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Trademark registration categorizes marks into 45 distinct groups, of which 34 are for goods and 11 are for services. Classes are these groupings of marks that are used to distinguish and monitor the countless number of new mark and logos that are registered every year.
Keep in mind that a similar word or logo registration may properly fall under a different trademark classification in a different class. "Fresher" may be a trademark for both the Food and Drink class and the Medical Products class. In addition to being a well-known brand of soap and shampoo, "Dove" also makes a well-liked chocolate. Selecting the class or classes that relate to their mark is a requirement for trademark registration owners.
Depending on their response to the following questions, trademark registration owners often have two reasons for utilizing the classification system.
Making sure the application is filed in the correct class is crucial when registering a mark. The application you submitted will be canceled and the fee cannot be reimbursed if you attempt to register for a mark in an incorrect class. For instance, since your good is unrelated to the class, the USPTO will undoubtedly reject your application if you attempt to register a trademark for blankets in the "Food" category. Thus, saving time and money throughout the application procedure depends on making the proper classification. Examine the classes that might be suitable. An complete list of possible products or services for each class is provided on the page for that class below.
The technique is also frequently used to ascertain whether certain products or services linked to the registered trademark disputes are sufficiently similar to one another to be sold for the same customer and marketed via the same channels. If the owner of a registered trademark intends to pursue a possible infringer, this could be a crucial matter. For instance, the USPTO can reject your application if you wish to register a brand medication under the name "Flu-be-gone" within the "Medical" category yet there is already a medication with the same name in that class.
To find the right class that best fits your product or service, some study may be required. Does a belt composed of woven cord, for example, fall under the class 22, which covers fibers and cordage? Ultimately, the response is "no," as the cord is used to make apparel, which is categorized under Class 25.
In a similar vein, classifying a mark that denotes a novel kind of good or service could prove to be challenging. For instance, you would want to register a brand in several classes, such as Worldwide Class 29, (meat products and packaged foods), 35 (promotion and company), 9 (the electrical systems and scientific apparatus), and 39 (transportation and storage), if you are operating an online store that delivers groceries to homes.
Customers are likely to become confused if similar or identical marks are used within the same category because goods and services belonging to the similar class are typically seen as linked or competitors. It's critical to realize that the mere fact that two goods or services fall into the same or separate category does not prove that the two marks were legally incompatible. Every good and service are grouped into 45 classes by the international categorization system, which mixes, for example, cosmetics and abrasive cleansers. As a result, products in the same category may be sold in completely different ways to avoid confusing customers.
There are 45 classes in all for trademarks, with products falling under classes 1-34 and services under classes 35–45.
Selecting the appropriate class of trademarks is an essential stage in the registration of trademark procedure. Here are a few things to think about before choosing:
Determine the characteristics and purpose of the goods or services you provide. Find out what is their main purpose in the market.
If your products contain raw ingredients, classify them according to the product's material or makeup.
List the duties that the service provider carries out in relation to services. This can assist in choosing the right class.
It is important to specify the services that are being offered. Think about the particular features that set your services apart from competitors.
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Selecting the appropriate trademark class guarantees that your brand registration is adequately safeguarded for your particular products or services. Should you have any questions, speaking with one of our trademark specialists can offer insightful advice on how to classify trademarks.
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