How to Pick a Trademark Class | What Class Should You Select for Your Trademark Application?
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- เผยแพร่เมื่อ 15 ก.ค. 2024
- One of the most important decisions you must make is picking the class for your trademark application -- and it is the area where most do-it-yourself business owners make a big mistake. The "class" is the category of product or service that's associated with your brand or trademark -- but it is not that simple. You may sell many different types of products/services, and some can go in multiple classes.
In this video I share how to select your trademark class and give many examples. Here's a link to the database I'm using: tmidm.uspto.gov/id-master-lis...
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Want to work with me on your USPTO Trademark application?
I have a few spots in my schedule for new clients for Trademark Packages ($850 plus USPTO filing fees), where I will represent you & file your trademark with the United States Patent & Trademark Office.
This includes doing a trademark search, consulting about strategy, filing the application, and facilitating it through the trademark office process.
If you're interested, email me at elizabeth@elizabethpw.com and we can get started discussing if this is a good fit for you and next steps.
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00:00 Intro
00:09 What is a Trademark Class?
01:20 Overview of Trademark Classes
04:11 Examples of Selecting a Class
Also check out the other videos in the DIY Trademark Series:
• How to File Your Own T...
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Legal Disclosure: Elizabeth is licensed to practice in the state of California and before the United States Patent and Trademark Office. Information contained in this video is not legal advice - please seek advice of counsel. This video and description may contain attorney advertising.
Disclosure: My videos may contain reviews, recommendations, testimonials, or endorsements of other businesses, individuals, events, materials (such as books), products, services, or websites. I may receive affiliate percentages on sales; if so, it will say “affiliate link” after the link. I will clearly disclose if I have received a free product, free service, discount, or any other compensation related to a review.
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#trademarkclass #trademarks
Finding your channel was like finding a treasure. Thank you so much for these super informative, clear and concise videos!
Thank you - glad they were helpful to you!
Thank you! I am learning so much and your videos as the easiest to follow and I've come across of attorneys on youtube.
Great to hear!
Thank you very much Elizabeth! Very informative, practical and useful video!
Glad you think so!
WOW. It's all about a category and how to word it to cover your steps. You're amazing. Thank you.
welcome!!
Thank you! You made this so much simpler ! ❤
Thanks for this great information!!!!
MUCH NEEDED
Glad it was helpful!
This video was very helpful - thank you so much for sharing this information.
Glad it was helpful!
Liking and commenting for all of the videos. You are great!
I appreciate that!
And also thanks for your help!!
Thanks for the info‼️‼️‼️‼️
No problem 👍
Hi this Qamar zaman, Elizabeth thank you for your valuable insight into this complicated process I appreciate it.
I also watched your other videos very awesome.✅✅✅✅✅✅
You are very welcome
Thank you so much
Thank you for such a detailed video plus the way you show it in real time on the computer screen.
If i have a lot of goals with my business should i do a handful of classes at once or should i reapply later?
Thanks
I’d say think about starting with the ones you will launch first, like in the first year. Unless you have a big budget (then file as many as you intend to do)
Great video Elizabeth!! I’ve watched a couple of trademark related videos and a lot of them are just confusing and intimidating .Thanks for simplifying making it easy and personable 😅. My question is what category would a slogan/catchphrase be in for online monetized content?Thanks in advance for your help!!❤
Look at what is being monetized. So if you are teaching educational stuff via streaming video, I usually put that in class 41. But there are many ways to have online content.
THANK YOU !!!
Welcome!
Elizabeth thank you very much for this in valuable insight into this complicated process! I really appreciate it you've clarified some things for me in regard to trademarking my podcast! I do have one question though; so my podcast falls under several different variants of 041, do I have to list them separately or can I list them under just the 041 when filling out the form and put each one of the variance as a separate paragraph as I see on some of the other podcast that have been approved?
When you file the trademark application, you can have multiple sentences/variants under the same 041. When you do the application it will look like they are all being listed on their own lines, but they get combined in the database later.
Great job Elizabeth! We're starting an LLC in FL and would like to trademark our name and logo. We will publish and sell books via retail stores and on the web. What class would that be? For the record, you are the most informed person on TH-cam on this subject. Thanks for all the info!
publishing the books of others would probably be "041: Book publishing"
Looks like I have to create my own based on what I just heard you say.
I’d recommend looking at the trademarks of other companies in your industry who also have cosmetic apparatuses
@@ElizabethPW thanks so much for this answer. You provide a great service! Very cool you respond!
Hello Liz & thank you for all of the info. Please share which class/entity do I choose for a non-profit organization? Thanks so much!
You have to look at what is the product/service offered, in commerce. So what does the non-profit provide its clients, for example
Another fantastic video! If you are filing in one class (service) and know you will have a product later on but don't have it yet, should you file for the product at the same time or only the service that exists now. Thank you!
