Trademark Class 8 includes mainly hand-operated implements used as tools in the respective professions. Class 8 is one of 45 classes used by the U.S. Patent and Trademark Office (PTO) when grouping products or services for registration.
The Trademark 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 PTO's trademark database.
For more information on trademark law and federal registration, see Nolo's articles on Trademark.
Examples of Trademark Class 8
There are many potential marks that could fall under Class 8. Some useful examples include: GAFFGUN (gaffer’s tape dispensers), BLACK and DECKER (adjustable wrench), TRAUMAHAWK (hatchets), and THE MULE CADDY (tool holders).
You would choose Class 8 if you were registering cutlery of precious metals, electric razors, or hedge clippers (hand instruments). For a complete listing of all goods in Class 8, see below.
You would not use Class 8 if you were registering:
Related or "Coordinated" Classes
If you are not sure whether you should register in Class 8, you might also consider the following “coordinated” classes: Class 7 - Machines, Class 21 - Household Utensils, Class 35 - Advertising and Business Services, Class 37 - Construction and Repair Services, Class 40 - Material Treatment Services, Class 42 - Science and Technology Services, Class 45 - Legal and Security Services.
A coordinated class is one that is related to another class, usually because the USPTO has determined that applicants filing within Class 8 often file in the coordinated classes, too.
Specimens for Trademark Class 8
If the mark is 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 8 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 affixing. 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 8 goods is an acceptable specimen.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 8 Based on Taxonomy
- Hygienic and beauty implements for humans and animals, emery files, eyelash curlers, farriers' knives, flat irons, hand implements for hair curling.
- Hair styling appliances, crimping irons, curling tongs, body art tools, ear-piercing apparatus, apparatus for tattooing.
- Manicure and pedicure tools, cuticle tweezers/cuticle nippers, fingernail polishers, electric or non-electric/nail buffers, electric or non-electric, manicure sets, manicure sets, electric, nail files, nail extractors, nail clippers, electric or non-electric, nail nippers, nail drawers [hand tools], nail files, electric, needle files, pedicure sets.
- Hair cutting and removal implements, beard clippers, depilation appliances, electric and non-electric, hair clippers for personal use, electric and non-electric, hair-removing tweezers, Razors, razor cases, razor blades, razors, electric or non-electric, shaving cases.
- Edged and blunt weapons, bayonets, blades [weapons], daggers, harpoons, harpoons for fishing, punch rings [knuckle dusters]/knuckle dusters, sabres, side arms, other than firearms, sword scabbards, swords, truncheons/bludgeons/police batons.
- Food preparation implements, kitchen knives and cutlery, cheese slicers, non-electric, choppers [knives], cutlery*, implements for decanting liquids [hand tools], egg slicers, non-electric, forks, ladles [hand tools], ladles for wine, mincing knives [hand tools]/fleshing knives [hand tools]/meat choppers [hand tools], nutcrackers, oyster openers, paring knives, pizza cutters, non-electric, rammers [hand tools]/pestles for pounding, scaling knives, silver plate [knives, forks and spoons], spoons*, sugar tongs, table cutlery [knives, forks and spoons]/tableware [knives, forks and spoons], table forks, vegetable choppers, vegetable slicers/vegetable knives/vegetable shredders.
- Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance, can openers, non-electric/tin openers, non-electric, cutters*, goffering irons, hand tools, hand-operated, hand pumps*, ice picks, irons [non-electric hand tools], knives*, machetes, money scoops, needle-threaders, palette knives, paring irons [hand tools], penknives, priming irons [hand tools], ratchets [hand tools], scissors*, shear blades, shearers [hand instruments], shears, instruments for punching tickets, tool belts [holders], tweezers, wick trimmers [scissors].
- Animal slaughtering and butchering implements, cattle stunning appliances/cattle stunning apparatus, hunting knives, instruments and tools for skinning animals, apparatus and instruments for skinning butcher's animals, apparatus and instruments for slaughtering butchers' animals.
