The U.S. Patent and Trademark Office (PTO), the federal agency that oversees the registration of federal trademarks, divides marks into 45 different "classes" of products or 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. Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain.
For a complete listing of all goods in Class 21, see below. For more information about trademarks and federal registration, see Nolo's articles on Trademark law.
Examples of Trademarks in Class 21
Examples of Class 21 trademarks include MRS. PICKY (wine glasses) BRUSH CADDY (brushes for golf equipment), and TIP N SPRAY (empty spray bottles).
You would choose Class 21 if you were registering any of these types of goods:
- Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes)
- brush-making materials; articles for cleaning purposes
- unworked or semi-worked glass (except glass used in building)
- glassware, porcelain and earthenware not included in other classes
- apparatus for mincing, grinding, pressing, and s on
- electric combs
- electric toothbrushes, or
- dish stands and decanter stands.
You would not use Class 21 if you were registering:
- cleaning preparations, soaps, etc. (Class 3 - Cleaning Substances)
- small apparatus for mincing, grinding, pressing, etc., driven by electricity (Class 7 - Machines)
- razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Class 8 - Hand Tools)
- cooking utensils, electric (Class 11 - Appliances), or
- toilet mirrors (Class 20 - Furniture).
Related or Coordinated Classes
If you are not sure whether you should register in Class 21, you might also consider the following "coordinated" classes: Class 3 - Cleaning Substances, Class 8 - Hand Tools, Class 20 - Furniture, Class 35 - Advertising and Business Services, ,Class 42 - Science and Technology Services, and Class 44 - Medical and Vet Services.
A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 21 often file in the coordinated classes, too.
Your registration fees are also based on the trademark 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 PTO's trademark database.
Supplying Specimens for Class 21
If you are registering a mark that is currently being used in commerce, you must furnish a specimen of the mark as consumers see it. The specimen must show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. A photocopy or other reproduction of a specimen of the mark as actually used on or in connection with the goods is acceptable.
In most cases, where the trademark is applied to the goods or the containers for the goods in Class 21 by means of labels, a label is an acceptable specimen. Shipping or mailing labels may be accepted if they are affixed to the goods or to the containers for the goods and if proper trademark usage is shown. They are not acceptable if the mark as shown is merely used as a trade name and not as a trademark. An example of this is the use of the term solely as a return address.
Stamping a trademark on the goods, on the container, or on tags or labels attached to the goods or containers, is a proper method of trademark affixation. The trademark may be imprinted in the body of the goods, as with metal stamping; it may be applied by a rubber stamp; or it may be inked on by using a stencil or template. When a trademark is used in this manner, photographs or facsimiles showing the actual stamping or stenciling are acceptable as specimens.
The terminology "applied to the containers for the goods" means applied to any type of commercial packaging that is normal for the particular goods as they move in trade. Thus, a showing of the trademark on the normal commercial package for the particular Class 21 goods is an acceptable specimen. For example, gasoline pumps are considered normal containers or "packaging" for gasoline.
A specimen showing use of the trademark on a vehicle in which the goods are marketed to the relevant purchasers may constitute use of the mark on a container for the goods, if this is the normal mode of use of a mark for the particular goods.
Complete Listing of All Goods in Class 21 Based on Taxonomy
- Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class, busts of porcelain, ceramic, earthenware or glass, china ornaments, figurines [statuettes] of porcelain, ceramic, earthenware or glass/statuettes of porcelain, ceramic, earthenware or glass, majolica, piggy banks, signboards of porcelain or glass, statues of porcelain, ceramic, earthenware or glass, works of art of porcelain, ceramic, earthenware or glass.
- Unworked and semi-worked glass, not specified for use, enamelled glass, fiberglass other than for insulation or textile use/fiberglass other than for insulation or textile use, fiberglass thread, not for textile use/fiberglass thread, not for textile use, fused silica [semi-worked product], other than for building, glass, unworked or semi-worked, except building glass, glass wool other than for insulation, glass incorporating fine electrical conductors, glass for vehicle windows [semi-finished product], mosaics of glass, not for building, opal glass, opaline glass, plate glass [raw material], powdered glass for decoration, vitreous silica fibers [fibers], not for textile use.