You can go either way. But if you are not going to launch the products soon, then you'd be filing "intent to use" on that class and it will not issue (be final) until you make a sale -- if it will be a while that will be a delay in your trademark application or other fees to split them. You could also file two separate applications, one for each class, and then you don't have to split later (two separate one-class applications vs one two-class application = the same fee).
@@ElizabethPW can i use same brand picture and name if i apply to add different class again?
Elizabeth, your content is amazing and EXTREMELY helpful!
For my business, its going to be somewhat of an online scrapbook/journal/memory but with a facebook shareable feel. Im confused as to which class I should pick. None of the classes (9, 35, 38, 41, 42) fits EXACTLY what my business is trying to do. Is it better to over "select" or "under select" and can trademarks be modified once they are filed and approved?
Well if you pick many classes then you have to pay $250 per class, so that ads up. Think about what you will submit as the specimen for each class -- that is what must match up to the class. You can't modify the trademark after applying usually, but if the examiner has a problem with the class they will tell you what class to move it to instead
Another great video Elizabeth! Always helpful information! I have a question. I'm wanting to trademark a logo I will start out selling on T-shirts but may also put on other products like coffee mugs, phone cases, etc. I know I can start out with class 25 for the T-shirts but what would I do to branch out to the other products?
So if you end up wanting to branch out later, you can just do that (do a search to make sure it is not taken in that class!) and file a new trademark application for that class. You are not required to do that before selling in the new class, though
Hello! I just found your channel and am grateful for your knowledge and clarity. I plan to continue watching through this playlist. I would love your input on which category you would recommend placing a cotton bread bag into. Class 21 or class 24?
I'd probably put it under something like "22: Canvas bags for storage of {indicate type of items stored, e.g., food, grain, etc.}" but it really depends on the use of the bags like it could be "21: Insulated food bags for {specify food item, e.g., sandwiches, salads, etc.}"
Thanks for your input! @@ElizabethPW
Tis was great! You have an amazing way of explaining! What class would a publishing company fall under?
Well it depends on what someone is publishing but for example, book publishing is class 041
@ElizabethPW Thank you for answering so quickly! That makes sense, I guess music publishing would be fall under a different class? I will be viewing your video when I do my research
Well music depends on how it is delivered -- downloadable mp3s and streaming are different classes
I’m soooo elated that I can across this video. Your channel is so helpful. I have a question, if I’m doing consulting for Budgeting (for individuals not businesses).. would I file my trademark under Class 36? and the class for Education? (since I’m educating them)? Or would my class be considered unique ($350 filing fee)?
Yes typically you'd have it under 36 - like there is one for "Financial advice, namely, budget planning" and there is one for "Financial advisory and consultancy services, namely, {indicate specific Class 36 activities, e.g., creating personalized strategies for achieving financial independence, etc.}" where you insert the type you are doing. You could also do education but I'd typically only do that if the person is has classes, seminars, events, etc
Wow this is an excellent presentation just came across your channel and had to subscribe immediately. Thank you for the information provided. I have few quetions if you could assist
1. Can one register a trade mark that is different from your business name say an LLC?
2. If one have different product line say like electronics & home appliances, apparel, non medical cosmetics do I have to file different classes of trade mark considering the fact that the products have the same brand name/logo?
Once again thanks for the video
1 - yes the trademark just needs to be some word/phrase/symbol etc that is being used to identify the source of the product or service (aka a brand name)
2 - if you want protection for the brand as being used on multiple types of products (where it is the brand on the tag/label), yes you'd put it in multiple classes.
@@ElizabethPW thanks I will work towards it accordingly thanks again
Hi Elizabeth, thanks so much for doing these videos, they are extremely helpful! I am curious for products that might fall into multiple categories like stickers that would be class 16, but if they were scratch and sniff stickers would they not be considered class 16 anymore if there is fragrance involved? Or if I am drawing designs that are printed on cardboard that would be class 16, but then the cardboard is scented to be an air freshener would it not be considered cardboard art for class 16 any longer?
In some cases, a modifier will put stuff in a different category (like "medical"). But it looks like scented stuff is still in the main category - for example, "Scented drawer liners of paper" and "Scented toilet paper" are still in class 16.
Excellent video series! What would be the correct category for a cloud based software company that licenses out a suite of medical technology applications to health care providers?
Software-as-a-service is usually in category 42 - "Software as a service (SAAS) services featuring software for ..." for example.
Your channel is a rare gem. Thank you so kindly for your time. My trademark was rejected once and I was supposed to appeal but the online company I used didn't follow up so I intend to research and get it right this time. I have a small business seasonings and spices business. I am trying to add home goods as in kitchen utensils, and home decor to it. I ask do intend to open a restaurant in the near future. What classifications do I file this under please. Do I need to file separately for the Logo and name? Kindly advise. Many thanks.
Yes typically you'd file a trademark application for the name separately from a logo/illustration. Home goods and home decor depends on the exact goods and what they are made of (metal stuff is different than fabric stuff). Kitchen utensils are in class 21 but you list the exact types, like "Household utensils, namely, kitchen tongs" etc. Restaurant is class 43.
