Trademark classification
Encyclopedia
A trademark classification is a way the trademark examiner
s and applicants' trademark attorney
s arrange documents, such as trademark
and service mark
applications, according to the description and scope of the types of goods or services to which the marks apply. The same trademark or service may be (or in many cases MUST be) classified in several classes, and some countries permit several classes to be registered in the same document. There are fees ordinarily associated with each classification, whether for initial application or later renewal.
An application filed for descriptions covering more than one class of goods or services may also be divided later (for a fee) into several different applications for synchronization with a phased roll-out of multiple classes of products. Because of international priority claim issues, classes may be deleted from an application but not added after the initial filing date. There are often disputes regarding the exact classification to apply in an application, partly because prior registrations may already occupy broad areas that overlap the products described by a later applicant. Many countries permit marks to cover an entire class without regard to specific descriptions of goods or services.
There is a general classification of marks into trademarks, service marks, certification mark
s and collective marks, each of which have slightly different rules. Within the broad categories of trademarks and service marks there are dozens of international classes defined for each category.
For the purpose of obtaining a trademark clearance, it is advisable to search all related classifications of goods and services that could interact with or be supplied by a potentially confusing mark that already exists.
In the United States
, the USPTO maintains the Acceptable Identification of Goods and Services Manual
to assist applicants and examiners to distinguish between classifications properly and consistently. Specific descriptions must be submitted for each type of goods and services to be covered by the registration, and overly broad terms will be rejected, depending upon how "crowded" a classification may be.
Trademark examiner
A trademark examiner is an attorney employed by a government entity such as the United States Patent and Trademark Office to determine whether an applicant should be permitted to receive a trademark registration, thus affording legal protection to the applicant's trademark...
s and applicants' trademark attorney
Trademark attorney
A trademark attorney is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters....
s arrange documents, such as trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
and service mark
Service mark
A service mark or servicemark is a trademark used in some countries, notably the United States, to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used...
applications, according to the description and scope of the types of goods or services to which the marks apply. The same trademark or service may be (or in many cases MUST be) classified in several classes, and some countries permit several classes to be registered in the same document. There are fees ordinarily associated with each classification, whether for initial application or later renewal.
An application filed for descriptions covering more than one class of goods or services may also be divided later (for a fee) into several different applications for synchronization with a phased roll-out of multiple classes of products. Because of international priority claim issues, classes may be deleted from an application but not added after the initial filing date. There are often disputes regarding the exact classification to apply in an application, partly because prior registrations may already occupy broad areas that overlap the products described by a later applicant. Many countries permit marks to cover an entire class without regard to specific descriptions of goods or services.
There is a general classification of marks into trademarks, service marks, certification mark
Certification mark
A certification mark on a commercial product indicates five things:* The existence of a legal follow-up or product certification agreement between the manufacturer of a product and an organization with national accreditation for both testing and certification,* Legal evidence that the product was...
s and collective marks, each of which have slightly different rules. Within the broad categories of trademarks and service marks there are dozens of international classes defined for each category.
For the purpose of obtaining a trademark clearance, it is advisable to search all related classifications of goods and services that could interact with or be supplied by a potentially confusing mark that already exists.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the USPTO maintains the Acceptable Identification of Goods and Services Manual
Acceptable Identification of Goods and Services Manual
The Acceptable Identification of Goods and Services Manual is a directory maintained by the United States Patent and Trademark Office outlining the different categories of goods and services recognized by that office with respect to trademark registrations, and setting forth the forty-two...
to assist applicants and examiners to distinguish between classifications properly and consistently. Specific descriptions must be submitted for each type of goods and services to be covered by the registration, and overly broad terms will be rejected, depending upon how "crowded" a classification may be.