- Gardening articles, flower pots, flower-pot covers, not of paper/covers, not of paper, for flower pots, gardening gloves, holders for flowers and plants [flower arranging], indoor terrariums [vivariums], indoor terrariums [plant cultivation], nozzles for sprinkler hose, nozzles for watering cans/roses for watering cans, sprinklers, syringes for watering flowers and plants/sprinklers for watering flowers and plants, vases, watering devices/sprinkling devices, watering cans, window-boxes.
- Cleaning materials, brooms, brush goods, material for brush-making, brushes, brushes for footwear, electric brushes, except parts of machines, brushes for cleaning tanks and containers, dishwashing brushes, hair for brushes, lamp-glass brushes, nail brushes, pig bristles, scrubbing brushes, tar-brushes, long handled, toilet brushes.
- Tableware, cookware and containers, aerosol dispensers, not for medical purposes, autoclaves [pressure cookers], non-electric/pressure cookers [autoclaves], non-electric, baking mats, baskets for domestic use, basting spoons, for kitchen use, beaters, non-electric, heat insulated containers for beverages, blenders, non-electric, for household purposes, bottles, boxes of glass, bread boards, bread bins, bread baskets, domestic, butter dishes, butter-dish covers, cabarets [trays], cake molds [moulds], candelabra [candlesticks]/candlesticks, candle rings, candle extinguishers, candy boxes/boxes for sweetmeats, cauldrons, ceramics for household purposes, cheese-dish covers, chopsticks, closures for pot lids, coasters, not of paper and other than table linen, coffee grinders, hand-operated, coffee percolators, non-electric, coffee filters, non-electric, coffee services [tableware], coffeepots, non-electric, non-electric portable coldboxes/non-electric portable coolers (Am.), confectioners' decorating bags [pastry bags], containers for household or kitchen use, cookery molds [moulds], cookie jars, cookie [biscuit] cutters, cooking utensils, non-electric, cooking pot sets, cooking pots, cooking skewers of metal/cooking pins of metal, cruet sets for oil and vinegar, cruets, crystal [glassware], cups of paper or plastic, cups, cutting boards for the kitchen, deep fryers, non-electric, demijohns/carboys, dish covers/covers for dishes, dishes, disposable table plates, earthenware/crockery, egg cups, epergnes, food cooling devices containing heat exchange fluids, for household purposes, fruit cups, fruit presses, non-electric, for household purposes, frying pans, funnels, garlic presses [kitchen utensils], glass bulbs [receptacles]/glass vials [receptacles], glass flasks [containers], glass jars [carboys], glass [receptacles], glass stoppers/glass caps, glass bowls, painted glassware, glue-pots, graters [household utensils], grill supports/gridiron supports, grills [cooking utensils]/griddles [cooking utensils], heat-insulated containers, heaters for feeding bottles, non-electric, hot pots, not electrically heated, ice cube molds [moulds]/ice cube molds/ice cube moulds, insulating flasks/vacuum bottles, isothermic bags, kettles, non-electric, kitchen containers, kitchen utensils, knife rests for the table, lazy susans, lunch boxes, menu card holders, mess-tins, mills for domestic purposes, hand-operated, mixing machines, non-electric, for household purposes/domestic grinders, non-electric/kitchen mixers, non-electric, mixing spoons [kitchen utensils], moulds [kitchen utensils]/molds [kitchen utensils], mugs, napkin rings, napkin holders, noodle machines, hand-operated, paper plates, pastry cutters, pepper mills, hand-operated, pepper pots, fitted picnic baskets, including dishes, pie servers/tart scoops, plates to prevent milk boiling over, porcelain ware, pot lids, pots, pottery, refrigerating bottles, rolling pins, domestic, salad bowls, salt cellars/salt shakers, earthenware saucepans, saucers, scoops [tableware], services [dishes], sieves [household utensils], sifters [household utensils], soup bowls, spatulas [kitchen utensils], spice sets, spouts, stew-pans, strainers, strainers for household purposes, sugar bowls, table plates, tableware, other than knives, forks and spoons, tea strainers, tea cosies, tea services [tableware], tea infusers/tea balls, tea caddies, teapots, thermally insulated containers for food, toothpick holders, trays for domestic purposes, of paper, trays for domestic purposes, trivets [table utensils], urns, utensils for household purposes, vegetable dishes, vessels of metal for making ices and iced drinks, waffle irons, non-electric, whisks, non-electric, for household purposes.
