Don't make the mistake of accidentally filing your Trademark in the wrong class. Classifying your Trademark is one of the most important decision that you will make—-and this is where we tend to see most DIY business owners fail.
What is a Filing Class?
The United States Patent and Trademark Office (USPTO) issues trademark registrations based on a filing class system. In order to protect everything your brand offers, you will want to file in every class you’re eligible for. There are a total of 45 different classes to choose from. Classes 1-34 cover goods, and classes 35-45 cover services. Keep in mind, you will be required to provide a specimen (a sample of how you are actually using your mark with your goods or services in the commercial marketplace) for each class of goods and services in your application.
How to Choose the Right Classification?
To choose the correct trademark class, you must first decide whether your trademark applies to a good or a service. A good is a physical item that people purchase from you. A service is an activity that you perform for other people. Sometimes, it’s easy to tell the difference. Furniture, for example, is a good. Accounting is a service. But other times, the line isn’t so clear. The Trademark Office uses the example of T-shirts. If you sell t-shirts, you are providing a good. If people bring shirts to you and you custom print them, you are providing a printing service. If you sell t-shirts and also print designs on them, you may need to register trademarks for both a good and a service.
Next, you must search the Trademark Identification Manual to determine which classes are appropriate for each identified good and/or service. This is another great example of when the answer may not be obvious. Take the cosmetic industry for example. Many business owners would make the mistake of selecting only Class 3 (Cosmetics) on their application. However, goods in this industry are covered by a number of different classes. Eyeshadow, lipsticks, and blush would be covered by Class 3 but makeup brushes, cosmetic refrigerators, pencil sharpeners and cosmetic bags would not.
What Happens If I Get It Wrong?
The mark itself, and the list of goods and services cannot be materially changed or expanded after filing your application (See Rule 2.71(a)). This mean you must include ALL relevant classes when you submit your application. If you need to add more classes , you'll have to file another trademark application and If, for any reason, you choose the wrong trademark class, the USPTO may deny your application, and you will not be reimbursed for your filing fees, which means that choosing the wrong trademark class may not only cost you several hundred dollars but also several months of your time.
Not only will it delay the process, the USPTO is seeing on average 3,500 applications a day. Time is of the essence here. This puts you at risk if another business within that timeframe swoops in and applies to register a mark that is either identical or confusingly similar which could ultimately prevent or block you from obtaining registration or make it very expensive to fight for the right to use your brand name.
Do I Really Need to File In Multiple Classes?
Your rights and your scope of protection are determined by the classes that you designate and pay for in your trademark application. The frugality of trying to save a few bucks by including fewer classifications can leave you unprotected and prevent you from enforcing your rights if an infringement occurs. It may also limit the goods or services you can sell in the future if someone happens to registers your mark in another class, before you do.
Don't Stress- We've Got Your Back!
As you may have already noticed Trademark Classifications can be confusing. Which is why we are here to help make sure that you get it right, so you can have peace of mind that your brand is protected without future issues down the line.
Schedule Your Trademark Consultation Today!