When applying to register a trademark with the United States Patent and Trademark Office (“USPTO”), applicants must identify the specific goods or services associated with their trademark. The USPTO organizes goods and services into 45 different trademark International Classes. Classes 1 through 34 cover goods, while Classes 35 through 45 cover services.
Selecting the correct class is an important part of the trademark application process. For example, software generally falls within Classes 9 or 42, while restaurant services generally fall within Class 43. A business that offers several different types of goods or services may need to apply in multiple classes, with additional filing fees generally required for each class.
Trademark classes help define the goods and services covered by a registration. When determining whether a trademark conflicts with an existing mark, the USPTO considers whether consumers are likely to be confused. Goods or services can be considered related even when they fall within different classes.
For this reason, businesses should carefully consider both the appropriate classes and potential conflicting trademarks before filing an application. A trademark search can help identify potential issues and allow a business to evaluate the risks before investing further in a brand.
If you need legal guidance regarding trademark registration, trademark searches, or selecting appropriate trademark classes, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any action based on the information contained within this material.