Trademark Classes in US

The USPTO (U.S. Patent and Trademark Office) categorises marks into 45 trademark classes – 34 for goods and 11 for services. This class is also known as international class since it is determined by international agreement. It helps the USPTO organizes the thousands of marks registered each year. The trademark owner must choose the appropriate class for their mark to simplify the US trademark registration process and potential infringement issues. This article provides detailed information regarding trademark classes in US and how to select the right one.

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What is a Trademark?

A trademark is a legally protected symbol, word, phrase, logo, design, or combination thereof that distinguishes and identifies the source of goods or services from those of others. It serves as a unique identifier, helping consumers to recognize and differentiate products or services in the marketplace. Trademarks not only safeguard a company’s brand identity but also provide exclusive rights to use the mark in commerce, allowing the owner to prevent unauthorized use by competitors, thereby maintaining brand integrity and consumer trust.

What is Trademark Class in US?

The United States Patent and Trademark Office (USPTO) categorises trademarks into 45 classes to organise applications, determine fees, and simplify trademark searches. These classes cover specific goods or service types, with classes 1-34 for products and 35-45 for services. For instance, class 1 might include chemicals, while class 41 could encompass educational services. When filing a trademark application, you’ll need to identify the relevant class(es) that accurately represent the goods or services your trademark applies to.

Why are Trademark Classes Important?

The following reasons signify the importance of trademark classes in US.

Streamlined Registration Process: Classifying your trademark accurately facilitates a smoother application process with the USPTO.
Accurate Search Results: When conducting trademark searches, specifying the relevant class ensures you identify potential conflicts with existing trademarks in the same category.
Reduced Risk of Rejection: Filing for the correct class minimises the chance of your application being rejected due to improper categorisation.
Fees and Protection Scope: Trademark filing fees can vary depending on the number of classes you select. Additionally, the scope of protection your trademark enjoys is partially determined by the class it falls under.
International Considerations: Trademark classes are harmonized internationally under the Nice Agreement. This means similar classes exist in many countries, making global trademark registration easier. Understanding classes makes navigating international filings smoother.

List of Trademark Classes in US

Here are the 45 trademark classes in the US, broken down into Goods (34 classes) and Services (11 Classes).

Goods (1-34 Classes)

Class 1 – Chemicals
Class 2 – Paints
Class 3 – Cosmetics and cleaning preparations
Class 4 – Lubricants and fuels
Class 5 – Pharmaceuticals
Class 6 – Metal goods
Class 7 – Machinery
Class 8 – Hand tools
Class 9 – Electrical and scientific apparatus
Class 10 – Medical Apparatus
Class 11 – Environmental control apparatus
Class 12 – Vehicles
Class 13 – Firearms
Class 14 – Jewelry
Class 15 – Musical instruments
Class 16 – Paper goods and printed matter
Class 17 – Rubber goods
Class 18 – Leather goods
Class 19 – Non-metallic building materials
Class 20 – Furniture and articles not otherwise classified
Class 21 – Housewares and glass
Class 22 – Cordage and fibres
Class 23 – Yarns and threads
Class 24 – Fabrics
Class 25 – Clothing
Class 26 – Fancy good
Class 27 – Floor coverings
Class 28 – Toys and sporting goods
Class 29 – Meats and processed foods
Class 30 – Staple foods
Class 31 – Natural agricultural products
Class 32 – Light beverages
Class 33 – Wines and spirits
Class 34 – Smokers’ articles

Services (35-45 Classes)

Class 35 – Advertising and business
Class 36 – Insurance and financial
Class 37 – Building construction and repair
Class 38 – Telecommunications
Class 39 – Transportation and storage
Class 40 – Treatment of materials
Class 41 – Education and Entertainment
Class 42 – Computer and scientific
Class 43 – Hotels and restaurants
Class 44 – Medical, beauty and agricultural
Class 45 – Personal and legal

Referred USPTO for the above trademark classes

Before selecting the right trademark class, search your mark in the USPTO trademark system to ensure it is not registered by someone else.

How to Select the Right Trademark Class in US?

Selecting the appropriate trademark class(es) in the United States Patent and Trademark Office (USPTO) system is a critical step in the registration process. Here’s a structured approach to ensure accurate classification:

Identify the Core Function of Your Brand: Determine whether your brand represents a tangible product (good) or an intangible service. This forms the foundation for selecting the appropriate class category (Classes 1-34 for goods, Classes 35-45 for services).
Consider All Related Goods or Services: Plan out your brand’s full scope of products or services. You can file for multiple classes if your brand applies to a wider range of goods and services. For example, a brand encompassing athletic footwear and apparel would likely require filing in Class 25 (Clothing, Footwear, and Headwear) and Class 41 (Education and Entertainment Services) if it sponsors athletic events.
Utilise the USPTO Trademark Classification Guide: The USPTO Trademark Classification Guide provides detailed descriptions of each class and examples of goods and services that fall under each category. This resource is a useful tool for understanding the scope of each class and selecting the most appropriate one(s) for your brand.
Review Class Definitions: Carefully examine the official USPTO definitions for each class you’re considering. This ensures your chosen class accurately reflects the nature of your brand’s goods or services. Ambiguity in classification can lead to registration delays or even rejections.
Seek Professional Guidance: A trademark attorney possesses invaluable expertise in navigating the USPTO system, including class selection. Their knowledge can be particularly beneficial for complex brands encompassing diverse products or services or those operating in niche markets.

Get help from the IndiaFilings’ US trademark registration experts.

Note: Choosing the wrong trademark class can delay the registration process and pose a risk of infringement.

What is the Trademark ID Manual in US? – A Brief Introduction

The Trademark ID Manual (TMID) in the US is a searchable database maintained by the USPTO. It offers a list of pre-approved descriptions (identifications) for goods and services that can be used in trademark applications. While it doesn’t determine the trademark class itself, the TMID is a valuable resource for finding accurate descriptions within your chosen class, ensuring your application clearly defines the scope of protection your trademark seeks.

Use the following resources after you select the appropriate trademark class and find the accurate description:

Conclusion

Understanding trademark classes in the US is essential for a smooth US trademark registration process. The USPTO categorises trademarks into 45 classes to organise applications, search for conflicts, and determine fees. Selecting the right class for your specific goods or services is crucial to avoid delays, rejections, and potential infringement issues. This article provides a comprehensive overview of US trademark classes and how to choose the appropriate one for your brand.

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