Thank you so much! I've been watching the whole series. What class would put a distillery that distills liquor, mostly with botanicals (like gin)?
Depends on what you sell / how you monetize, but if you are selling the alcohol, then class 33 has distilled liquor
Hi Elizabeth, Thank you for such an informative video. In my case, I am launching portable household electronics (household appliances) and also thinking of using the same in Fitness equipment (ab roller and others) going forward. What classes do you think are best suitable for these? Thanks
You'd need to look it up for the specific electronics you are going to sell (toasters is different than mobile phones, for example). Fitness equipment is in class 28 but there you also list the specific types ("Physical fitness equipment, namely, {specify the type of equipment, e.g., exercise bands, training bars, etc.}")
Thank you so much for your video. I'm trying to find what will be the right class for Electronic DIY kits?
Hm it depends on what you are doing. Generally hobby/craft kits are in the class for what someone is making (a kit for making a clock, etc). Here's the rule for kits - www.bitlaw.com/source/tmep/1401_05_a.html
Hi there! Thanks so much for the helpful video and answering everyone’s questions. I want to start a business that initially sells textile-based home goods like pillows, tablecloths, etc but also sells bags for both storage and fashion and eventually lean more into clothing. I also am creating a blog for my business. Do I need to register it under homewares and clothing in addition to the blogging category? What about marketing? Thank you!
It does depend on your budget, because every additional numbered class is more money. But yes you could do under the various housewares, clothing, and bags. I'd only do blogging if that is monetized separately (not just by promoting/selling your own products).
Hi there! Do you have a video explaining the International v. U.S. Classes that are shown on the application? Thank you!
Ah that's an interesting question, I'll look at that!
Great video! Thank you. I need to trademark my marketing and advertising agency. We also offer creative services such as website design, logos, website development, and tradeshow designs. These are under class 042 and marketing under 035. Should I select both classes or should I create my own and include all my services? Thank you again
If you can use descriptions from idm-tmng.uspto.gov/id-master-list-public.html it is best because it is cheaper and also faster / easier to get approved.
Love your videos!! I have a question about trademarking e-commerce websites and blogs. I have seen some businesses combine their website that sells physical products/goods and also has a blog section. For example, an educational blog about construction that offers great tips on what equipment is best and then that same website has a shop section to purchase equipment/parts. Blogs are also great for affiliate marketing and I assume they are considered a service under class 41. Please correct me if I'm wrong. Is there a class that can combine the blog and online shop? Or would that be 2 separate classes & therefore 2 separate fees even though the 2 components are on the same website?
So first, you don't have to file in every class that you sell stuff or monetize. You can just file in one or two of them. But generally yes services and products are in separate categories. Sometimes we can put both in an educational category if the products are incidental to or part of the education service (like a workbook that goes with a class). Think about what is monetized (what is being sold / where money is made) and what is most important to the value of the business.
Thank you Elizabeth for the video. I am looking for multiple classes, podcasts, entertainment events, and merchandise. What class would I be looking for?
Well podcasts, events, and merch would be in at least three different classes. You have to search for more specific things, like in merch there are many classes -- t-shirts are different than tote bags, for example.
This was an amazing video. I am a makeup artist hairstylist, whos writing a book, with a podcast, public speaking, and servicing clients. I was thinking of classifying it as an online store.. Or should I pick 2 seperate classes for services and media?
It really depends on what the brand is. Is the brand a store, where you sell other people's stuff as well as your own, or is the brand the services, the products, etc. Think of it from the perspective of the customer/client, how do they see the brand.
Hi Elizabeth. Came across your channel yesterday. Great content! I'm selling gift sets which has ceramic products, candles, bags etc. Can i use class 035 and put it down as "Online retail store services featuring gift baskets"? And for the specimen can I just use the outer packaging box with my brand logo or does it need have the gift contents with logos? Thanks
So you need the specimen to match up with the class. If you pick class 35 or 45, it is a service so the specimen would usually be a screenshot of the store where the products are offered for sale. For gift basket classes (they are in many different classes because it depends upon the products inside the basket) then it would be a photo the product with a tag, label, or the packaging box. tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-900d1e636.html
Hello, I’ve been binge watching your videos lol I have a question I have a baked goods business (sole proprietor) but I also do party favors, do I have to include that? Also I just want to trademark my name I don’t care to much about the logo. Is that possible or would I have to trademark a logo along with the name. Last question sorry what class would baked goods fall under?
Thank you so much for your help. I’m gaining confidence in attempting this application through all your videos :-)
You don't have to include everything you sell. I'd not trademark the logo if it is not important. Go here idm-tmng.uspto.gov/id-master-list-public.html and search for baked goods
Hi elizabeth thank you so much for your helpful content. Any idea on what class "education in the field of NFTs (non-fungible tokens) and cryptocurrency" would be?
