Trademark Class 44: Medical, Beauty, and Agricultural Services

Trademark Class 44, a very broad category, includes medical care, hygienic products, and beauty care products for both humans and animals. It also includes certain services relating to the fields of agriculture, horticulture, and forestry.

Specifically, the class includes dairy farming, landscape design, occupational therapy, dentistry, eyeglass fittings, mental health counseling, pet grooming, and tattooing,

What Services Are Included Under Trademark Class 44?

The following is a more comprehensive list of Class 44 services:

• Tree planting, aquaculture services, aerial and surface spreading of fertilizers and other agricultural chemicals, farming equipment rental, tree surgery, and vermin exterminating for agriculture, horticulture, aquaculture, and forestry.
• Livestock farming, cattle farming, dairy farming, horse farming, koi farming, animal husbandry, and animal breeding.
• Gardening, organic farming, landscape gardening, lawn care, plant nurseries, weed killing, hydroponic farming, and sod farming.
• Landscape design, landscape design, floral design, flower arranging, and wreath making.
• Veterinary surgery, spay and neuter clinics, veterinary dentistry, veterinary testing for diagnostic or treatment purposes, and genetic testing of animals.
• Animal grooming services, pet grooming, pet beauty salon services, and hygienic and beauty care for animals.
• Human healthcare services, therapy, aromatherapy services, chiropractics, convalescent homes, rest homes, health counseling, health centers, health spa services, healthcare, hospices, massage, midwife services, nursing homes, physical therapy, substance abuse treatment, sanatoriums, speech therapy services, and occupational therapy.
• Medical services, alternative medicine services, artificial insemination services, blood bank services, hair implantation, hospitals, in vitro fertilization services, medical equipment rental, medical assistance, medical clinic services, nursing and medical, plastic surgery, and telemedicine services.
• Dentistry, pediatric dentistry, cosmetic dentistry, and oral surgery and dental implant services.
• Pharmaceutical services, pharmacists' services to make up prescriptions, pharmaceutical advice or consultation, and dispensing of pharmaceuticals.
• Optician services, fitting of optical lenses, eyeglass fitting, and fitting of contact lenses.
• Mental health services, services of a psychologist, therapeutic summer camps, mental health counseling and psychotherapy, clinical mental health consultation, and providing mental health and wellness information.
• Human hygienic and beauty care, beauty salons, hairdressing salons, manicuring, public baths services for hygiene purposes, rental of sanitation facilities, sauna services, solarium services, turkish baths, and laser treatments for acne, rejuvenation, scars, and facials.
• Body art, tattooing, cosmetic tattooing, eyebrow tattooing, laser removal of tattoos, makeup application, services of a makeup artist, permanent makeup services, and semipermanent makeup services.

What Services Aren't Included Under Class 44?

But you would not use Class 44 if you're applying for:

• vermin exterminating (other than for agriculture, aquaculture, horticulture, or forestry) (Class 37 - Construction and Repair Services)
• installation and repair services for irrigation systems (Class 37 - Construction and Repair Services)
• ambulance transport (Class 39 - Transportation and Storage Services)
• slaughtering of animals and taxidermy (Class 40 - Material Treatment Services)
• timber felling and processing (Class 40 - Material Treatment Services)
• animal training (Class 41 - Education and Entertainment Services)
• health clubs for physical exercise (Class 41 - Education and Entertainment Services)
• scientific and medical research (Class 42 - Computer and Scientific Services)
• boarding for animals (Class 43 - Hotels and Restaurants Services), or
• retirement homes (Class 43 - Hotels and Restaurants Services).

Examples of Trademarks in Class 44

You can find trademarks that have been applied for or registered by the United States Patent and Trademark Office (USPTO) under Class 44 in the Trademark Electronic Search System (TESS), an electronic trademark database.

Some well-known examples of Class 44 marks include:

• MASSAGE ENVY (salon and spa)
• CVS HEALTH (medical services and providing medical information), and
• PETSMART (pet grooming).

USPTO Trademark Classes

The USPTO, the federal agency that oversees the registration of federal trademarks, divides marks into 45 different classes of products and services. The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business.

The first 34 classes consist of different broad categories of goods. The last 11 classes consist of different broad categories of services.