- Glasses, drinking vessels and barware, beer mugs, bottle openers, cocktail stirrers, corkscrews, decanters, drinking glasses, drinking vessels, drinking flasks for travellers/bottle gourds, flasks, drinking horns, ice buckets/coolers [ice pails]/ice pails, jugs/pitchers, liqueur sets, mixers, manual [cocktail shakers]/shakers, pipettes [wine-tasters]/wine tasters [siphons], siphons for carbonated water, straws for drinking/drinking straws, tankards.
- Cleaning articles, abrasive pads for kitchen purposes, basins [receptacles], bowls [basins]/basins [bowls], buckets/pails, carpet beaters [hand instruments]/carpet beaters, not being machines, carpet sweepers, chamois leather for cleaning/buckskin for cleaning/skins of chamois for cleaning, cinder sifters [household utensils], rags [cloth] for cleaning/cloths for cleaning/rags for cleaning, cleaning tow, cleaning instruments, hand-operated, cloth for washing floors, cotton waste for cleaning, crumb trays, dusting cloths [rags], dusting apparatus, non-electric, buckets made of woven fabrics, feather-dusters, furniture dusters, gloves for household purposes, litter boxes [trays] for pets/litter trays for pets, mop wringers, mops, plungers for clearing blocked drains, polishing leather, polishing apparatus and machines, for household purposes, non-electric, polishing materials for making shiny, except preparations, paper and stone, polishing gloves, saucepan scourers of metal, scoring pads/pads for cleaning, smoke absorbers for household purposes, sponges for household purposes, steel wool for cleaning, toilet sponges, washing boards, washtubs, apparatus for wax-polishing, non-electric, wool waste for cleaning.
- Air fragrancing apparatus, perfume burners.
- Dustbins, dustbins/garbage cans/refuse bins/trash cans, waste paper baskets.
- Cosmetic and toilet utensils and bathroom articles, abrasive sponges for scrubbing the skin, baby baths, portable, boxes for dispensing paper towels, chamber pots, comb cases, combs, large-toothed combs for the hair, electric combs, cosmetic utensils, deodorizing apparatus for personal use, eyebrow brushes, make-up removing appliances, perfume vaporizers/perfume sprayers, powder puffs, powder compacts, shaving brushes, shaving brush stands/stands for shaving brushes, soap holders/dishes for soap, soap boxes, soap dispensers, sponge holders, toilet cases/fitted vanity cases, toilet paper dispensers, toilet paper holders, toilet utensils, towel rails and rings/rails and rings for towels.
- Dental cleaning articles, floss for dental purposes, toothbrushes, toothbrushes, electric, toothpicks, water apparatus for cleaning teeth and gums.
- Articles for animals, bird baths, birdcages, animal bristles [brushware], cages for household pets, combs for animals, currycombs, drinking troughs, feeding troughs, horse brushes, mangers for animals, nest eggs, artificial, poultry rings, rings for birds, Aquaria and vivaria, aquarium hoods, indoor aquaria/tanks [indoor aquaria].
- Devices for pest and vermin control, electric devices for attracting and killing insects, fly swatters/fly catchers [traps or whisks], insect traps, mouse traps, rat traps.
- Articles for clothing and footwear, boot jacks, boot trees [stretchers], buttonhooks, clothes racks, for drying, clothes-pegs/clothes-pins, clothing stretchers/stretchers for clothing, drying racks for washing, flat-iron stands, glove stretchers, ironing board covers, shaped, ironing boards, shoe horns, shoe trees [stretchers], tie presses, trouser presses, wax-polishing appliances, non-electric, for shoes.