You could use the class 41 description of "Education services, namely, providing {indicate form of educational activity, e.g., classes, seminars, workshops} in the field of {indicate subject matter or field of educational activity}" where you'd enter in what you do (classes, etc.) in the first {} and then the field of non-fungible tokens and cryptocurrency in the section {} placeholder.
hi! thank you so much for your videos. we were able to trademark our business image pretty fast! question is if we wanted to trademark our business name can that be added to the application with the image trademark? and if yes how. or do we need to do a new application.
Generally you can't add to an application that you already filed. You would file a new application on the name
Question: Is it required for the company LLC address on file with the state to match the address we use for the trademark application? Thank you so much for your videos. They are extremely helpful
Hm I have never seen them checking to make sure all the addresses match up
Thanks for a simple to understand video. Quick question, if you attempt to trademark in 4 classes versus 2, does the fee go up?
Yep! The fee is *per class* so 4 classes is twice as much as 2
Thank you. That was really helpful for me as I’m starting a business. So I’m basically a gift set store but I started to brand the candle, lotion, etc I use. I think store would make more sense?
Think of it from the perspective of your customers -- do they think of your brand as associated with the store, the gift sets, or the individual products? Sometimes it is more than one, but probably one is primary. That's the one you pick. So yes it may be the store category, but may also be "gift sets" or "gift baskets."
@@ElizabethPW that’s helpful, thanks.
Hi Elizabeth ! Thank you for the videos. Here is my question : if I am trademarking a name for an online store on amazon , would I be able to register under online retail store? I would have different types of product under that brand.
That may be a good fit if the “brand” is the store. I have not tried that with an Amazon store so I can’t say for sure if the USPTO is ok with it
Hi! Great video. If I'm looking to register a trademark for some fitness equipment (class 28), but am hoping to offer more products further down the line, should I select something general like "sports equipment" or do I need to select more specific options?
You can do a general option in class 28 -- it depends on if it is in the trademark class ID database and also what other trademarks are similar
Hello, thank you so much for this video, I was wondering what class would emotional self care boxes containing things like a journal, journal prompts, bath salt/bombs, mindfulness activites, tea, and etc would be classified as?
Hm if a subscription box it could be "35: On-line retail store services featuring subscription boxes containing {indicate items featured, e.g., clothing, cosmetics, quilting supplies, etc." or could be "35: Retail store services featuring ..." Otherwise could register in the individual classes for journals, tea, etc.
Hi ElizabethI am super excited I came across your video, I hope you can help with this question. I am trying to trademark a name on my canvas tote bag ''The Nail Bag" however should I list it under 035 because I am selling it online or should I list it under 018?
If the brand is what is on the tag/label then usually you'd put it under the class for canvas tote bags. The store is usually more if you have a shop where you sell other company's goods
Hello, thanks good info! Towards the end you mentioned stores...what about a store through an online platform?
Specifically, I am looking to TM a brand. Not an actual logo at this time rather I want to register a name. We are launching multiple physical products all similar themed. In the area of educational aids/games (things you'd find at an after school program, or a home school)
Any thoughts?
One possible class is a service that's a store -- for example, there is a class 35: "On-line retail store services featuring {indicate field or type of goods}" that you might use.
Hi Elizabeth thank you for the information! If I file class 028 for card game.can I use it as toy also as it is same class#28?
You can use it for other things, yes. Well assuming no one else has it for for trademark class :)
hello , awesome information,! I do have a question , if I own an online store and my items include clothing ,stickers , tumblers and tote bags, should I register in class 22 and 35 only?
Most clothing is class 25. Most stickers are class 16. Tote bags are 18 and tumblers are class 21. That's a lot of $ to do all those categories, though! So you may want to just pick the one or two that are most important. Sometimes I have clients file as a store instead (class 35) ... but it really depends upon your products and branding, whether that makes sense.
Thank you! Your video was extremely informative. I have a cute unique name for my food truck / restuarant and also sell merchandise, like sweaters, shirts and hats. Would that require me to pay for more than one class?
Yes the clothing/hats is in one class, and the food truck/restaurant is in anther
Hello: thank you for your work, I’m following your channel … question, I’m an Amazon seller of garden and hydroponic products, what will be the best class for my trademark?
If you are branding the products (your brand is on the packaging/labels) then it is under the exact product category. So for example, 017: Garden hoses. Or 011: Garden lighting. Or, if the branding is the store (and other company's brands are on the products) then you may brand as a store such as 035: Retail store services featuring {indicate field of goods}
Dear Elizabeth, Great video and tons of good information. Thank you very much!!. I just started my shoes business and it's made with native fabric and genuine leather. My sales are online, and promptly in a store. Do I need it to pick one class or two classes? One for shoes and another for retail and online? Which Class and Term ID do I have to choose?. I'm building a website and I will not only sell shoes I will like to sell t-shirts, bags, and small items made with fabric to match the shoes. I don't want to invest much money if it's not need it. I'm a solopreneur. I appreciate your prompt response. Thank you again.💖
Depends on your budget, but think about whether your brand is the products (that could be sold by another business) or the store (where you sell other people's products)
Thank you for this video it has been very helpful. Actually all the videos you've done that I have seen has been very helpful. I have online business and I also do pop up shops. I sell non-medicated Handcrafted soaps, foaming body scrubs, and will expand later. I am wanting to trademark my business name/logo for the goods I sell. Would I do this the same way you explained in video?