Related or Coordinated Classes to Class 44

If you're not sure whether you should apply for your mark under Class 44, you can consider a "coordinated" class. A coordinated class is one that's related to another class, usually because the USPTO has determined that applicants filing within one particular class often file in other specific classes, too.

For Class 44, the USPTO has determined the following classes to be coordinated classes:

• Class 35 - Advertising and Business Services
• Class 36 - Insurance and Financial Services
• Class 37 - Construction and Repair Services
• Class 38 - Telecommunications Services
• Class 39 - Transportation and Storage Services
• Class 40 - Material Treatment Services
• Class 41 - Education and Entertainment Services
• Class 42 - Computer and Scientific Services
• Class 43 - Hotels and Restaurants Services, and
• Class 45 - Personal and Legal Services.

Trademark Filing Fees

The trademark class system will also affect the scope of the registration fees that you pay. The USPTO charges a set filing fee per class of goods or services. So, if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay the filing fee for two classes, which is double the filing fee for one class. (37 C.F.R. §2.6(a)(1)(2022).)

Be sure to indicate the correct class at the time you're registering a trademark—if the application doesn't already do so for you. If you list the incorrect class, you must restart the application process, and your filing fees will not be refunded.

Your registration is restricted to those classes that encompass the goods or services you're already offering (as shown by the specimens you submit) or that you plan to offer (if you're registering on an intent-to-use basis).

USPTO Specimens

At some point in the trademark application process, you'll need to supply the USPTO with a specimen. A specimen is a real-world example of how your mark is being used in association with your goods or services. In other words, it's how customers come across your mark as they shop for your goods or services.

If you're applying for a use-in-commerce trademark (you're already using your trademark to sell your goods or services), then you'll submit a specimen with your trademark application. If you're applying for an intent-to-use trademark (you haven't started using your trademark yet but plan to), then you'll submit a specimen after you've already submitted your trademark application once the trademark examiner—the person at the USPTO reviewing your application—requests it from you.

For every class of goods or services, you'll need to submit at least one specimen regardless of how many goods or services are listed under the class. So, if you apply for hats, t-shirts, and socks under Class 25, then you'll only need to submit one specimen and you can choose which good to include in your specimen.

(37 C.F.R. §2.34(b)(2)(2022).)

Acceptable Specimens for a Service Mark

A specimen for a service trademark must show use of the mark in a manner that would be perceived by potential purchasers as identifying the applicant's services and indicating the service's source.

When the mark is used in advertising the services, your specimen must show an association between the mark and the services you're applying for. A specimen that shows only the mark, with no reference to the services, doesn't show service mark usage.

When offering a service, you don't have a product you can put a label on. Instead, your specimen will need to show how your trademark is being used to sell your service. So, your specimen can show how you're using your trademark to promote your services or how your trademark is used in the performance or rendering of your service. (37 C.F.R. §2.56(b)(2)(2022).)

Acceptable specimens for services include a variety of materials that can't be used for product marks. For a service trademark, you can submit specimens that include:

• newspaper and magazine ads
• brochures
• billboards
• direct mail pieces
• menus (for restaurants)
• publicly available press releases—such as on the applicant's website, and
• letterhead stationery—for instance, invoices—and business cards showing the mark when the services are plainly reflected on them.

If your services are rendered online, you can use a screenshot of the webpage where the trademark and reference to the services appear. Ideally, the trademark will be displayed in the webpage header, but any prominent showing of the trademark that appears near a description of the services will work. Be sure you include—either on the screenshot or in the application—the website URL and the date you last accessed the webpage. (37 C.F.R. §2.56(c)(2022).)

While most marks appear in writing somewhere, trademarks can also be in audio format. If your mark represents a service, and it appears only on radio ads or in some other audio form, you can submit a sound file of the audio.

Unacceptable Specimens for a Service Mark

The following are unacceptable specimens for service marks:

• news releases or articles based on news releases that are only sent to the news media
• documents showing trademark rather than service mark usage (use of the mark in connection with goods rather than services)
• invoices and similar documents such as packing slips, unless the invoice identifies the mark and the services represented by the mark, and
• letterhead or business cards that bear only the mark and a company name and address, unless the letterhead or the text of the letter identifies the services represented by the mark.

For more information about trademarks and federal registration, see our section on trademark law.