What Are Trademark Classes?

Trademark Classes

Individuals or businesses seeking to register a trademark must file a trademark application in the appropriate class. The United States Patent and Trademark Office offers 45 trademark classes, 34 for products and 11 for services. The classification system assists the USPTO in administering the vast number of trademarks under its jurisdiction. Some similar logos or phrases may be registered as separate trademarks in different classes. This implies that they can coexist without competing because consumers will not be confused.

Disputed Marks within a Class

If a trademark already exists in the same class that is very similar to the mark in the application, and the products or services associated with each trademark are also very similar, the USPTO may be hesitant to approve the application. This means that both entities will market comparable products or services to the same consumer base. Because this could lead to future legal issues, the USPTO frequently denies protection to the newer mark to avoid these issues.

Choosing the Correct Class

Classes may appear to overlap at times. Products or services may be made up of several different components, each of which may fall into a different category. The owner of a trademark should determine which class definition best fits their overall product or service.

If you are breaking new ground in your industry and your product or service is unique, you should file trademark applications in multiple classes. Because trademark classes are designed for more traditional types of businesses, many internet-based business owners face this quandary.