For these goods would I classify under 03 Cosmetic to capture all my cosmetic line?
I plan to expand to candles later will I need to do another classification when I add this good?
Right the non-medicated cosmetics would go in the same 03 class. Yes candles are mostly in class 04. At that time you'll have to decide if it makes sense to apply for each additional category, based on your budget and the focus of your business.
@@ElizabethPW So do I select all that apply under classification 03? Also one more question for Standard characters, can this be my business name? My logo colors may change so I didnt want to lock me in to the colors in logo.
Hi Elizabeth, what cladding should I choose for my brand that is going to be haircare products? Not just heat protectant or hair sprays, but all kinds of hair related products. Thx!
Non-medicated hair products are in class 003. So you just look in idm-tmng.uspto.gov/id-master-list-public.html for the various types of products you will be selling and select them. You have to be a bit specific but you can include many items
great video! I am trying to register my brand and planning on selling household items like wall art, coasters, cups and kitchen items. Should I just put it under class 021? any help will be appreciated :)
Coasters and cups and such are under class 021. But wall art is put in the category of the physical substance (art made of paper is class 016, art made of metal is 014, etc.)
Elizabeth, thanks for the great information. Here's my question I intend on selling Digital Business Cards and I'm thinking 16. What do you think? Happy Holidays...
class 16 is a class that is physical products (like printed business cards). A digital business card needs to be in a class that has digital stuff - depending on whether it is downloaded or hosted online. It might be a service class, even, if you are actually providing a service or app that has digital business cards.
Hi Elizabeth, Thank you so much for the information! I wanted to know what the best Trademark class for protecting the name of a parent company that own various companies in different classes?
Congrats on having multiple companies!!
@@kyleb4327 I don’t have the multiple companies yet, but I do plan to scale my business in the future and want to avoid as many upcoming problems I can as possible. Thank you for the kinds words though
Hm to get a trademark, the name has to be used in conjunction with the sale of a product or service -- it is from the perspective of the customers/clients. Think about the parent company "brand" -- what products or services are associated with it, in the mind of the public.
@@ElizabethPW If you have multiple sub descriptions under one class on your trademark application (ex: Class 41 as you used in this video) do your specimen have to incorporate all of those sub descriptions or can one just suffice? Also, do you offer a consultation service? If so how would go about setting that up?
Hello, hope you see this… what would be the best class/ classes to classify a music label that will produce and distribute music as well as clothing and other merchandise
So production of music is a service, and clothing/merch are products -- that means they are in two different classes. Clothing is class 25 (you'd list the specific clothing, like hoodies). Production of music is class 41.
Thank you for sharing this.
I have two questions: 1) about sub-categories. And 2) about clothing/work related.
I am bag and leash making. For kids, not pets.
The bags are a combo of materials from cotton, canvas, vinyl and leather. The leashes are similar- some are bags themselves. Some are just leashes.
That means Class 018 for most things. Except somehow children’s leashes also falls under it? would I have to specify leashes as a subcategory? So 018-730. Or am I fine with a generic class 018.
Additionally, does not trademarking it for clothing mean I can’t put it on a shirt to wear while selling?
You can select one numbered class (like 018) and put in many subcategories, for the same USPTO filing fee. So if you are selling multiple things in one class, that's usually a good idea to include them. A trademark on clothing is typically about the brand on the tag/label, not is what on the front of the shirt.
Bonjour , and thank you for the great video, I do have 4 products in different class 003, 005,009,28, and I have heard you saying. that I can apply for TM store Class 35, so in my case it can work? thank you
Bonjour! Well it depends on whether your branding is on the products (the tags/labels) or the store itself. Think about what specimen you will submit as proof of use
Hi mam it was great to get all that knowledge about trademark but i just want to start selling different types of products like house product electronics clothing kitchen or tools for medical what class could carry most of them and how to just put your trademark in e commerce before regester it to uspto. At last do i need to make website for trademark . Ill be really thankful
In theory, stores that have many products, and where the branding is the store, can file under class 35 retail store services
Greetings Elizabeth, thank you for providing these valuable information to public.
I
Which class the Michael Kors or Hugo Boss or .. falls into? Store class?
I just did a search and "Michael Kors" has 67 trademarks and trademark applications! All kinds of things - umbrellas, eyeglass frames, stickers ... they are probably filing in every category where they sell or plan to sell products. You can go here to search: tmsearch.uspto.gov
@@ElizabethPW Thank you very much for your reply Elizabeth. I greatly appreciate your time.
