When you file an application for a trademark, you are required to select the trademark class, or classes, in which your particular product or service belongs. This might lead you to wonder what a trademark class is and how it is you choose the correct trademark class for your particular product or service.
The United States Patent and Trademark Office (also known as the “USPTO”) utilizes something known as the “Nice Classification of Goods and Services”, which is a system created to classify goods and services for the purpose of registering trademarks. Each trademark class is assigned a number and makes up a certain type of products of services. The Nice Classification List (or “NCL” for short) consists of 34 goods and 11 services. For example, if your products were related to Clothing, footwear, headwear, you would file your trademark registration under Class 25. If your products were related to Vehicles; apparatus for locomotion by land, air or water, you would you’re your trademark registration under Class 12. If you provide legal services, you would file your trademark registration under Class 45.
Trademark Description
In addition to selecting the appropriate trademark class for your products and/or services, you will have to draft a complete description (identification) of the goods and services you will be providing. This description is very important because it is what the USPTO will use to compare your application to other trademark registration to determine whether there is a conflict. When describing the goods and services you want to sell or provide, it is helpful to use somewhat broad language, but not too broad. The reason for this is because you cannot broaden the identification after the application is filed. However, if the description is too narrow, you could give up valuable trademark protection. An attorney can assist you with drafting an accurate but broad description of your products and/or services.
A qualified trademark attorney like us can help you determine and advise you about which trademark classes to file for.
For more information on Trademark Classes please Contact Us.