Trademark Class 45: Legal and Security Services

The U.S. Patent and Trademark Office (USPTO)—the federal agency that oversees the registration and management 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.

For example, no reasonable consumer would be confused into thinking that a security company called "Protector" was the same as a company by the same name that creates dental retainers and mouth guards. These different classes of goods do not compete with one another.

Class 45 includes security services (namely for the protection of property and individuals), and other related personal, legal, and social services. For a complete listing of all goods in Class 45, see below.

For more information about trademarks and federal registration, see Nolo's articles about Trademark Law.

Examples of Trademarks in Class 45

Consider ROSELLE POLICE (police and civil protection services), SOS ALARM (security system installation), LITTLER (legal services), and ANSWER MAN (legal services), all of which are good examples of Class 45 trademarks.

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 Financial Services)
• escorting of travelers (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 Veterinary Services).

Related or Coordinated Trademark Classes

If you are unsure 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, or Class 44 - Medical and Veterinary Services.

A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 45 often file in the coordinated classes, too.

Registration Fees Based on Number of Classes

Your first instinct might be to register your mark in all 45 classes, or at least in all coordinated classes. Not only would the PTO probably reject such an approach, but registration fees increase depending on the number of classes you register.

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.

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 (such as security or legal services), you obviously 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.

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.

Improper Class 45 Specimens

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, and
• 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 specimens are also unacceptable. 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.

Complete Listing of All Goods in Class 45

• 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].