I'll Stay Classy If You Tell Me About Trademark Classes

    Part of a trademark application that gets filed with the United States Patent and Trademark office includes identifying the class or classes that the trademark should fall under. For example, say you sell makeup, clothes, and teach runway model walking. You may be using your standard word mark “Flawless For Life” for all three of three of these facets of your business. And, you don’t want to only be protected in one class.    

    For example, say you ended up applying for a trademark in one class for make up and successfully have your mark registered. Someone else in another state also named Flawless For Life, who sells clothes, is applying to secure their mark. They may be successful and get this mark. Whether or not we are currently using the mark in commerce or intend to use it, if we don’t choose the correct class for our mark or decide to only pick one class (when we clearly have a business falling into three), we may not have protection for the classes not filed for. Note however, that if you only need to file your mark in one class, then one class is fine. Moreover, the class description should reflect your brand (this is what we are here for).

   There are 45 classes under the “Nice Agreement” called the International Classification of Goods and Services. Most jurisdictions including the United States use this categorization system. 1-34 are goods and 35-45 are the services. Here they are:

GOODS

Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art

Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices

Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

Class 5 Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6 Common metals and their alloys, ores; metal building materials for building and construction; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal;metal containers for storage or transport; safes;; ores

Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines

Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus

Class 10 Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

Class 12 Vehicles; apparatus for locomotion by land, air or water

Class 13 Firearms; ammunition and projectiles; explosives; fireworks

Class 14 Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments

Class 15 Musical instruments

Class 16 Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching materials (except apparatus); plastic materials forsheets, films and bags for wrapping and packaging; printers’ type,; printing blocks

Class 17 Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal

Class 18 Leather and imitations of leather; animal skins, and hides; trunks and travellingluggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals

Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

Class 20 Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; yellow amber

Class 21 Household or kitchen utensils and containers; combs and sponges; brushes, (except paintbrushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass, (except building glass used in building); glassware, porcelain and earthenware

Class 22 Ropes and string; nets; tents, awnings, and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, (except of paper, cardboard, rubber or plastics); raw fibrous textile materials and substitutes therefor

Class 23 Yarns and threads, for textile use

Class 24 Textiles and substitutes for textiles; bed covers; table covershousehold linen; curtains of textile or plastic

Class 25 Clothing, footwear, headgear

Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair

Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28 Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees

Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats

Class 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice

Class 31 Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt

Class 32 Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beers)

Class 34 Tobacco; smokers’ articles; matches

SERVICES

Class 35 Advertising; business management; business administration; office functions

Class 36 Insurance; financial affairs; monetary affairs; real estate affairs

Class 37 Building construction; repair; installation services

Class 38 Telecommunications

Class 39 Transport; packaging and storage of goods; travel arrangement

Class 40 Treatment of materials

Class 41 Education; providing of training; entertainment; sporting and cultural activities

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software

Class 43 Services for providing food and drink; temporary accommodation

Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

Class 45 Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals

From: https://en.wikipedia.org/wiki/International_(Nice)_Classification_of_Goods_and_Services

   At Rational Unicorn Legal Services we care about trademark classes and believe that you should also stay classy whenever and wherever possible. Contact us today for a no-cost, 30 minute consult: www.rationalunicornlegalservices.com/connect

Michael Jonas