You must choose the proper class when applying for trademark registration
Below we have provided links to the various trademark classifications used by the U.S. Patent and Trademark Office (USPTO). These classes are used by the USPTO to help differentiate and keep track of the many thousands of new marks that it registers every year. There are 45 classes in all, 34 for products and 11 for services.
How will you use the classification system?
A trademark owner generally has two uses for the classification system.
- Will it work for registration? When registering a mark, it is important to file the application in the proper class. If you seek to register a mark in the wrong class, your application will be cancelled and your fee will not be refunded. So, getting the classification right during the application process saves time and money. Review the classes that may be appropriate. Each class web page contains an extensive list of potential goods or services for that class.
- Are they related? The second common use of the system is to determine whether the specific goods or services associated with conflicting marks are so closely related to each other that they are likely to be marketed in the same channels and sold to the same consumer. This may be important issue if a trademark owner plans to chase a potential infringer (or is being chased).
Navigating the class system
It may take a little research to determine the class to which a product or service fits best. For instance, does a belt made of woven cord belong under Class 22, which includes cordage and fibers? As it turns out, the answer is “no,” because the cord is made into clothing, which belongs in Class 25. Similarly, if a mark represents a new type of service or product, it may be difficult to decide how to categorize it. For example, if you are running an Internet-based store-to-home grocery ordering and delivery service, you may wish to register in a variety of classes, including International Classes 29 (meats and processed foods), 35 (advertising and business), 9 (electrical and scientific apparatus), and 39 (transportation and storage).
Because goods or services in the same class are usually considered related or competing, the use of the same or similar marks within the same class has a high potential for customer confusion. It’s important to understand that by itself the fact that two products or services are in the same or different classes does not conclusively establish whether two marks are legally in conflict. Because the international classification system has packed all goods and services into only 45 classes, combining, for example, abrasive cleansers and cosmetics, products within the same class may be marketed in totally different ways so as to avoid customer confusion.
We have included “coordinated classes” with each class entry. The PTO has grouped the various international classifications into what it calls “coordinated classes.” The PTO considers these classes “related” for the purpose of trademark searching.
List of Classes001 - Chemicals 002 - Paints
003 - Cleaning Substances
004 - Industrial Oils
005 - Pharmaceuticals
006 - Common Metals
007 - Machines
008 - Hand Tools
009 - Computers and Scientific Devices
010 - Medical Supplies
011 - Appliances
012 - Vehicles
013 - Firearms
014 - Precious Metals
015 - Musical Instruments
016 - Paper Goods
017 - Rubber Products
018 - Leather Goods
019 - Building Materials
020 - Furniture
021 - Household Utensils
022 - Ropes and Textile Products
023 - Yarns and Threads
024 - Textiles
025 - Clothing
026 - Lace and Embroidery
027 - Carpets
028 - Games and Sporting Goods
029 - Meat, Fish, Poultry
030 - Coffee, Flour, Rice
031 - Grains, Agriculture
032 - Beers and Beverages
033 - Alcoholic Beverages
034 - Tobacco Products
035 - Advertising and Business Services
036 - Insurance and Finance Services
037 - Construction and Repair Services
038 - Telecommunications Services
039 - Shipping and Travel Services
040 - Material Treatment Services
041 - Education and Entertainment Services
042 - Science and Technology Services
043 - Food Services
044 - Medical and Vet Services
045 - Legal and Security Services