Trademarks: Declassified

When filing a trademark application, you are required to identify the class (or classes) of goods or services associated with your trademark. Used by most countries, including the United States, The International Trademark Classification System lists trademarks into forty-five (45) broad categories of goods and services, with each category having defined subcategories.

These trademark classifications differentiate products and brands. When registering a trademark, the application should be associated with its proper classification. If you attempt to register a trademark in the wrong classification, the United States Patent and Trademark Office (USPTO) will deny the application. For instance, suppose an applicant has a product associated with Hand Tools (class 8) and registers the trademark under Construction and Repair Services (class 37). The USPTO may deny the application because the product does not relate to the selected classification. 

Moreover, the USPTO may reject your application if you attempt to register a trademark with the same or similar name in the same classification. For example, if you want to register a clothing brand name called “Pacer” in the Clothing category (class 25) but there is already a similarly named clothing brand in that class, the USPTO may not approve your application.

For the best chance of success with the USPTO, avoid common mistakes and pitfalls by doing the following:

• Consult with or retain a trademark attorney prior to filing your trademark application
• Conduct a thorough trademark search
• Search the Trademark ID Manual prior to filing your trademark application
• Register the trademark with the correct classification(s)
• Do not make assumptions regarding similar trademarks or competing brands

List of 45 International Classifications

Class 1 – Chemicals

Class 2 – Paints

Class 3 – Cleaning Substances

Class 4 – Industrial Oils

Class 5 – Pharmaceuticals

Class 6 – Common Metals

Class 7 – Machines

Class 8 – Hand Tools

Class 9 – Computers and Scientific Devices

Class 10 – Medical Supplies

Class 11 – Appliances

Class 12 – Vehicles

Class 13 – Firearms

Class 14 – Precious Metals

Class 15 – Musical Instruments

Class 16 – Paper Goods

Class 17 – Rubber Products

Class 18 – Leather Goods

Class 19 – Building Materials

Class 20 – Furniture

Class 21 – Household Utensils

Class 22 – Ropes and Textile Products

Class 23 – Yarns and Threads

Class 24 – Textiles

Class 25 – Clothing

Class 26 – Lace and Embroidery

Class 27 – Carpets

Class 28 – Games and Sporting Goods

Class 29 – Meat, Fish, Poultry

Class 30 – Coffee, Flour, Rice

Class 31 – Grains, Agriculture

Class 32 – Beers and Beverages

Class 33 – Alcoholic Beverages

Class 34 – Tobacco Products

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

Class 45 – Legal and Security Services

Disclaimer: This blog is not intended to be a substitute for legal advice or instruction.  Every legal question calls for a different legal answer, and the above might not be applicable to your situation.  Contact IPS Legal Group, P.A. today to discuss your trademark needs.