45 Reasons To Know Your Trade Mark Classes
Trade mark applications are made up of systemised and intricate steps. Here is a guide to understand the process.
Trade marks are a valuable asset to business owners. It pays to know that the trade mark application process is complex, made up of systemised and intricate steps. In order to file a trade mark you need to have two essential pieces of information sorted: the name of your trade mark and the goods and/or services of your business. The goods and services are classified into 45 classes for you to choose from. Classes 1-34 covers products, whilst classes 35-45 covers services.
The classification of the goods and services allows the trade mark examiner to search for similar registered trade marks. This includes looking at similar goods and/or services that may conflict with the goods/services claimed in your trademark application.
What you may not realise is that many goods and services are considered to be “closely related”. Often retailing of goods in class 35 is considered to be closely related to a claim of that product. For example, the retailing of clothing in class 35 is closely related to clothing in class 25. Not understanding the complex nature of the class list often leads to anger and confusion, when it may been easier to have had trademark specialist refine your claim at the outset.
What does this mean for you? It means that you cannot simply apply for a trademark without clearly specifying which goods and/or services you want to claim in your trademark application.
Although it seems like a good idea to have as many trademarks as possible, it is pointless having a trademark registration in a class that you aren’t trading in. Trademark registration affords protection over use of the name for 10 years, but if you’re not using your trademark, on the goods and/or services claimed, you could be liable to an action for non-use. This may result in your trademark being removed from the register. But if you have a new business or are expanding, then it is time to lodge a new trademark application. If you lodge a trademark application with DC Strategy, I can help you with an initial trademark strategy. Because trademark registrations last for 10 years, you can future proof your trademark to cover goods or services that you intend on trading in and then continue with the rest of your business planning and (world) expansion.