Hi Elizabeth, thanks for the information!! If I am creating an online marketplace that offers a service, personal training and a few other things. When I type in fitness consulting 41 comes up but since I will be offering other services I think 35 would be more appropriate. Am I correct?
Also, if I wanted to add additional products in the future can I add that at a later date?
Class 35 is typically business consulting. Personal training and such is class 41 (personal services). Think about what services you will sell first and what will be on that website you will give the USPTO as the evidence of your offering service for sale (your specimen).
Hi!! Your videos are so helpful! I am coming out with cosmetics that will also include accessories like bags and candles. It's an online store. Would I need several different classes or can I do class 35?
It depends upon whether you are focusing on your store as the future of your business, or your products (that you might have other stores carry).
@@ElizabethPW Thank you so much for your reply. This helps so much. I really appreciate the reply!
Hi, Thankyou for such insightful video!
I've a question, I had a trademark registered back in 2017 but it was abandoned in 2018. It's deactivated now reason:
Abandoned because no Statement of Use or Extension Request timely filed after Notice of Allowance was issued. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page.
Can I file under the same trademark name & class again? same owner's details too.
Regards
Yes you can!
Thanks so much for going into details, i have an office action to respond to and after watching this i think i should have filed as a store instead of the class 021 i picked, am i still able to change it while responding?
Well typically you can't add classes, but occasionally you can switch them if it was wrong -- but that usually only works if the examiner comes up with the idea
Wonderful video. I've been researching for months trying to find the correct class to use. Ultimately I"ll probably need an attorney's help. I'm so confused on what I would use for the class to cover a variety of handmade items (crochet/knit). I do have an online store, and I do in person events as well. Rather than filing multiple classes to cover clothes, toys, home goods, etc, I'm wondering if class 35 would be sufficient; because most of the items I make, are not my design, I'm moreso concerned with covering my business name and what it's associated with, not the actual items themselves, do you think this would be the route to go?
Typically if the brand isn't on the products (the product labels/tags) because they are someone else's products, but the brand is on the store, we go with the store.
@@ElizabethPW Thanks so much for your reply! That's where it gets confusing. Because the products are mine, I've made them all myself, they do have my labels with my name on it. However, for most of them the pattern for the product has come from someone else, with permission to replicate and distribute and sell. Because we're talking about crochet and knitting, you're making something based off a pattern that's come from somewhere else, but you've done the work. So for example I make a shirt, but it's from a pattern I find online that's given permission to be sold, my label is on it because I've made it and am selling it in my store, crediting the pattern writer in the description. So while the design itself is not mine, the work is therefore the product I'm selling IS mine. This is why I'm going to have to find someone to hire and help me with this lol. Sorry for the long reply, just wanted to be a little more clear. Thanks again for your reply!
your videos are great . so for clothing line is 25 class can i select 4 different types of class 25?
Right exactly you can have multiple types under that one class
@6:40 Would you have to present specimens for all sub-categories?
No just a specimen for each numbered class
I'm applying for a trademark that was in use till about 4 years ago and it was a brand that was around since 1979. If I'm able to get this trademark, can I say established in 1979 even though I just took over the trademark that was abandoned for the last 4 years and not in use anymore. In fact the original corporation that owned this trademark specifically put out a press release several years ago around 2011 saying that the brand has been discontinued
So if someone has a chain of ownership of the trademark (like they bought the company or the assets) then that may work, but the applicant would not state the date someone else used (who then abandoned)
I have a Cosmetic apparatus that I would like to trademark. It does not fall into 003 (Cosmetics and Cleaning preparations) or 010..... It is not a (medical apparatus) or 44 because it is a Product and not a service. I'm stuck.
I'd recommend looking at the trademark of other companies in your industry with similar products
I was wondering how many good in the same category do I can put for examples with meakeups. Do I have to specify or just select cosmetics.
You can list as many goods as you want as long as you are going to sell them (you are saying you intend to do that, under penalty of perjury), and if they are all in the same numbered class then it is just the one class fee
My question is the for example class 21 has birthday candles and scented candles and also have petroleum product like petrol and motor oil.
Can I sell both products petrol and candles Under one class 21 and I can sell others category product under class 21 like books and storage baskets for example?
You don't have to get a trademark in every class of products that you sell, it just is a way to protect your business more
Hi Elizabeth. Thank you for the information. I have a question, thank you in advance for answering. I want to trademark by business name which I will sell clothing products under (for now). I also would like to start a podcast that will belong to the business but will have a different name. Do I need to add the podcast class under the main business name registration or will I need to later trademark the actual podcast name in a separate application and only register the business name under the clothing class?
Thank you!
So if the podcast would have a different name, it would likely be a different trademark application, where the trademark is that other name.
Hello, what class would it be for candles online and in a store. Logo will go on the gift box and product
If you search on idm-tmng.uspto.gov/id-master-list-public.html you'll see there's a listing for 004: candles.