- Agricultural, gardening and landscaping tools, agricultural implements, hand-operated, border shears, budding knives, diggers [hand tools], ditchers [hand tools], earth rammers [hand tools], fruit pickers [hand tools], garden tools, hand-operated, grafting tools [hand tools], hainault scythes, hoes [hand tools], insecticide vaporizers [hand tools]/insecticide atomizers [hand tools]/insecticide sprayers [hand tools], lawn clippers [hand instruments], livestock marking tools/cattle marking tools, mattocks, pickaxes, picks [hand tools], plant parasite killing apparatus/destructing apparatus for plant parasites, pruning knives, pruning scissors/secateurs, pruning shears, rakes [hand tools], rams [hand tools], sand trap rakes, scythe rings, scythes, shovels [hand tools], sickles, spades [hand tools], syringes for spraying insecticides, thistle extirpators [hand tools], tree pruners, trowels [gardening], weeding forks [hand tools].
- Fire tending implements, fire irons, fireplace bellows [hand tools], Hand tools for construction, repair and maintenance, awls, bits [parts of hand tools], braiders [hand tools], branding irons, caulking irons, centre punches [hand tools], crow bars, dies [hand tools]/screw stocks [hand tools]/screw-thread cutters [hand tools], engraving needles, expanders [hand tools], fish tapes [hand tools]/draw wires [hand tools], foundry ladles [hand tools], fullers [hand tools], fulling tools [hand tools], guns [hand tools], guns, hand-operated, for the extrusion of mastics, hackles [hand tools], lasts [shoemakers' hand tools], levers, marline spikes, mortars for pounding, numbering punches, pincers/nippers/tongs, pliers, polishing irons [glazing tools]/glazing irons, punch pliers [hand tools], punches [hand tools], spatulas [hand tools], squares [hand tools], stretchers for wire and metal bands [hand tools]/metal band stretchers [hand tools]/wire stretchers [hand tools], trowels, vices.
- Animal shearing implements, cattle shearers, hair clippers for animals [hand instruments], Hammers, mallets and sledgehammers, hammers [hand tools], mallets [hand instruments], masons' hammers, pickhammers/bushhammers, sledgehammers, stone hammers.
- Fastening and joining tools, annular screw plates, clamps for carpenters or coopers, riveters [hand tools], riveting hammers [hand tools], screwdrivers, spanners [hand tools]/wrenches [hand tools], tap wrenches.
- Cutting, drilling, grinding, sharpening and surface treatment hand tools, abrading instruments [hand instruments], adzes [tools], augers [hand tools], axes, bill-hooks, bits [hand tools], blade sharpening instruments, blades for planes, blades [hand tools], borers, bow saws, breast drills, carpenters' augers, chisels, cleavers, cutter bars, cutting bars, cutting tools [hand tools], drawing knives, drill holders [hand tools], drills, edge tools [hand tools], embossers [hand tools], emery grinding wheels, extension pieces for braces for screw taps, files [tools], frames for handsaws, gimlets [hand tools], glaziers' diamonds [parts of hand tools], gouges [hand tools], graving tools [hand tools], grindstones [hand tools]/sharpening wheels [hand tools], hand drills [hand tools], hatchets, holing axes/mortise axes, hollowing bits [parts of hand tools], hoop cutters [hand tools], jig-saws, leather strops, milling cutters [hand tools], mitre [miter (Am.)] boxes [hand tools], mortise chisels, moulding irons/molding irons, nail punches, perforating tools [hand tools], pin punches, plane irons, planes, rabbeting planes, rasps [hand tools], razor strops, reamer sockets, reamers, saw blades [parts of hand tools], saw holders, saws [hand tools], scrapers [hand tools], scraping tools [hand tools], scythe stones/whetstones, sharpening stones, sharpening steels/knife steels, sharpening instruments, stamping-out tools [hand tools]/stamps [hand tools], stropping instruments, taps [hand tools], tube cutters [hand tools], tube cutting instruments, whetstone holders, wire strippers [hand tools].
- Lifting Tools, lifting jacks, hand-operated lifters.