Trademark Class 45: Legal and Security Services
Choose Class 45 if you are registering legal, security and social services
Class 45 includes legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. Class 45 is one of 45 classes used by the U.S. Patent and Trademark Office (USPTO) when grouping products or services. For a complete listing of all goods in Class 45, see below.
Examples of trademarks in Class 45 include:
ROSELLE POLICE (police and civil protection services), SOS ALARM (security system installation), LITTLER (legal services), ANSWER MAN (legal services).
You would NOT use Class 45 if you were registering:
- professional services giving direct aid in the operations or functions of a commercial undertaking (Class 35 - Advertising and Business Services);
- services relating to financial or monetary affairs and services dealing with insurance (Class 36 - Insurance and Finance Services);
- escorting of travellers (Class 39 - Shipping and Travel Services);
- security transport (Class 39 - Shipping and Travel Services);
- services consisting of all forms of education of persons (Class 41 - Education and Entertainment Services);
- performances of singers or dancers (Class 41 - Education and Entertainment Services);
- computer services for the protection of software (Class 42 - Science and Technology Services);
- services provided by others to give medical, hygienic or beauty care for human beings or animals (Class 44 - Medical and Vet Services);
Related (Coordinated) Classes
If you are not sure whether you should register in Class 45, you might also consider the following “coordinated” classes: Class 35 - Advertising and Business Services, Class 36 - Insurance and Finance Services, Class 37 - Construction and Repair Services, Class 38 - Telecommunications Services, Class 39 - Shipping and Travel Services, Class 40 - Material Treatment Services, Class 41 - Education and Entertainment Services, Class 42 - Science and Technology Services, Class 43 - Food Services, Class 44 - Medical and Vet Services. A coordinated class is one that is related to another class, usually because the USPTO has determined that applicants filing within Class 45 often file in the coordinated classes, too.
Why use the class system? Trademark registration is based on a class system. For each class of goods or services that you register, you must pay a separate registration fee. So if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay two fees. You must indicate the correct class at the time you are registering a trademark. If you list the incorrect class, you must start the application process over. Your registrations are restricted to those classes that encompass the goods or services you are already offering (as shown by the specimens you submit) or that you plan to offer (if you are registering on an intent-to-use basis). You may also need information about the class number in order to narrow a search of the USPTO’s trademark database.
Specimens for Class 45
A specimen for service must show use of the mark in a manner that would be perceived by potential purchasers as identifying the applicant's services and indicating their source. Where the mark is used in advertising the services, the specimen must show an association between the mark and the services for which registration is sought. A specimen that shows only the mark, with no reference to the services, does not show service mark usage.
When you are offering a service, you have no product to which you can affix a label. Acceptable specimens for services include a variety of materials that can’t be used for product marks. This includes scanned copies of advertising and marketing materials, such as newspaper and magazine ads, brochures, billboards, direct mail pieces, and menus (for restaurants).
Letterhead stationery and business cards showing the mark may be used if the services are plainly reflected on them, because the name or symbol being claimed as a mark would, in that context, be used to identify the services provided—that is, as a mark rather than as a trade name. A letter on stationery will even be accepted as a specimen for a service mark if the mark appears and the services are described in the letter.
Internet. In cases of services rendered over the Internet, a screen shot of the full web page should be fine. If the mark is being prominently displayed on the home page, so much the better.
The following are unacceptable specimens for marks for Class 45 services:
- news releases or articles based on news releases,
- 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,
- letterhead or business cards that bear only the mark and a company name and address are not adequate specimens (use of the mark to identify a company, such as on letterhead). As discussed earlier, one exception to this is if the letterhead or the text of the letter identifies the services represented by the mark.
Audio. Most marks appear in writing somewhere. If your mark represents a service, and it appears only on radio ads or in some other audio form, you may submit a sound file of the audio.
For More Information on Trademarks and Federal Registration
Complete Listing of All Goods in Class 45 Based on Taxonomy
- Safety, rescue, security and enforcement services, baggage inspection for security purposes, fire-fighting, guards, inspection of factories for safety purposes, monitoring of burglar and security alarms, night guards, opening of security locks, personal background investigations, personal body guarding, rental of safes, rental of fire extinguishers, rental of fire alarms, security consultancy.
- Personal and social services, adoption agency services, baby sitting, chaperoning/escorting in society [chaperoning], genealogical research, house sitting, lost property return, pet sitting, planning and arranging of wedding ceremonies.
- Astrological and spiritual services, horoscope casting.
- Rental of clothing, clothing rental, evening dress rental.
- Detective services, detective agencies, missing person investigations.
- Dating services, dating services, marriage agencies.
- Funerary services, crematorium services, funerals, undertaking.
- Religious services, organization of religious meetings.
- Legal services, alternative dispute resolution services, arbitration services, copyright management, intellectual property watching services, intellectual property consultancy, legal research, licensing of computer software [legal services], licensing of intellectual property, litigation services, mediation, registration of domain names [legal services].