainment, sports, and culture.
Trademark Class 42
Services in the fields of science, engineering, and technology; services in the fields of business analysis and research; services in the design and development of computer hardware and software
Trademark Class 43
Food and beverage services; short-term lodging
Trademark Class 44
Medical, veterinary, sanitary, and beauty services for people and animals; forestry, agriculture, and horticulture[1] services
Trademark Class 45
Personal and social services provided by others to meet people’s needs. Legal Security database for the protection of people and property
Conclusion
It can be difficult to choose which classes to register your trademark under. Creating a specification, such as a list of the products or services you are using or want to use the mark, is the first step in figuring out your class. The specification must include both goods that are intended to be of future interest as well as those that are intended to be of immediate interest. It must be as clear and accurate as feasible.
You should consider the following factors when determining which category your products or services fall under:
- The characteristics and purpose of the goods or services
- Whether or not the products include any raw ingredients
- What duties the service carries out, and
- What kind of services is being provided?
For any kind of legal assistance apropos to the basic understanding of Important Trademark Classes, you can contact the legal consultants at BizAdvisors.io.
Read our article:All You Need to Know about Trademark Class 35