Thank you so much for this video. Mind if I ask you a question? If my LLC is officially registered to my home address, but I dont want my home address made public when applying for a brand trademark, is it ok if I input a POBox address-- even though the LLC is not officially registered there? And... if that is ok, does it matter if the POBox address is in neighboring city (and not the city I have the business license for?). This is an e-commerce business. Thank you! Thank you!!
Well if the LLC gets mail at the PO Box about the trademark, I don't know if the post office will deliver it -- they probably will but that would be my concern. I don't think the city would matter
@@ElizabethPW Thank you! To clarify, is it required for the company LLC address on file with the state to match the address we use for the trademark application?
Hi Elizabeth - Thank you for this video, it was helpful, but I still need clarification on the classes I should select. My business will sell original art via a website. The work is mixed media, a lot with photography and assorted mediums, not all on canvas. We will also offer the option for commissions and will be working with interior designers. As we grow, I can see offering reproductions and prints of some of the work. Thank you in advance for any help you can give.
So most of the items you mention are products (artwork, prints, etc.). Art prints are class 16, for example. But commissions could be considered a service (example: 41 Custom painting of artwork for others).
Hi Elizabeth, Thanks for the Video, I have a question regarding products in a particular class, if I write down two products in my application under one class and after some time, I want to include another product from same class, Do I need to file another trademark / write to the USPTO to include that product (is it even possible?) or I can simply sell new product under same brand. For example Barbecue mitts, Barbecue Forks, Barbecue cleaning brushes for Barbecue grills, Do I need to write all or it does not matter if I write few and others I can simply use as those are also in class 21, Thanks
You can't add new things to the class once it is filed (the class cannot be "expanded"). But you can *sell* other stuff -- you are not restricted to what's in your trademark. You can also later file a new application with a bunch more stuff in that class (or in other classes).
Thank you, Elizabeth for this informative video. I have a website and am selling one product for now: a natural herbal diaper rash powder. I think it should be in class 003
(Non-medicated diaper rash ointments and lotions).
Can I use this class even though it's a powder? There are no classes with powders. Or should I use the class (( Non- medicated herbal body care products, namely, (indicate specific goods)). I would appreciate your thoughts on this. Thanks in advance!
Yeah probably makes sense to do the Non- medicated herbal body care products, namely, (indicate specific goods) route so you can list that it is a powder
Under what class and ID term would hydration powder packets fall under, please? the product contains electrolytes and essential minerals. The purpose of it is for general consumption to stay hydrated daily. Thank you Elizabeth Very Much!!!
Hm well sports, fruit, and energy drinks are class 032, but there is a class 005 for "Powdered nutritional supplement drink mix containing {specify ingredient, e.g., protein, vitamin C, etc.}" - it can be hard because it depends on the purpose and also what the powder is made of
Thank you so much Elizabeth. That was awesome. I have question please. I tried so many times to find correct class for my Brand name that I need to sell under it. It is a wood based product and it will be under wooden saving bank for kids ( Wooden Piggy Bank). I really appreciate your help to find the right class. Thank you.
Hm if it is primarily a toy then you could use "28: Toy Banks" but if it primarily a wooden box then you could use "20: Wood Boxes"
@@ElizabethPW Thank you so much Elizabeth. I really appreciate that.
Hi again, Elizabeth. Another question I have is if you are attempting to obtain a trademark in a few classes and aren’t able to in one of the classes because someone else is using it within that specific class, will the USPTO typically reject your entire application because of one class conflict or will it only reject the class that is conflicted? And on a similar note, if you have been in business under a business name that you have registered as an LLC with years prior to someone using the same name as a podcast name, are you prevented from trademarking the name in the class for podcasts when you were selling products under that name years prior to the publication of that podcast’s first episode? Thanks again for your time.
No the USPTO rejects class-by-class, so one can be granted and the other rejected. Podcasts would be in a different class than a store, but it also depends on the perspective of the customers. Typically who uses in commerce wins but you might have to fight about it in a trademark trial and appeal board proceeding.
Ok. Thank you so much for answering! I appreciate it.
So if it's clothing but it's going to be online but there will be t-shirts pants bags hats are they different classes or is it still under class 25 thank you
So t-shirts, hats, and pants are clothing class 25 (unless they are special purpose like hard hats are class 9). Bags are in many categories, depending on the type -- tote bags are class 18, for example.
I have a question. Hopefully you get this. But when you trademark your name can you trademark your slogan with it in the standard mark section for the same price of 250? Example Nike Just Do It. Is Nike one and just do another or can it be together in one mark?
Nike has TONS of trademarks, covering all the ways and combinations. You trademark how you actually use it and what is most important to protect -- saving $250 is not the best strategy
Is just listing clothing, footwear and headwear enough for class 25 or do I have to be more broader in that class?
Whether to be broad or narrow is a big strategy question that can’t be answered in a YT comment :)
Ok I had a question cause I’m having a hard time now with if I’m doing a cleaning business now how do I pick a class?
there is a class 37: House cleaning
Do I have to go through the same process for a makers mark? It's for jewelry and tools using my first 2 initials and my last name but stylized I guess you'd say. It's how I sign my paintings.
Generally, trademark law is protecting any words/symbols that identify the source of the product, so yes it would be the same process for protecting the initials/last name that's put on a painting or other artistic work. You have to think about whether you will file it on the initials & last name, versus the stylized "drawing" version.
@@ElizabethPW Thank you for your reply. It would be the stylized drawing version.
Hi. Would it be best to put an online jewelry store that will sell a tshirt or handbag occasionally under Class 035?
I would not pick 35 just because one happens to sell other products occasionally. 35 is if the brand is a store vs the brand being the products.
One more question please. Should we file the logo seperately or together with the trademark? Thank you.
Generally we file the trademark first and see if that gets approved, and file the logo later (if at all). That way you get a "second chance" if the main trademark doesn't get approved (and you can learn from the rejection). And, if you change the logo (common when a business is just starting) you'd have to start over with the logo trademark anyway.
Thank you so much for all information,
Q: I want to sell doors, windows, tiles and etc materials which uses for making home which class should i use?
Thank you
Assuming you the windows/doors are other people's branded merchandise, then you could put it under class 035 Retail store services featuring ____ (list the product types)
@@ElizabethPW Thank you,
what if i am selling under my own brand?
Then it depends on the exact types of windows/doors. Go here idm-tmng.uspto.gov/id-master-list-public.html and search for "windows" -- you can see there are different classes for metal vs vinyl/wood windows
Very informative! and I want to thank you for providing this info! I do have a few question's and hopefully you will take the time to answer and will be greatly appreciated!
Let's say I want to sell an educational/informational class or ebook that is downloadable from my website but also want to sell t-shirts with the same name, do i need to file for 2 different classes? (Edit)(I think you answered this) and also what about a logo? what if my logo includes the same name of my trademark, do i need to file separately for a logo as well? If so, then I suppose, theoretically, I could own the trademark for my business but someone else could own the same name/title as a logo?
Yes downloadable ebook / class (aka education / training) is a different class than t-shirts. If you have both a word trademark and a logo trademark, then that's two trademarks. For many of my clients with a small budget, we start with the word trademark and do the logo later, especially because people change logos a lot in the beginning of a biz.
@@ElizabethPW Very informative and way of guidance is easy . I have one question i am selling different product in 2 categories on my online store (mobile accessories and also some pets ). can i use class 35 for both of these categories?
what is the trademark class for selling on e-commerce? For example Amazon seller for private label. I am wondering if there is only the one class for selling goods on a 3rd party website or if it needs to be specific to the type of product? Because i plan to sell random products obviously since i do product research and sell different items. I read that i fell under 35 and possibly 42 if you are an e-commerce? is that correct?
Typically it's under a "retail store" class 35
Hello…
I would like to ask you a question and to be on the safe side, What class would I need if I’m just registering my initial trademark for my company’s name, Logo and slogan…Also, with the intent to sell things on my website like my sauces, kitchen stuff and t-shirts…How many classes would that be? Or What’s the easiest, inexpensive way to go.
Thanks in Advance
Think about what you will be selling and what's the most important & the things you will be selling first. The easiest, least expensive is to pick the most important product that you will sell first, and file for that class. You can just file on one class to start, and file a separate trademark application later for other classes, when you have more money (you can't add a class to the trademark application but you can file a new application).
I make Natural Handmade Skincare for the Face and Body. Should I just type in Handmade Skincare
For skincare products, you'd look for the specific things. Like lotion, body butter, etc.
Hi，Elizabeth. Thank you so much for this very helpful video. Here is my question: the trademard price is based on class. $250 per class. I want to register my trademark in class 41. Does it mean: I can register all the sub class under class 41 in order to maximize the pretection of my trademark? Have a good day!
Yes you can put multiple sub-classes under that class and it is just the $250 fee. But you need to intend to do all of them (and you are stating that under penalty of perjury)
If you apply for a general store, can someone else apply for a specific store using the same name? For example, a store that sells herbal medicines, cosmetics and skin care products. If I file it under a general store can someone else apply for say an apothecary store using the same name? Thanks so much!
They should not be allowed to (because those classes are coordinated) but it can happen sometimes
Evening, I appreciate you for taking the time to explain. I do have a question about my business. I’ll like to trademark my business name and logo, but I’ve learned that it’s best to file separate trademark for the name and logo. However, would class 03 be the best to choose for a natural skincare and aromatherapy. If so how do how word it to avoid confusion with my business name? Thanks in advance 😁
So 003 is non-medicated and 005 is medicated. Probably you are in the non-medicated class but look at your branding on the bottles etc (whatever you will submit to the USPTO as your specimen) to make confirm that's how it is described. Like if it is "essential oils for aromatherapy" then it is 003 but if it is "aromatherapy oils for treating headaches" it is 005.
@@ElizabethPW Got it! Thank you.